My brother went to trial for conspiracy and intent to distribute a controlled substance and was convicted. can we appeal?

Asked over 1 year ago - Austin, TX

he was never caught with anything , they did search his HM n didn't find nothing relevant to drugs . there are a few phone calls amongst other people talking about him regarding drugs . this is his first offense .

Attorney answers (5)

  1. Christopher Scott Mcham

    Contributor Level 12

    10

    Lawyers agree

    Answered . You can always appeal as long as the deadlines haven't passed. He needs to speak to his attorney about filing a motion appealing the conviction as soon as possible.

    I strongly recommend a criminal defense lawyer who has experience with criminal appeals. Trials and appeals are very different things.

  2. Katherine Ellen Shipman

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . The appellate timelines are strict, and if they aren't followed, your brother may lose his right to appeal. Typically, it is the trial attorney's responsibility to file a notice of appeal. If your brother had a court appointed attorney and was sentenced to prison after his conviction, then he is likely eligible for a court appointed attorney on appeal. Remember, however, that there is a big difference between an appeal being filed, and a case being overturned on appeal. If you can afford to hire appellate counsel, you should look for a criminal defense attorney whose practice includes appeals. Many criminal defense lawyers do not regularly write appeals as part of their practice.

    Katherine Shipman's response to your question is for general information purposes only. Nothing in this response... more
  3. Richard Timothy Jones

    Contributor Level 17

    10

    Lawyers agree

    Answered . A trial can always be appealed if the appeal is filed within the appropriate time limits. Appeals however rarely succeed and be wary of a lawyer who promises too much.
    www.austincriminaldefenseattorney.com
    Austin Jail Release and Bond Assistance
    Federal Criminal Defense
    512-495-1813

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  4. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Of course you can. Contact an appellate attorney in your area to review the case for grounds for appeal.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  5. Joshua Sachs

    Contributor Level 19

    6

    Lawyers agree

    Answered . He can appeal. You can't because you are not a party to the case. He will, of course, have to file a notice of appeal within the time required by law. If this is a federal case his notice of appeal is due not later than fourteen days from the time his sentence is entered on the docket of the district court, unless your local circuit rules make some other provision. If your brother cannot afford an attorney the federal court will appoint appellate counsel for him.

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