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BsMom9 · Feb 12, 2008, 07:34 PM

Hi I'm knew here,:confused:
Its probably a dumb question but can you appeal a plea bargain? We were told he faced 28 years and we should plea bargain for 9 years. He is now in prison.
This is my son's first offense, Robbery, he got 6 years with a 3 year enhancement, total of 9 years. He was wondering is there anyway to take off the enhancement? Were in CA.

Also with this point system in prison, he has 40 points which makes him level 3, he was told he cannot go under 19 points with a robbery charge. Do you know if that's true? Or where I can find info about the point system for prison?

Thank you

ScottGem · Feb 12, 2008, 07:38 PM

The idea of a pleas bargain is you agree to it. So unless you can prove you were mislead, I doubt if you have grounds to appeal.

BsMom9 · Feb 12, 2008, 07:45 PM

Originally Posted by BsMom9

Hi I'm knew here,:confused:
Its probably a dumb question but can you appeal a plea bargain? We were told he faced 28 years and we should plea bargain for 9 years. He is now in prison.
This is my son's first offense, Robbery, he got 6 years with a 3 year enhancement, total of 9 years. He was wondering is there anyway to take off the enhancement? Were in CA.

Also with this point system in prison, he has 40 points which makes him level 3, he was told he cannot go under 19 points with a robbery charge. Do you know if thats true? or where I can find info about the point system for prison?

Thank you

Ok I'll write him and let him know, I'm not sure if he was misled or how to prove it, sounds like you can't. Thanks

twinkiedooter · Feb 12, 2008, 08:09 PM

He was facing 28 years. He chose to take 9 years as a sure thing. What would have happened if he did not take the plea bargain and then ended up being convicted by a jury and sentenced to the full 28 years instead? What he did was essentially not gamble with his sentence which in some cases is much smarter in the end as you never know what a jury will do and it's very tough to second guess a jury.

How long ago was he sentenced? This also plays a factor in your question. Have you contacted his attorney regarding the appeal on this matter?

BsMom9 · Feb 12, 2008, 08:26 PM

Originally Posted by twinkiedooter

He was facing 28 years. He chose to take 9 years as a sure thing. What would have happened if he did not take the plea bargain and then ended up being convicted by a jury and sentenced to the full 28 years instead? What he did was essentially not gamble with his sentence which in some cases is much smarter in the end as you never know what a jury will do and it's very tough to second guess a jury.

How long ago was he sentenced? This also plays a factor in your question. Have you contacted his attorney regarding the appeal on this matter?

Very true, that's what the attorney kept telling us, even though he was innocent, I'll send him your answer too. He was sentenced in Nov. 2007. Haven't asked the attorney yet. He was only paid for the 2 hearings he went to, the $5000 was all our savings, so if we could appeal I don't know if we qualify for a PD.

Fr_Chuck · Feb 12, 2008, 09:47 PM

Normally no, you can't appeal a plea bargain, unless there was something done to lie to him as to what was to happen. His attorney should have been invovled in the plea agreement.

What happens if a person is guilty, or if they believe there is no way they can be found not guilty. Too much evidence against them to prove they did it ( even if not guility)

But plea bargain is basically normal, DA don't bring over 1/2 the cases actually to trial, the courts could not hold all the cases if everyone actually went to trail. Also if the DA is not sure they can win, they will also offer a deal, so they can close the case.

But the problem here is to get the deal, he had to confess that he was guilty, so now, recorded in evidence will be him confessing he did it, and often telling how he did it.

But once you plead guilty and are sentenced, normally there is nothing you can do.

excon · Feb 13, 2008, 04:46 AM

Hello Mom:

The others have answered your question regarding an appeal. It's too late now, but if he was innocent he should never have pleaded guilty.

I'm going to address your "points" question. I don't know what they are. I'm sure it has something to do with his custody level. Your son should ask his case manager for the written policy and procedures manual concerning "points". There is a manual. It's not secret.

excon

Fr_Chuck · Feb 13, 2008, 07:08 AM

Prisons have systems to determine level of custody, which prisons they will go into, normaly known to outside world as MIN security, medical, max, high max and a dozen variations of those.

In most for the first number of years 5 to 10, those with certain types of crimes can not be considered for min security but will be held at nothing lower than med security with most going in at a higher standard and then being lowered as there are no problems. He will have a correctional couselor ( or some title simular) who will meet with them ever so often to discuss and reclassify him ( every 6 months to a year normally)

But as noted these are just black and white rules in a book that should be open to be reviewed. The number of write ups he gets for various offenses, being late to go to breakfeast, not doing his work detail, gambling, fighting will all go against him.