Skip to main content

If you were sentenced to prison for 25 years to life for second degree murder, Who would you hire to appeal your case?

New York, NY |

The attorney went for insanity defense; I told him it was the wrong way to go but he's the lawyer and I'm not, and what do I know anyway?
Then I told the lawyer to have the confession thrown out because the defendant who is from Portugal had a Brazilian interpreter and not someone who spoke his native language. The attorney said, the confession was actually going to help the case therefore it stays; in the end the confession was the very thing that convicted the defendant of second degree murder.
I have pleaded with his attorney that the victim in this case was a well known convicted pedophile in Portugal, he had a thing for young boys. He didn't pay attention to that either. Now this young man sits in prison and I have less than 16 days to find a fantastic appellate lawyer. HELP

Attorney Answers 5

Posted

I do criminal appeals but you don't give enough information. Did the attorney ask for a Huntley hearing to try and suppress the statement? At the very least the attorney would have gotten to question the detective so there is no reason not to do it. What do you mean you only have 16 days? I hope you mean to file a Notice of Appeal and not perfect the appeal. Filing a Notice of Appeal is easy and should be done by the trial lawyer. If the time to perfect is running out a motion to extend the time can be filed and usually will be granted because the Court wants appeals decided on the merits.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Mark as helpful

10 lawyers agree

2 comments

Asker

Posted

Honestly if he asked for a Huntley hearing, he wouldn't tell me; this case is serious joke. This young man was sentenced on December 21, 2012. I was told he has 30 days to file a notice of appeal. I'm trying to help the mother who does not speak english find an experience appellate lawyer.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

As I said, the trial lawyer should file the Notice of Appeal. It is a simple document. If the mother has the menas to hire an appellate lawyer (and it can be expensive) feel free to email me: Eric@RothsteinLawNY.com

Posted

Avvo is not a good Classifieds Ads site--recommend you use the avvo.com find a lawyer option or contact your state bar association and request a referral (or contact Attorney Rothstein).

FYI, on the Spartan facts you provided, there is no way to tell if there are sufficient grounds to mount an appeal, or if there is a chance of winning such an appeal.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Mark as helpful

7 lawyers agree

2 comments

Asker

Posted

Thank you for your input, I do understand Avoo is not a classified ad. I'm just a stranger trying to help another stranger, this is not for me or for a family member. If I have to beg for help in order to help another human being, I will do so. And yes you are correct, the information I provided is not sufficient enough to mount an appeal. Also I'm very aware winning an appeal is extremely difficult. No one really knows until a good appellate lawyer reads the case.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

its possible the lawyer you want won't see your post--ever. That is why avvo isn't good ROI when you are in the hunt for a lawyer. Attorney Rothstein is a frequent contributor to avvo, he is experienced and he knows the NY courts. The young man in jail consider contacting him. FWIW, appellate attorneys require significant retainers -unless there is some considerable miscarriage of justice, a law that can be changed, or a political question that might be highlighted, cash is going to play a large role in finding representation. Many law schools will take up the cases where money is short and justice has not been served--with teams of students supervised by an attorney.

Posted

It's quite obvious what high profile case you are speaking about...which all the more reason for you to take your search for an appellate lawyer OFF THE INTERNET now.
Also, Brazilians speak Portuguese, do they not?
Your best bet is to ask around, go by word of mouth, or look up some successful criminal appellate specialists. That would be a purposeful way to use the internet.
Otherwise, you are just fishing around. The suggestions to ask bar associations may be a good one as well.
Good luck

Law Office Of Michael Marley
Phone 917 853 4484

Mark as helpful

6 lawyers agree

3 comments

Michael Lewis Marley

Michael Lewis Marley

Posted

Please do not post any more details about the case/trial here as it does not help the situation. You don't know who might be perusing this...

Asker

Posted

Thanks I got it, but I'm not afraid of the truth or anyone for that matter. However I will follow your advice and will request Avoo to remove my question.

Michael Lewis Marley

Michael Lewis Marley

Posted

Just friendly advice, why show your "cards" to the other players in a poker game? Just sayin'

Posted

There may be grounds for an appeal, but not necessarily based on anything that you mentioned. One reporter is on record of noting three or four sleeping jurors during the trial -http://gaycitynews.com/second-degree-murder-conviction-for-renato-seabra-in-grisly-carlos-castro-slay/

You don't indicate if you are looking for a free Appellate Lawyer, which might be tricky, but I'm sure that if you are willing to pay, you can find one to handle the appeal.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Mark as helpful

6 lawyers agree

Posted

You need a good appellate lawyer to get the entire record and review it for grounds, file an immediate notice of appeal as the deadline is very quick, and draft a killer brief to argue in appeals court.

Sounds like there were errors in the use of the statement not being suppressed or at least attempted to be suppressed and the interpreter issue. Was the defendant a citizen or non-citizen? If so that might be another issue.

THE ESTRELLA LAW FIRM, P.C.
“LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE”

Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

Mark as helpful

5 lawyers agree

Violent crime topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics