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After a sentence how long does an appeal take?

San Antonio, TX |

My husband got sentenced to 30 years prison for a agg robbery. of course we do not agree with the decision so he is appealing. we also would like information about talking this to a bigger court because my husband is certain his rights were violated and evidence in the d.a hands in his favor was destroyed before his trial. There is a lot more to this story but too much to write. i would appreciate any help as we find ourselves alone in this matter you may contact me at 210-712-3401

Attorney Answers 4

  1. If he had assigned counsel at trial, he still qualifies for assigned counsel on appeal. Contact the Federal Defender in your area. The time to file a notice of appeal is short--don't delay.

    A post-trial appeal will take months, at the least. The transcript has to be prepared and reviewed, along with all the papers in the case. No quick fix.

    Most criminal convictions are affirmed. Don't get your hopes up here.

    I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.

  2. He should have an attorney appointed on his appeal. You can ask the court who that is so you can communicate with her directly.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.

  3. You should appeal. You should also discuss this at length with his attorney who knows more about the evidence than we do - even on the phone. Work with that attorney on any items of appeal first then focus on a 2255 motion if it is available.

  4. It is not clear from your question whether this case is in state court or federal court. Either way, the appeal must be initiated by filing a notice of appeal within the time required by law, which is probably a very short period. Trial counsel is required to file the notice of appeal if the defendant so requests. After that, appellate counsel (who can be the same attorney who handled the trial but often is not) takes over. If your husband was represented by appointed counsel at trial he should be entitled to appointment of counsel on appeal. Otherwise, you would have to hire an attorney, because an appeal is absolutely not something to be attempted pro se if there is any alternative at all. In my experience a criminal appeal general takes from one to two years from the filing of the notice of appeal through decision by the initial appellate court, but that varies from case to case and from court to court.

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