how to have a court case appealed when you know the lawyer did not make motions or object to things being said in the hearing and now the person is in jail longer then he should be. The case was in kentucky and I am in another state.
2006-12-27 11:39:03 · 5 answers · asked by hatlock 1 in Politics & Government ➔ Law & Ethics
You'll need to hire another lawyer to appeal the conviction. If your brother's original lawyer's action was so ineffective, your brother could then petition for a new trial based on the original lawyer's action.
I've seen good and bad lawyers and they have ranged from court appointed to highly paid ones. It's not fair to judge lawyers like that, what really matters is does your lawyer care enough about the law and your case to make it their own.
2006-12-27 11:46:36 · answer #1 · answered by El_Nimo 3 · 0⤊ 0⤋
Hire another lawyer. That is what you get when you get a court appointed lawyer. He's just there picking up fees on court appointed cases. Some spend a total of 5 minutes with the accuses. How good can they be?
Go to any court any morning and just listen to the cases being heard and what these guys have to say. It is an education worth learning.
2006-12-27 11:43:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you were not there, you don't know that the lawyer did not do what he should have done. That said, YOU can't appeal anything because you are not a party to the case. If your brother believes he has grounds for an appeal, he should consult a new attorney. Feel free to help pay for one.
2006-12-27 13:17:32 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
You need top get your brother another lawyer right away. If he can appeal and get the sentence or conviction overturned, then he can either make a plea deal for a shorter sentence or go to trial again. You can not do it for him though. The most you can do is to actually hire the lawyer for him.
2006-12-27 11:49:20 · answer #4 · answered by nana4dakids 7 · 0⤊ 0⤋
In short response to the first answer: who says that this attorney was court appointed? Moreover, many court appointed attorneys, especially where there is a strong and effective Public Defender, are excellent.
In answer to the question: you cannot appeal on somebody else's behalf. If your brother wants to appeal, then he should do so. Most states will appoint an attorney to represent him on appeal if he cannot afford one.
2006-12-27 11:46:35 · answer #5 · answered by Anonymous · 1⤊ 0⤋