In an appeal and your 4 amendment rights has been violated, how do you go about handling it ?

Asked 12 months ago - Newport News, VA

The lawyer did not use it for the defense.

Attorney answers (3)

  1. Kevin Reese Pettrey

    Contributor Level 16

    7

    Lawyers agree

    Answered . You need to have a private consultation with an attorney experienced in criminal defense and appeals. Generally speaking, if an issue is not raised at trial then it cannot be reviewed on appeal. You need to get the transcript from the proceedings and have an attorney review it.

    For more information on me, go to www.kevinpettrey.com. Please remember that if you find an answer particularly... more
  2. Brenton Daniel Vincenzes

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . Well, how you go about an appeal depends on the court where the original case was heard. If it was a misdemeanor in district court, then you can appeal within 10 days to the circuit court. This allows you to have a new trial. If you waited too long, you could ask a lawyer to help you with a motion to reopen, but it is better in most cases to pursue the appeal, if possible. If the case was in circuit court to begin with, you will need to appeal to a higher court. Ask an experienced criminal defense lawyer.

    This is not legal advice: it is intended to be used for general informational or educational purposes only. For a... more
  3. Jeffrey Lewis

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . Consider speaking with a local appellate attorney about: 1) whether you and "standing" to asset the fourth amendment violation; and 2) whether the attorney's failure to "use it for the defense" constitutes ineffective assistance of counsel at trial. Good luck.

    Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client... more

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