What is the procedure for a new trial and can he get a public attorney for cost purposes? What's the procedure for an MFR?

Asked over 1 year ago - Greensboro, NC

My husband was given a 14 - 17 year sentence and deemed as an habitual felon . He was sentenced in the aggravated range and should have been in the mitigated range . They had gave him additional points and charged him for a crime twice . I went to retrieve his sentencing transcript and saw where he was charged twice for the same crime . As a result he was given more time than he was supposed to have .

Attorney answers (2)

  1. Damon John Chetson

    Contributor Level 14

    Answered . He should have given a notice of appeal. This is an appellate review to determine whether there were any defects in the original trial - mistakes by the prosecutor, judge, or defense lawyer.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more
  2. Michael Douglas Shafer

    Contributor Level 20


    Lawyer agrees

    Answered . Take the transcript to his sentencing attorney. You may have grounds regardless of how much time has passed.

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