My husband was sentenced on possession with the intent to distribute within 1000 ft of a school zone and was offered a plea bargain in 2007 for 5 years probation. Knowing that he wouldnt serve jail time, he plead guilty. Now 2 years later they sentence him to 5 years on a revocation hearing for the reason of what the judge called was illegal probation! Is this right and is this what they call a mistrial?
1 Answer from Attorneys
You must contact an attorney immediately. If your factual scenario is accurate, and that is in fact the sole reason for the revocation, your husband must assert his rights. The law requires that he knows to what crime he is pleading, and if there is a sentence agreed upon, he must also understand and know that sentence. If they change it on him now, for no other reason than the court does not like the sentence, he has rights that must be asserted immediately.
If you cannot afford a lawyer, contact your same attorney that he had at his plea and/or the local or state bar association to find out your options for counsel.
Good luck to you, I hope you are able to find some justice in this situation.
Related Questions & Answers
I mailed $16,500 to a mobile homes salesman made out in his name for a mobile home i... Asked 11/13/09, 10:16 am in United States Louisiana Criminal Law
I plead guilty to simple Marj. with out article 894. I hired a lawyer and he is... Asked 11/10/09, 4:40 pm in United States Louisiana Criminal Law
If prostitution is defined as : (1) The practice by a person of indiscriminate... Asked 11/06/09, 8:04 pm in United States Louisiana Criminal Law
Type your question here...if accused of sexually molesting a child, what type of... Asked 11/03/09, 4:04 pm in United States Louisiana Criminal Law
Is it a crime to impersonate a attorney even if I gave my own name as the lawyer and... Asked 10/27/09, 11:21 pm in United States Louisiana Criminal Law