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Can I appeal a sexual assault sentence after preliminary hearing?

Pittsburgh, PA |

I have a sexual assault acusation and in the prliminary hearing I got one more charge about rape. I am not citizen. The accusation is unfair. There is no evidence. Please I need help.

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Attorney answers 6

Posted

You are constitutionally entitled to a jury trial. Retain a local experienced criminal defense attorney and fight the charges. The implications of a conviction are dramatic so you need to have the best lawyer possible.

Posted

You need to be represented by a seasoned criminal defense attorney. If you cannot afford to pay one, apply to the public defender in the county where you are charged.

Posted

You have not been convicted yet, or sentenced. So there is nothing to appeal. But you will need a lawyer to defend you at trial . Hire the best one you can afford.

The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.

Posted

There is no appeal from a preliminary hearing result. There may be other avenues to have the preliminary hearing overturned. Ask your lawyer.

Posted

You need an experienced attorney as this is extremely serious. In fact, you should probably have two. One to handle the immigration/deportation issue and another to handle the criminal law aspect. There are some that are experienced with both and that may be a good choice.

To answer your question, no it cannot be appealed since you have not been convicted. However, a Motion to Quash may be appropriate, which could dismiss charges if there is absolutely no evidence. Keep in mind, the burden is extremely low at a preliminary hearing and it is not the same burden that must be shown at trial.

This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

Posted

There is no conviction of the charges you noted at a preliminary hearing, so you would not be appealing yet. You have a right to a jury trial which comes well after the preliminary hearing. It is highly recommended to get an experienced criminal defense attorney involved as soon as possible. These are extremely serious charges and you need to take them very serious by obtaining counsel to protect your rights.

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