Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
En Español
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. We understand the pain, stress, inconvenience and financial turmoil that can result when you are suffering from a personal injury.

  3. Intellectual property law is complex — if you have an idea you should consult with an experienced attorney before making any decisions.

  4. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  5. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  6. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  7. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

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