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Criminal Attorney. Can anything be done once sentence is served. Attorney said he probably not one to appeal when asked
Anonymous4 views5 answers
Son answered craigslist ad with telephone number and pictures on adult site 3/31/12. 4/1/12 continued conversation boyfriend 26 said girlfriend was 14, first time, and asked for pictures again that had been sent 3/31 before he would picture of girlfriend, and was adult picture. Police called son on his phone to have him say what he wanted to do to her. Took open plea judge gave him same sentence as other 18 arrested. used internet on adult site, talked on phone went to a minute market did not come out police went in and arrested him. He never met anyone and in public place police report and in court said he was at a house judge said it was a meeting place and didn't matter. Had mitigation letters 3 people spoke in his behalf judge didn't allow downward departure.
Mark Andrew Nickel Jr.Family Law AttorneyYorkville, IL ·
If he pleaded guilty, then he would have to file a motion to withdraw his guilty plea. Could you be clear on exactly what you mean by "anything be done?" Additionally, if this happened back in 2012 and he pleaded back then the relevant time periods he has to challenge his case are most likely long passed.
Time has passed for an appeal. You may find a lawyer to file a writ for you but these are rarely successful, especially when the petitioner has pled guilty.
Unfortunately it sounds like there are several reasons why this cannot be appealed. (1) it's past the 30 days; (2) He did a plea to the bench. It sounds like buyer's remorse at this time...i.e. he was willing to accept plea when he thought judge would go below guidelines or do something more reasonable but now that the judge hasn't the plea wants to be pulled back. That's not a valid reason for withdrawing the plea. A plea can be withdrawn because it was coerced or because it was made without understanding....but buyer's remorse is not a legal reason to withdraw the plea.
