Do I need to contact a lawyer or can I use a paralegal?

Asked about 1 year ago - New Albany, MS

My child was convicted of Simple Robbery in 2011..was given 10yrs the court suspended five and gave five and have completed nineteen months ..My research tells me that his attorney should have offered my child " Judicial Diversion". Im now wanting a " motion of Discovery".. motion for a incompetent counseling..and a motion to Over Turn Sentencing...He is 21yrs of age.

Attorney answers (4)

  1. Anders Ferrington

    Contributor Level 16

    2

    Lawyers agree

    Answered . If you use a paralegal to render opinions and do legal research and motions, you are having them commit the crime of practicing law without a license. If you are wishing an appeal for ineffective assistance of counsel, hire an attorney that does appellate work that can advise you on possibilities and effective strategies.

    The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice,... more
  2. Kevin Thomas Stewart

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . A paralegal cannot practice law, their main focus is to assist a licensed attorney in their legal work. A paralegal may know what needs to be done and explain your legal options and how to do it based upon their past experience; however, they are not legally permitted to give legal advice nor appear on your behalf. Further, based upon the question, if this is the advice you received from the paralegal, it is a prime example as to why they are not licensed to practice law. The motions you outline are either untimely, do not exist, or not legally based. You need to contact an attorney to further discuss this matter.

  3. William Paul Starks II

    Contributor Level 8

    Answered . You should consult with an attorney, not a paralegal. As everyone else has stated, a paralegal cannot give you legal advice without committing a crime. Second, it your child has already been convicted, he should have already received a copy of his discovery (or his attorney) if it was requested at that time. It is too late to request it now. Your option is now to file a Petition for Post Conviction Relief, but you need to obtain an attorney to further discuss whether such a claim has merit or not.

    William Starks answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  4. Stacy E Pepper

    Pro

    Contributor Level 13

    Answered . Paralegals are not attorneys! This is becoming a growing problem, and illegal. If a paralegal offers you legal advice, don't walk away - run!

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more

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