Q: if a circuit judge sentences a defendant improperly for a misdemeanor crime is there any recourse for the defendant ?
misdemeanor battery ... plea vop judge sentences to felony house arrest
A: The judge can only sentence on a VOP for the max time that the misdemeanor carries. I don’t know what “felony house arrest” is per se or how it differs from being placed on HA for a misdemeanor VOP. You might be supervised by a felony-based HA officer, but that doesn’t make the sentence illegal. Speak to a lawyer in your jurisdiction. Good luck.
A: A circuit judge has jurisdiction over cases involving at least one felony charge. In that sort of case you might have plead to a misdemeanor and been placed onto DOC probation. If you believe that the sentence was illegal, then you can file a notice of appeal within 30 days of sentencing. Speak with your lawyer who handled the case about the sentence and need for appeal. You are free to hire a new and independent lawyer either to correct the claimed sentence error or to handle the appeal.
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