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procedure for appealing a felony marijuana cultivation charge
Mount Vernon, OH
Viewed 231 times.
Posted 11 months ago in Criminal Defense
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drug convictions:
what are the chances of someone convicted a second time of felony marijuana cultivaton getting an appeal?
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Answers (2)Donald Michael Gallick
This attorney is licensed in Ohio.
Posted 9 months ago.
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It's impossible to give a precise answer to this question. It's like asking "What are the chances my basketball team will win the championship?" Any attorney who guarantees a victory should raise questions in your mind.
Criminal appeals can often hinge on things that clients do not understand: speedy trial time, defects in indictments, undisclosed immunity agreements with witnesses, violations of the rules of evidence, etc. The most important thing a criminal defendant can do who wants an appeal, is to move quickly. As a general rule, Ohio appellate procedure requires a defendant to file an appeal within 30 days of the conviction. There are exceptions though, and in extraordinary cases, you can file a "delayed appeal" beyond the 30 day window. This sometimes is permitted when an attorney doesn't tell the client that they can appeal, or the defendant never received notice of the ruling, etc. Michael Hassen
This attorney is licensed in California.
Posted 8 months ago.
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I agree with Mr. Gallick. You will of course be able to file an appeal, but whether you will prevail on that appeal cannot be predicted, particularly given that you have not provided any facts surrounding the conviction.
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