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How long does an appeal take? Are most appeals successful?

Lowell, FL |

Hello,

I would like to know about how long does an appeal take and if they're successful. Also, since I have a 20 year sentence, will I have to complete all years or will I be eligible for parole for good time? My lousy attorney hasn't been answering me even though I gave him adequate amount of money in the beginning. Any help is greatly appreciated.

Thank you,

Dippolito, D

Attorney Answers 5

Posted

Please know that appealing your criminal case to the 5th District Court of Appeals (which feeds from both your county, mine, and others) and seeing it through to conclusion could take a couple of years. There are so many variables that come into play that nobody will be able to realistically quote you an exact time frame - especially without being familiar with your particular case. If you are unhappy with your trial attorney, you should seek new counsel. There is nothing which requires you to keep your trial attorney on for any appeal(s). Whether or not he has done anything wrong, if you aren't happy with that individual, find another attorney. There are plenty to choose from.

The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a licensed and qualified attorney in your state of residence. No attorney-client relationship exists or should be construed to exist by virtue of this post.

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Posted

Thank you for answering me. Another thing, my attorney hasn't been picking up when I call him about my appeal status. That's unprofessional because I paid him enough money for it (thousands) for my case. I'm mad at him because 1) He doesn't respond to my calls 2) I lost my case because of his lousy reality tv defense. 1) I have a 20 year sentence, will I have to complete all years or will I be eligible for parole for good time? 2) What should I do if my attorney doesn't get back to me? 3) How in the world can I seek new counsel behind bars? My husband doesn't wan anything to do with me. My family could do it? Thank you.

Bryan Andrew Lober

Bryan Andrew Lober

Posted

Without knowing the specifics, I can't tell you much to a certainty. I can tell you how things generally work and that's about it. As far as prison sentences are concerned, it is usually reasonable to expect to serve about 85% of the time you were sentenced to (17 years in this case). As far as the attorney not answering your calls, I wonder if the retainer and fee agreement indicated whether he is responsible for the appeal or just for the initial matter going through trial. If he is technically no longer your attorney, while it may lousy that he doesn’t answer, he might not be obligated to do anything any longer. I would be most concerned about what you can do at this point to help yourself rather than worry about your trial attorney. It is very important to get a new attorney as soon as possible. Your ability to find one you like and are comfortable with is much higher while you are not in prison. Once you are behind bars, it will be much more difficult and you will likely have to rely on family to assist you in finding counsel.

Asker

Posted

Thank you!

Bryan Andrew Lober

Bryan Andrew Lober

Posted

You are most welcome.

Asker

Posted

Did you watch the trial Florida vs. Dalia Dippolito? He had a lousy defense! Ugh!

Asker

Posted

I must leave, no more computer time, good bye now.

Bryan Andrew Lober

Bryan Andrew Lober

Posted

Believe it or not, I didn't even watch much of the Casey Anthony trial everyone was so obsessed with. What they choose to show on TV may well be bits and pieces of a much bigger pie. If all you get is the topping, you really don't know what the crust and filling are like. :-o

Posted

An appeal typically takes 16 to 18 months however each case is different and there is no way to predict exactly how long your appeal will take. Good luck

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Thank you.

Asker

Posted

Another thing, my attorney hasn't been picking up when I call him about my appeal status. That's unprofessional because I paid him enough money for it (thousands) for my case. I'm mad at him because 1) He doesn't respond to my calls 2) I lost my case because of his lousy reality tv defense. 1) I have a 20 year sentence, will I have to complete all years or will I be eligible for parole for good time? 2) What should I do i my attorney doesn't get back to me? Thank you.

Posted

As the other attorneys said, an appeal can take years. Whether or not you are eligible for parole depends on the exact details of your sentence. Whether your attorney has an obligation to you now may depend not just on how much money you paid him, but also on what your contract with him was for- I try to be clear on my contracts whether they include appeals work or not.
You may have a bar complaint with him.
If you are indigent, which is possible if you are imprisoned for 20 years, you may qualify to have the public defender's office take your appeal. I believe the 5th circuit has a very good office just for appeals. They get a lot of appeals in the 5th.
Also, I have to be honest, since you did ask, very few appeals are successful.

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Posted

Thank you!

Posted

Are most appeals successful? No. Most appeals are unsuccessful. But a respectable percentage of them do result in some relief.

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Posted

My colleagues are correct, appeals take a very long time and the majority are unsuccessful.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

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