Should You Trust a Lawyer Who Promises a Quick Appeal Win?
One more question my fiance has a lot of aggravated assaults on his record a second d degree murder he was clear of he was sentenced to ten yrs for the receipt of porn his lawyer told him in 6 to 8 months his appeal would be ready an he would not have to go back to the camp he's sent to can he make a promise like that? Is there anyway they will keep him at Leavenworth
His lawyer can only negotiate with the prosecution for a plea deal to avoid a trial. The recommendation by the prosecution is only that, it is not binding on the judge at sentencing. The judge can reject a plea deal and sentence to whatever they decide. It sounds like there is a lot of history there that the judge must consider. The prosecutor nor his lawyer can make a promise that is adhered to by the judge. The other part that can be tricky is that if the violation is what brought him back, and he goes before the previous sentencing judge under where the violation occurred, your inmate very well might be facing an angry judge. This judge can force him to serve all of the supervised release time from the previous charge and impose as a new sentence for the porn charge. This one doesn't sound promising at appeal.
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