Skip to main content

Can I appeal a federal sentence?

Dilley, TX |

I was sentenced to 6 months. I have too much to lose in those 6 months

Attorney Answers 2

  1. If you did not waive your right to appeal (by signing off on a plea agreeement that contains a provision waiving your appellate rights), then you can appeal. But, you should make sure to get your appeal rolling quickly because many appeals will take at least six months, if not longer. If you did waive your appellate rights, there are exceptions, but they rarely apply to allow for the appeal of a sentence (they are usually related to the voluntariness of the plea, ineffective assistance of counsel, or prosecutorial misconduct). You should speak with an attorney immediately about preserving any rights to retained.

  2. Yes you can appeal, assuming your sentence was not part of a plea. The appeal process will likely take longer than six months. Ask to file an expedited appeal. You should move quickly though.