I have a mental disorder and i would like to file an appeal and becouse of my mental disorder do i still have time?

Asked about 2 years ago - Corona, NY

I had a lawyer that wanted more money which i did not have so he told me to take a deal that I could not understand becouse of my mental disoder.I did not do this crime and i wanted to go to trial.So did not think it was fair want an appeal

Attorney answers (4)

  1. Jay K Goldberg

    Contributor Level 16

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    Answered . This is a very complex issue and you have not provided enough information. The first issue is how long ago did you take the plea? Next, can you make a motion to vacate the plea? Next, is the mental disorder a sufficient basis to move to vacate? These and other issues cannot be answered on line. You need to hire an attorney to look into the entire problem.

  2. Benjamin J Lieberman

    Contributor Level 20

    2

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    Answered . If you cannot afford an attorney the court will appoint an attorney for you to handle the appeal. You may also consider a motion to vacate the plea. You should understand, however, that these would be extremely difficult. In order to vacate a plea or be successful on such an appeal you must be able to demonstrate that the plea was either unknowing or involuntary or that you did not have effective assistance of counsel. t the time you took the plea the judge probably asked you several questions to insure that you understood the consequences of what you were doing. If you do indeed have a mental disorder make certain to bring your medical records to the attorney. It should help. Good luck.

  3. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . There are time limits to file an appeal but there are exceptions.
    Consult an appellate attorney immediately so as to waste no time.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Mark M Cheser

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Lieberman. You must make your condition known to you attorney. More information is needed to determine the time constraints involved. Act quickly.

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