we paid 8,000 to a lawyer who did nthing for us, my husband got 4 years in idoc for driveing on a revoked and he wasnt even driven. the judge we had has been in troubal for dui in her past, the lawyer would not appel the verdit for us he didnt do any thing i was told to take it to the supream court. what do i do???
2007-10-19 17:34:31 · 5 answers · asked by hatkinson1974@sbcglobal.net 1 in Politics & Government ➔ Law & Ethics
Most people who do not get the result they want say "the lawyer did nothing for us" or some such. The fact is, lawyers actually DO work on these cases. Sometimes they lose. Sometimes they win. And just about everytime winning or losing is tied to the merits of the case, factually and legally. So the idea that the attorney did "nothing" is probably not accurate.
As for whether your husband was driving or not, "driving" is defined differently from state to state, but the fact is, in most states the car doesnt even have to be turned on for a person to be "driving" it. I know, that sounds ridiculous. Again, the definition of driving can vary, but if the person has control of the keys and access to the car, he can be convicted of driving under the influence, without a license...it depends on the circumstances. I dont know the facts or the law in your state, but I'm going to guess that the conviction some merit.
An appeal is not including in trial defense. It is an entirely different procedure. Often, attorneys who are trial attorneys do not write appeals. They are time consuming and require specialized skills. Most appeals are based upon issues of law, not fact. There are many intricate issues in an appeal. As someone mentioned, there are strict procedures to follow...right down to the choice of font and print size believe it or not...and you do not get a break for not knowing the format and procedure. There is a specific timeframe to give notice of appeal, file the appeal and meet evidentiary guidelines. This is NOT something you should do on your own.
Before you get to the Supreme Court, (assuming your lower Court appeal has merit) you have to appeal to intermediay Courts, including your State's own Supreme Court. There may be two levels of appeal in your state which may need to be exhausted before you can even THINK of going to the US Supreme Court. In order to have the Supreme Court accept your appeal, there must be a timely issue that resolve an important question. More than likely, such an issue is not involved in your husband's case.
Since this is a criminal matter, you may be able to have a public defender appointed to prepare the appeal. Your ability to pay will be an issue. As will the question of whether your notice of appeal is timely.
Sorry. I cant really give you specifics for a number of reasons. The least of which is that I cant represent someone online. I'd ask your former attorney what the procedure is in your state to file an appeal and if you would qualify for a public defender. He or she should at least get you to that point.
Oh, and please. Whatever you do. Dont try to use the judge's possible DUI as a defense of some kind. You are just asking for trouble there.
Anyway, good luck. I wish I could have been more helpful.
2007-10-19 18:23:32 · answer #1 · answered by Toodeemo 7 · 0⤊ 0⤋
You cannot just take a case to the US Supreme Court --- it doesn't work that way.
You have to appeal to the next higher court above the trial court -- which may be a state appellate court (an intermediate level) or the state supreme court (in small states, with no intermediate level) -- and you usually only have a short time to do it -- 60 to 90 days to file the appeal.
The process of the appeal itself is complex -- and requires very specific procedural formalities -- as well as a thorough understanding of the legal issues and how to argue them -- it's not just a letter someone can write.
There may be various grounds for appeal -- including possibly ineffective assistance of counsel -- but you need to find a lawyer who can handle the appeal, and get it done quickly (if it's not already too late).
2007-10-19 17:51:39 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
Coragryph's advise is correct.
I would like to add that if you miss the appeals deadline, you do have a recourse in filing a Writ of Habeas Corpus.
http://www.lectlaw.com/def/h001.htm
It may not be too late to seek an attorney for this recourse.
Good luck!
2007-10-19 18:41:17 · answer #3 · answered by MenifeeManiac 7 · 0⤊ 1⤋
sounds like the judge we have , where you at? lol,lol anyway did you/anybody go to court with him and tell them he wasnt driving? did he have any proof at all? who got him? highway patrol, or county cop? were they there aganist him ? if you think $8,000 was high then sup. court lawyers runs about 100 + hour....
2007-10-19 17:49:24 · answer #4 · answered by joes_mom86 5 · 0⤊ 0⤋
Get a new lawyer
2007-10-19 17:37:59 · answer #5 · answered by legaleagle_45 2 · 1⤊ 0⤋