Legal Question in Criminal Law in Louisiana

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?

Asked on 11/14/09, 11:34 am

1 Answer from Attorneys

Jarrett Ambeau The Ambeau Law Firm

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.

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Answered on 11/19/09, 11:48 am

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