How should my husband go about trying to get his sentence reduced?

Hi, my husband was convicted of forcible rape on a minor q years ago. He was going to be charged with aggravated rape but the sentence was less with forcible rape so he pled guilty and took the plea bargain. I was the minor that he went to prison for. He got 25 years. We want to see if we can possibly get his sentence dropped down to 15 or so years. We just don’t know how to go about doing it. Where do we need to start trying to do this? And what would be his chances of getting something like that granted?

Asked on August 14, 2012 under Criminal Law, Louisiana

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

The only way your husband will be able to get his sentenced reduced at this point is to file a criminal appeal. On appeal, the appellate court will look for any errors of law that was committed at the trial court to determine whether or not to issue a new trial in the matter. This is difficult however when a case was not decided at trial but rather plead guilty to. I would advise you contact an appellate lawyer in your area to determine what your husband's options are concerning an appeal of his guilty plea.


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