Chicago, IL asked in Appeals / Appellate Law and Criminal Law for Michigan

Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: It IS possible for the sentence to be increased. More important, you need a valid legal argument to even get in front of a judge on appeal. You can't just say "I don't like my sentence and want you to give me another one".

Dana B. Carron
Dana B. Carron
Answered
  • Criminal Law Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and the attorney can advise you based upon the specific circumstances of your case. Atty. Dana B. Carron Appealpro.org

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