Alcohol & Drugs: MIP, MIC, Intoxication Should I appeal?

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Airbaby

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Monday of this week I was sentenced to 6 months county, for Forgery and Uttering to obtain a controlled substance. It was my first pre-trial, and I had a PD. I was told at my arrignment, the State was offering me 6 months County, with good and gain time I think that makes it 120 with 11 days in. So 109 days. My issue is this, At first on monday they offered me a 9 week program, I was good with this, they they found out the program was for men only. So the State changed it to another program, which is 180 days. My PD told me I needed to plea out that day because there is a new Judge coming in Jan, he/she isnt very nice. They also told me if I pled out right then and there, then they would agree to set my sentencing date out til Jan 10th. Now mind you, since my arrest, I have been involved with Narcotics Anonymous, and have 105 days clean, I have my kids back, stable job, and stable home life. NONE of this brought up to the judge or anyone I dont think for that matter. It was take this deal or it will get worse. Why did all of this happen at my first pre-trial? Should I appeal my sentence, stating ommision in distress? I do have 2 priors, of pretty much the same thing, but at that time I was dull into my addiction. SHould I write the judge? ask for reduction in sentence? i know there are a ton of ways to get around this.. Do I challenge the decision?

Thank you for your time
Renee
 
It is hard to tell………I however think your lawyer would have been more patient and accepted a deal only on your last announcement setting. Accepting a deal so fast is best in some cases……. It seemed from what you say; he simply rushed to close your case. That has been a complain from many people using PDs. It would be hard to overturn your plea giving it is signed and approved. The threshold to reverse or invalid a plea is very hard to meet and almost impossible without convincing evidence. Only a lawyer in your county familiar with the practices there can best advice you on this one. Different rejoins or counties have different ways of disposing cases and different guidelines. Meet a lawyer there for a free initial consultation. At least even if you can't afford one, he would at least tell you if you have a chance. Then you can back out after learning……….Meet at least three lawyers.
 
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