and trafficking in cocaine. They have never been in trouble before, when they were arrested there was no evidence on these charges, there was only a warrant issued for all the charges based on connection with someone elses case.
My question is this, they are currently serving a 25 year sentence for these charges, because they refused the plea deal and the judge gave a much harsher sentence. 5 years have passed, upon going over all the court documents, they have found that the original charge of conspiracy was not a conviction although that was the states defense at trial.
If the defendent was never found with any drugs, drug money, there were no phone recordings of any type the only evidence is video of a mans hand handing off something to the infomant.
What are options to pursue?
they want to appeal the sentence for non existing charge and/or wrongful conviciton... do you have any advice on this?
Criminal Defense Attorney
It's not clear what you mean by the conspiracy was not a conviction although that was the states defense at trial.
If you are saying that the state incorrectly argued that he had been convicted of that or of a felony, then that would be a basis to appeal. Also, if the state incorrectly argued this as a rebuttal / impeachment to something that the defendant testified to, that would be a basis to appeal.
Your main problem may be the amount of time that has passed. You are generally required to appeal within a certain amount of time, which has elapsed.
2 lawyers agree
"they want to appeal the sentence for non existing charge and/or wrongful conviciton... do you have any advice on this?"
Yes. THEY should discuss the possibility of an appeal with their original attorney to see if they are outside applicable appeal periods and whether any substantive errors can be shown to warrant the appeal.
The foregoing is for general information purposes and does not establish an attorney-client relationship.