Q: Received maximum sentence on 2 owi resulting in death on open plea to the judge.no prior felony. Need appeal answers
Wife plead open to judge on 2 owi resulting in death cases. She has no prior felonies. Only misdemeanors from when she was 18 years old. Every motion her lawyers filed was denied by judge. No depositions were done on any medical staff. Judge held her juvenile charges against her openly. He didn't sentence her to any substance abuse treatment. He addressed her very negatively before he ever made his decision multiple times on sentencing day. Only allowed 1 character witness on her behalf, while over 10 letters were read on the states behalf. This was a very high profile case in our area. He obviously let pressure from media, and victims families influence his decision. Her court appointed attorney admittedly knew her victims families. There was only 1 plea bargain offered from prosecution. Are these enough grounds to win an appeal for a lesser sentence? If it's denied by the state how do we get it to supreme Court?
A: Sentences are rarely overturned, but when a defendant is maxxed out, there is no downside to appealing. Contact an experienced appellate attorney immediately, as a Notice of Appeal must be filed promptly. You mentioned that she had a court-appointed attorney. If she is still indigent, she can and should request a court-appointed appellate attorney.
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