My brother is due to be sentenced for a sexual federal crime. He has mental and intellucual issues, how can we appeal?

My brother was found guilty of having sex with a minor on federal property. He is due to be sentenced in december they say for around 8 years. He has mental problems and his reading level is 2nd grade, he has many learning disabilitys. He is not a pedophile he loved the girl. How can we appeal this?
Answer this question Add to list

Answers (3)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
An appeal in this circumstance depends upon a lot of things, one of which is whether your brother preserved his appeal rights in the case. If so he should fully go over all details with his attorney to formulate an appeal approach. This will be difficult and your brother should not try it without the attorney.

Check with his lawyer to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
0 0
Linda Friedman Ramirez

Linda Friedman Ramirez

Contributor Level 6
Yes its important to discuss any facts, e.g. his mental problems, learning disabilities, which might bear on 18 USC 3553, with his attorney.

Your post does not suggest that you are dissatisifed with his attorney, just the fact that he was convicted. Make sure you discuss with his attorney, what might be the issues on appeal. (If he was convicted, his appeal would be to the Eleventh Circuit court of appeals in Atlanta.)

Good luck.
0 0
Carlos Gonzalez

Carlos Gonzalez Avvo Pro

Contributor Level 7
I would suggest that you should speak to his current attorney and ask whether there are any potentials for appeal, and would furthermore suggest that you further inquire as to what options you would have for free representation.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.