Legal Question in Criminal Law in Alabama

husband in prison robbery

my husband didn't get out of the car when another guy with him rob a fast food place, he ran off on foot with money and they got my husband by running car tag,he wouldn't tell who the another man was and they charged him 15yr sentence,he served 9.5 yr out on parole 2yr he got a dui 1st one,they revoked him for 2 years, put him in level4 prison, can we go back and try to reopen case for lesser sentence on the robbery charge and is there any way to get him back out of prsion, this is in alabama, i just feel the orginial sentence was very harsh ,he just would'nt tell, he was young and stupid but now his has a family that he provides for and hes a wonderful daddy, he doesn't need to be in prison, please is there anything i can do to get his orginal case reopened for lesser sentence or is there a way to get him out of prison before two years?


Asked on 4/03/07, 9:09 am

1 Answer from Attorneys
Damon Ryals Damon R Ryals

Re: husband in prison robbery

There is a standard period following a criminal conviction in which to appeal. That period is measured in days not years. Your husband could make an appeal based on ineffective assistance of counsel, but there is always the danger that the sentence returned in the new trial could be even greater than the one from the initial trial. His DUI might still be appealable, if too much time has not passed.

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Answered on 4/03/07, 6:55 pm


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