June 21, 2016

My son was charged with enticement of a minor he was told to take the plea of 2 years in jail. He wants to know can he appeal and hope he can get probation

Answer

You can request anything, but standard plea papers generally include a waiver of right to appeal. You would have to demonstrate something extraordinary, not just “I don’t think this was a good deal. I change my mind”. If probation was not offered as part of a plea bargain by the DA then, it won’t be offered after an appeal. Your son would have to have a trial and the chances of obtaining a new trial at this stage are slim to none. Good luck.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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