Skip to main content

Can he appeal his sentencing!

Phoenix, AZ |

They stopped my husband with 8 ounces of meth and they gave him 5 years and 8 years probation to do half because hes an illegal but theres other people that are in jail and there illegal and they got them with way more than what my husband had and they gave them less can he appeal because I think its not fair and the first offer they offered him was 8 years. The charge they left him was intent to sell.

Or do you think it was fair

Attorney Answers 3


  1. Best answer

    If he accepted a plea agreement, then he can file a Petition for Post Conviction Relief. It must be filed within 90 days of the day he was sentenced. The court bailiff would have given him a sheet of paper with information about it when he was sentenced. If the Post Conviction Relief petition is granted, the remedy is to send the case back to the trial court and basically do the case over.

    If he was found guilty at trial, then he has a right of direct Appeal. That has to be filed within 20 days of the day he was sentenced.

    The sentencing laws in Arizona are extremely harsh. Possession of Methamphetamine in Arizona carries a mandatory sentencing range of 5 to 15 years in prison, flat time. It is not probation eligible.

    Your comment about there being other people in the jail who are even guiltier, but receive lighter sentences, is something I sympathize with, but it is the reality of the criminal justice system. There are a large number of factors that contribute to a person's sentence. Typically a person who is caught red handed and/or confesses to the crime will receive a harsher punishment. The reason is because the government will have a very easy time convicting the person at trial, therefore the government can, and does, offer a harsher plea agreement. On the other hand, if a person has an excellent chance of prevailing at trial, the government might make a much more lenient plea offer.

    I noticed that you said that your husband is "an illegal." I'm aware that it is en vogue these days with media and politicians to call people "illegals." But "illegal" is a status, a state of affairs--not a human being. I reject the dehumanization of human beings based on the crime of crossing the border illegally. The punishment they receive for their crimes are plenty severe. I try to remind myself every day that we are all children of God.

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.


  2. I don't know exactly the situation he is in. Are you saying that he had a trial and lost, was found guilty. If he lost at trial then he can appeal. If he plead guilty to some crime and was sentenced within the normal guidelines for the crime that he plead guilty to then NO he can't appeal. Comparison with some other inmate (illegal or not) is never a yard stick for a sentence. Talk to his attorney for more details.


  3. Your husband's attorney is in the best position to answer this question.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics