My son got a misdmnr shoplifting charge and his PO revoked his probation. the judge 1st said he didnt do time or fine on original charge so he was going to sock it to him. i brought to public dfndr att that he did do time. he put him in front of judge a 2nd time and judge decided to stick with original sentence= 300-365 days in crrctn facility. he has not yet been convicted of the misdmnr charge in another county. i dont feel the judge judged him fairly and feel it was a bit over kill .. he paid all his fines off early, has a job, a baby, takes care of gma and gpa with a brain tumor. please help, this judge is so unfair.
What is the time frame I have to appeal? I have asked for a transcript of what the judge said in court, but told it will take several weeks to get this.
Criminal Defense Attorney
Yes you can appeal a probation revocation sentence, however you have to petition the appeallate court for permission to do so, they do not have to accept the appeal. I would encourage you to hire an attorney.
As the prior attorney answered this would be an application for discretionary appeal, meaning he does not have an absolute right for the Court of Appeals to hear the case. Violations of Probation Rule Hearings are especially difficult on appeal for a variety of reasons, and action must be taken immediately if you intend on pursuing an appeal a Motion for New Trial needs to be filed within 30 days of the hearing. That generally will not be heard until the transcript is prepared, after that the motion can be heard. If the new trial is denied then the Motion for Discretionary Appeal would be filed. You need to consult an attorney immediately if you have any intentions of doing something about this.