Can a probation sentence be appealed if it is blatantly unfair?

My fiance was arrested 2 years ago for possesion of narcotics and a few other charges. He was given the pill under the impression it was an over the counter pain reliever as he suffered a severe back injury. He has already served a full year of probation and is 1/3 of the way done with the court ordered and highly unnecessary rehab.

Asked on November 3, 2011 under Criminal Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, if one has been under the agreed upon terms of probation as the part of a sentence or a plea bargain the terms of probation cannot be appealed.

The option is to simply reject the terms of the probation and elect the full sentence imposed by the court which typically includes jail time as well as a fine.

If your fiance' is not happy with the current terms of probation he can file a petition with the court seeking its modification.

Good luck to him.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.