Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

The importance of the criminal appeals process

Last year, the nation was shocked to learn of the serious allegations leveled against the man who was the face of Subway restaurants. In 2015, law enforcement agencies investigated Jared Fogle and subsequently charged him with a range of sex crimes, including possession of child pornography and traveling across state lines to engage in commercial sex with a minor.

Fogle cooperated with authorities, took a plea deal and was sentenced about six months ago. Recently, however, Fogle and his attorneys have decided to appeal his nearly 16-year prison sentence, based on a number of factors that they believe were not given due consideration.

In response to Jared Fogle's guilty plea, prosecutors recommended a sentence of 12.5 years. But the judge exceeded that recommendation by sentencing Fogle to 15 years, 8 months in prison. Fogle's attorneys have argued that the sentence was unreasonable in light of several factors, including the fact that Fogle took responsibility for his actions, admitted his guilt, showed remorse and sought treatment

News articles about the appeal also list counterarguments made by those who believe that Fogle's sentence is appropriate and should not be shortened. Because we had no direct connection to this case, it is not worth debating the merits of either side's arguments - there is simply too much information that cannot be known from an outsider's perspective.

But this high-profile case does highlight some aspects of the appeals process worth noting. First of all, this case shows that even when a person takes a plea deal and admits culpability, there are no guarantees when it comes to sentencing. Judges often heed the recommendations of prosecutors, but not always.

Second, it shows that reasonable people can disagree on what constitutes a reasonable sentence in any given case. And because judges sometimes face sentencing considerations beyond the details of the crime (the defendant's celebrity status, for instance), they don't always issue an unbiased and fair sentence.

Finally, it is a reminder that a case doesn't always end with a conviction. Appealing a conviction or sentence is important if you believe that mistakes were made or that you did not receive a fair trial. A dedicated criminal defense attorney will be ready to continue fighting on your behalf through all levels of post-conviction motions, if necessary.

To learn more about how our firm approaches the appeals process, feel free to visit the violent crime appeals page on our website.

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. Johnny From Astoria

    "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved...

    - GREAT JOB MR. DiDIO!”
  3. Frank from South Jamaica

    “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove...

    - GREAT JOB MR. DiDIO!”
  4. Lamar from Brooklyn

    “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from...

    - GREAT JOB MR. DiDIO!”
  5. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  6. Kenny From Jamaica Queens

    “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me...

    - GREAT JOB MR. DiDIO!”
  7. Christian from Long Island

    "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to...

    - GREAT JOB MR. DiDIO!”
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map