my fiance was convicted of a drug charge in 2006. he was absent from trial and other then heresay from a C.I. there was no audio or video evidence against him. The charge was brought against him almost 2 years after they state the crime was committed. The C.I. also never filed a formal affidavit to the state attorney before the charges were brought against him. What is the avenue to take in this matter?
He was actually late for the trial and was not allowed in. The judge allowed the trial to continue the public defender (pretender) objected but wasnt convincing. The public defender has lied in documents that have been requested by the state attorney. There was never a plea deal discussed with him although the state had presentd one to the public defender. This was his first drug charge and was sentenced to 20 years in prison. There are my habitual drug offenders that are going and coming and not getting a fraction of the time that he was sentenced to. His score for prison only equalled 36 months. he has been gone for almost 3 years and the first appeal was denied. We have filed a 3850 motion and are now awaiting a response. Should I obtain a lawyer or continue with the motion as we have filed it? We did obtain an attorney but all he did was show up for sentencing and take our money. He was of no help and offered no assistance in appealing the verdict at all. Save
Your answer leaves out a lot of important information. First off, he was absent from trial? What does that mean? Did he refuse to go to the courtroom? Did he abscond the jurisdiction? Was he represented by an attorney? Unfortunately, if a trial goes ahead because he decided not to go and his attorney didn't object to hearsay or preserve the record for appeal. Please provide more information.