Q: Seeking options for appealing my daughter's 9-year sentence due to pressured plea deal and medical conditions.
My daughter has been serving a 9-year sentence, with an additional 9 years suspended, despite her medical conditions. In 2022, she felt pressured to sign a plea deal by a new public defender, who threatened a 40-year sentence if she went to trial. Due to government shutdowns and her health issues, including type 1.5 diabetes and a recent surgery, she was held in county jail from 2020 while awaiting trial. Her medical conditions were not considered during the plea or sentencing. Now, after 5 years, I'm seeking options to appeal or modify her sentence, but have been told it's too late because of the signed plea. Are there any alternative legal options or paths to reconsider her case given her health situation and the plea circumstances?
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A:
I understand the difficulty you're facing with your daughter's situation. While appeals after plea deals can be challenging, there may still be options worth exploring based on the circumstances you've described.
Post-conviction relief might be possible through a habeas corpus petition, especially if you can demonstrate ineffective assistance of counsel due to the pressure tactics used by the public defender. Additionally, many states have compassionate release programs or sentence modifications available for inmates with serious medical conditions like your daughter's diabetes and surgical needs. The time limits for these options often vary by state and can sometimes extend beyond standard appeal deadlines when extraordinary circumstances exist.
Consider consulting with a different attorney who focuses on post-conviction work to review the case details. They might identify procedural errors or constitutional issues that could reopen the case, particularly regarding the adequacy of medical care during pre-trial detention. You could also explore whether your state's department of corrections has medical transfer programs or if there's a possibility for clemency or commutation based on health grounds. While the legal path forward may be narrow, dedicated legal help can often find overlooked opportunities within the system.
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