My husband Has successfully completed almost a year on felony probation in Las Vegas. He was arrested during a confrontation and was charged with robbery and conspiracy to commit robbery but all charges were dropped Due to surveillance proving that he did not commit those crimes. He has been in jail a little more over a month and today he had his revocation hearing. The judge on the case was the original judge when he was placed on probation and she stated to him if she ever saw him in her court room again he would be sent to prison. Even with a paid attorney and a strong argument with evidence in the favor of my husband we feel that the judge was biased, did not care about the facts in this case and was judging him off his previous case that placed him on probation, and revoked the probation. Is there a chance that we can appeal this?
Honestly, without a full case review, any advice would be premature.
With that said, what you could consider might be a Motion to Reconsider, submitted by a different attorney. This motion is written after a decision, and then orally argued in front of the judge, to say, 'Your Honor, while we respect your authority, would you be willing to consider . . . .'
Because of a million factors, even the best of attorneys may not have presented the facts, in either writing or by argument, in a way that the judge was willing to listen. Sometimes, a new face in the mix will encourage the judge to take a second look. This is not a guarantee... but it is a way for cooler heads to prevail, especially if the new attorney can frame the argument in a way that shows your husband was in full compliance with the judge's orders, and his appearance was just bad luck of the draw.
Remember, judges are human too . . . He/she just wants to protect the public, and if the judge can see the public is safe, they sometimes will modify an order.
If you trust your husband's attorney, see if they have a partner or associate that can help. If you have lost faith, consider consulting a new attorney, and look at all options.
The information entered here is for general informational purposes only, and does NOT create an Attorney - Client relationship. I strongly recommend consulting an attorney, licensed in your state, to properly evaluate the legal question and provide accurate advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline