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Should appeal sentence?

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honey6304

Junior Member
What is the name of your state? Florida

Okay, my brother was convicted last year, I believe in August 2004, of grand theft of around $1400. He worked at a shop that installed radios, dvd players, and TV's in vehicles. He had just started and was mainly in charge of taking out the trash. Two new TV's had been delivered that day, but no one could find them. Later they were found out by the dumpster and he was accused of trying to steal them. His public defender told him to plead guilty because he had no witnesses and some employees were going to say he stole them. The only other conviction he has on his record his for theft when he was 18 and that's another story. Anyway, he was sentenced to 3 years probation. In the beginning of March 2005, he was called in unexpectedly by his probation officer to do a drug test because someone had said he was using cocaine. He tested positive for marijuana and was arrested for violating his probation. After a month in jail, and a number of transfers, last week he hired a lawyer for $500 and went to court this morning. He was given 2 years house arrest, followed by 3 years of probation. I was wondering if this was a fair sentence given this is his only drug offense and he has 30 days to appeal; should he appeal it or not? Thank you for responding to my questions.
 


Happy Trails

Senior Member
honey6304 said:
What is the name of your state? Florida

Okay, my brother was convicted last year, I believe in August 2004, of grand theft of around $1400. He worked at a shop that installed radios, dvd players, and TV's in vehicles. He had just started and was mainly in charge of taking out the trash. Two new TV's had been delivered that day, but no one could find them. Later they were found out by the dumpster and he was accused of trying to steal them. His public defender told him to plead guilty because he had no witnesses and some employees were going to say he stole them. The only other conviction he has on his record his for theft when he was 18 and that's another story. Anyway, he was sentenced to 3 years probation. In the beginning of March 2005, he was called in unexpectedly by his probation officer to do a drug test because someone had said he was using cocaine. He tested positive for marijuana and was arrested for violating his probation. After a month in jail, and a number of transfers, last week he hired a lawyer for $500 and went to court this morning. He was given 2 years house arrest, followed by 3 years of probation. I was wondering if this was a fair sentence given this is his only drug offense and he has 30 days to appeal; should he appeal it or not? Thank you for responding to my questions.

I think he got off easy. Your brother was given probation and he had certain guidelines and rules to follow. When a person violates their probation they take a chance of spending the rest of their probation in jail.
 

smutlydog

Member
honey6304 said:
What is the name of your state? Florida

Okay, my brother was convicted last year, I believe in August 2004, of grand theft of around $1400. He worked at a shop that installed radios, dvd players, and TV's in vehicles. He had just started and was mainly in charge of taking out the trash. Two new TV's had been delivered that day, but no one could find them. Later they were found out by the dumpster and he was accused of trying to steal them. His public defender told him to plead guilty because he had no witnesses and some employees were going to say he stole them. The only other conviction he has on his record his for theft when he was 18 and that's another story. Anyway, he was sentenced to 3 years probation. In the beginning of March 2005, he was called in unexpectedly by his probation officer to do a drug test because someone had said he was using cocaine. He tested positive for marijuana and was arrested for violating his probation. After a month in jail, and a number of transfers, last week he hired a lawyer for $500 and went to court this morning. He was given 2 years house arrest, followed by 3 years of probation. I was wondering if this was a fair sentence given this is his only drug offense and he has 30 days to appeal; should he appeal it or not? Thank you for responding to my questions.
Their is nothing to appeal unless he wants to dispute the results of the unrine test.
 

calatty

Senior Member
Two years house arrest does sound kind of harsh for a dirty drug test. It couldn't hurt to appeal the disposition.
 

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