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Myles Hahn III Attorney at Law | Myles Hahn III
He must file a written motion to do so. The judge ultimately would decide if the request was warranted. The written appeal must be filed in a definite time period - often 30 days is the limit after the sentence was made - or his rights are waived and he loses his right to file the motion. He should be asking these questions of the attorney who handled his case.
Answer Applies to: Illinois
Replied: 2/20/2012
Timothy J. Thill P.C. | Timothy J. Thill
There are limitation periods for appeals, usually 30 days after a judgment has been entered. Once that period is over, there is no chance for a sentence reduction. Your friend might discuss the case with an attorney who specializes in appeals, but I seriously doubt that he can get the agree on sentence reduced.
Answer Applies to: Illinois
Replied: 2/20/2012
Brucar & Yetter, P.C. | Wayne Brucar
No. He would have to ask to withdraw his plea within 30 days of its entry and begin over if the withdrawal was allowed. If he is beyond 30 days, his option would be to file a post conviction petition if he can state a constitutional basis.
Answer Applies to: Illinois
Replied: 2/17/2012
