My son, has been serving a 30 month sentence for 3rd degree attempted CSC. He was arrested in August of 2001 and was sentenced through a plea agreement in August of this year to a total of 30 months.

He had another charge pending during this entire time that dated back to December of 2000. The former DA did not bring charges because of lack of evidence/poor evidence. Well to make a long story short when my son was charged with the 3rd degree CSC the DA decided to bring forth these old charges. This charge sat and sat, we tried to get the charges combined but were unsuccessful in doing so.

I spoke with the DA myself and he did not want to take this to a jury trial (I know he didn't because he did not have any evidence). He told me himself this is a weak case. Anynway I wanted to pursue a trial, but the DA offered to a plea agreement for a concurrent sentence for the same time he is already serving... I still did not want to go for it but my sons attorney convinced him to take the plea because there was always a chance he could be convicted and would have to serve a lot more time...

So, against my better judgement I did not talk him out of it I told him its your call its easy for me to say but I am not the one who could serve additional time.... So he went for it.

We got to court this past week and they did indeed sentence him to the same 30 month sentence, concurrent. Well here is where we get kicked in the ass. The judge wouldn't give him credit for the time he already did serve. So, his thirty month sentence which started back to August of 2001 now begins this week!!!! Never was it brought up that he would not get credit for the 16 months he has already served so now, in a sense his 30 month sentence turned into 46 months.

Anyone have any suggestions? Can we appeal a sentence? I have a call into another attorney, but I wonder has this happened to anyone else? Some plea agreement.

Here is the best part when the judge noticed there was nothing there in the plea agreement to address time already served and he asked is he going to get any credit his public defender sat there closed mouthed and didn't even try for it....

Ah, good ole american justice.........Isn't it grand? I think I am going to change my slogan on the bottom of the page to read "Money talks and Shit Walks".......

Trying to stay optimistic...

Hugs,

Jodi

Jodi,

Geez, I saw the name Snowdancer and thought---WOW!!! Welcome back my friend!!

I am sorry about your son. It's like we have to be vigilant all the time so they don't find a loophole where we didn't cover our backs. I am unsure if anything can be done as far as an appeal or not. I'm glad you called another attorney. You may want to check with one that specializes in appeals. They're mostly downstate in Michigan.

Deb

Jodi, thats just a bunch of crap. These "little" things that they just forget to mention, hurt the most! Why do they do things like this? THIS is why our prisons are bulging at the seams. They find a way to charge someone with another crime, when that crime wouldn't make much of a difference anyways. Does that make sense cuz Iam not saying this right. He is already doing time. Why add on a few more months? UGH! That is really stupid in my opinion. I am so sorry to hear about this. I wish I could give you advice, but i just don't know what to say.

Dear Lulu, Deb, & Jeni,

Thanks for replying! We are not going to let this bring us down though..... we are just going to plug forward. If we can get an appeal sobeit. if not we will just patiently count down the days when we can all be together again as a family and return to some sense of normalicy, if that is possible....

Take care All ~ Hugs,

Jodi