Written by attorney Richard Timothy Jones

Should you always appeal your sentence?

If you have been convicted, your chances of success on appeal are slim. If you received a sentence on the high end of the range of punishment or are truly innocent, you should definitely appeal your sentence. You have little to lose. If you were guilty and received a sentence on the low range, you might want to think twice. In a fairly recent case, a woman appealed her five year sentence. She was granted a new trial on the sentencing part of her trial. In other words, the appeals court didn't give her a second chance to try to prove she wasn't guilty. They just gave her a second chance to try to get something other than 5 years. She received something other than 5 years, instead a second jury gave her 10 years. Be careful what you wish for.

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