my best friend just got sentenced to a year in prison because his stupid public attorney did nothing to help him...she just sat there and let the judge make his decision, didn't even defend him. i wanted to know if we could appeal it after that sentence or if there is anything i can do to help him.
2007-07-06 05:06:09 · 17 answers · asked by Peden47 1 in Politics & Government ➔ Law & Ethics
An appeal must meet certain requirements and there is a time period within which it must be filed.
You will need an appellate attorney to review the facts of the case. It could be your friend had no defense?
It won't be cheap. If he had a public attorney I'm guessing he couldn't afford one, so here's a list of free legal services by state if you REALLY think he has a case:
http://www.ptla.org/links/services.htm
2007-07-06 05:12:18 · answer #1 · answered by pepper 7 · 1⤊ 0⤋
If your friend plead guilty, then probably he cannot appeal.
If not, then an appeal based upon "ineffective assistance of counsel" may be appropriate.
Normally there is a time limit for filing an appeal so you should have your friend act promptly. I think 30 days is the norm for a timely appeal, but you would need to check your state's rules of appellate procedure...or call the court clerk and ask.
Needless to say, an attorney would be the smart way to go if at all possible.
2007-07-06 05:15:47 · answer #2 · answered by Wyoming Rider 6 · 0⤊ 0⤋
Yeah if your friend is dissatisfied with the sentence, which he is, he can appeal "The severity of the sentence". He won't have anything to lose by doing this, worse case outcome will be that his sentence will remain the same or he will get a much lower sentence, It's worth a try! Good Luck!
2007-07-06 05:15:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, it is called a Strickland ineffective assistance of counsel challenge, but it is a really hard argument to make if the atty was awake during the proceeding. You would have to prove that there was no reason whatsoever for the atty's actions. If your friend was guilty and the atty knows that the judge typically sentences lighter if the defense doesn't contest then the PD was not ineffective.
2007-07-06 07:06:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, the appeals process continues, even after he's gone to jail.
The question is: Was he guilty? I mean REALLY guilty? Evidence against him etc? This may be why the PD did nothing becaues their credibility in the courtroom is held by the understanding of what is placed in evidence and what is just "hearsay"...
2007-07-06 05:14:28 · answer #5 · answered by Marvinator 7 · 0⤊ 0⤋
yes! you can look into an immediate appeal, especially if you had poor lawuers representing you! i would file an immediate appeal and claim poor representation of the public attorneys on her part!
2007-07-06 05:09:33 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Appeals are typically post-sentencing. You'll have to find a lawyer that thinks there was misconduct in the trial - good luck with that.
2007-07-06 05:52:46 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Can always appeal if you have grounds; but need to get a better atty if you hope for a different result
2007-07-06 05:08:32 · answer #8 · answered by wizjp 7 · 0⤊ 0⤋
Yes your friend has the right to appeal.
I doubt however that he was sentenced to a year because of his attorney but rather because of what he did that was illegal.
2007-07-06 05:08:28 · answer #9 · answered by chickey_soup 6 · 0⤊ 0⤋
Appealing is a standard conviction protocol. File an appeal.
2007-07-06 05:09:36 · answer #10 · answered by leesa 4 · 1⤊ 1⤋