so my sister was in this problem since september 2011. she was in propation while waiting on her court day, while on this process she had two babygirls and had court until last week. she denied several things they were blaming her for and so the judge ordered the icee to come with the evidence, when they came in the judge took it like an offense for wasting her time. they said the minimum was 19months and still gave her 78 for "lying" to her. we are four siblings in total and she is the only one from mexico, is there any way we can appeal and ask for just to take her papers away or some other kind of punishment?? what can we do?? if there is nothing then how can she get less time? please help, her lawyer no longer answers our phone calls and we do not know what to do!
DUI / DWI Attorney
Look for an attorney who handles appeals. This is her only option now.
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Criminal Defense Attorney
I agree with my colleague on the appeal issue.
On the immigration issue, you need to seek the help of an experienced immigration attorney - one who works on removal defense.
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More than the minimum need not be justified, but what was the max and was 78 greater than the max, and was there a justiification? and was that justification's facts adjudicated beyond a reasonable doubt?
That would be ONE question answered by a potential appeals counsel. Also, did she waive appeal?
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Criminal Defense Attorney
If she entered a guilty plea you may be able to file a Post Conviction Writ of Habeas Corpus. If she did not receive very specific instructions on how this would affect her immigration status, the case could get overturned.
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