Usually 95-99%, depending on the jurisdiction and time period.
You can file the motion and hold your breath - but - if the plea was the result of a plea bargain, essentially YOU agreed to the plea. How can you appeal your OWN self-bargained plea.
You would have to ask for that as part of the plea bargained agreement.CAUTION: Be advised that while they usually go along with the prosecutor's recommendations, judges are under no obligation to accept whatever the prosecutor plea-bargained with you.
Not all cases are plea bargained. "Slam Dunk" cases that are sure fire convictions may only be "sentence bargained". Plead to the arresting charge for one sentence or go to trail and be foudn guilty of the arresting charge for a stiffer sentence.
It all depends on the state, if your husband plea-bargained, how brutal the murders were, and most of all how the jury saw the case. You may want to find out what the "normal" punishment is for the crimes that he was found guilty of.
This is always a 'chancy' decision. Even if the defendant and the prosecutor agree to the bargain they struck, the judge is not bound to agree with the bargained down plea. There have been instances in which judges have nullified the plea bargain and tried the defendant on the original charges.
Here are a couple.She bargained for the best price.He bargained for his life with the ruffians.
I bargained for a reduced price.The outcome was not what I bargained for when I began.
There is no minimum sentence, it is often plea bargained away but a recent conviction resulted in a 9 year sentence. Even that is light due to the nature of the perjury and what it was in regards to.
They bargained on getting a good deal. When they arrived they had not bargained on the welcome they would get.
Actually, no presentence investigation is normally ordered when a plea offer is been presented and both sides agreed to the offer. However, the judge could refuse the plea offer and send the case to trial. A presentence investigation is normally ordered after defendant has been found guilty at trial.
Civil cases can be "settled" out of court, if the parties are able to reach an agreement. Criminal cases may be plea-bargained if the defendant agrees to the conditions offered by the prosecuting attorney.
About 90 percent.