Amber Portwood was recently sentenced to five years in jail. Find out why an appeal seems unlikely!
Teen Mom Amber Portwood had her five year prison sentence reinstated on June 5 for failing to complete court mandated drug rehabilitation, but the question on everyone’s mind is whether the 22-year-old reality star can appeal the decision.
“She can’t just change her mind,” Maryland and Washington D.C. criminal attorney, Jeffrey Bloom, tells HollywoodLife.com exclusively. “Amber put herself at the court’s mercy by suggesting that she wanted jail instead of rehab.”
While Amber can appeal the judge’s decision if she has legitimate grounds for an appeal, Jeffrey says that it’s not an appealable issue if Amber simply has a change of heart regarding treatment.
“In some states, individuals can ask for reconsideration for an unfavorable decision, but you still needs grounds or facts,” explains Jeffrey. “It’s a possible option, but it’s a tough sell to a judge.”
Though judges often take the defendant’s children into account during sentencing, sadly that won’t be a factor for Amber as she lost custody to her baby daddy Gary Shirley last year. “Being a mom is often a factor in sentencing, however if the child is well taken care of by a guy that has his stuff together, it doesn’t weigh that heavily as a factor,” adds Jeffrey.
Amber entered rehab in February via a plea deal, but left after only three months. She was originally sentenced to three years in an Indiana prison for possessing prescription drugs without a prescription and another two years for a probation violation.
Despite her adversity to rehab, the troubled starlet will most likely undergo a prison-based drug treatment program (currently available in four Indiana prisons). The program prepares offenders for successful and sober re-entry into the community, according to the Indiana Department of Corrections website.
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