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Will an appeal be granted to someone found guilty of aggravated sexual assault of a minor and how soon?
Brownsville, TX
Viewed 66 times.
Posted 6 months ago in Criminal Defense
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The accuser was 12 the defendant was 62. He was found guilty of one count of agg. sexual assault. The judge did not allow testimonial evidence, specificallly the testimony of the co-defendant (the accusers own mother) because she had been deported to Mexico before the trial! The Child Protective Services statement was not admitted as evidence as well . Also, the defendant did not take the stand. Overall this did not seem like a fair trial.
Answers (2)Jordan Elliott Lewis
This attorney is licensed in Texas.
Posted 6 months ago.
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He does have a right to appeal, but he must file his notice of appeal with the trial court within 30 days of the entry of judgment, or within 90 days if he files a motion for new trial. Whether his attorney was appointed or retained (paid by defendant), filing this notice is the trial lawyer's responsibility. Make sure he does this, or the defendant will lose this right.
Whether the appellate court will rule in his favor is another question. It's hard to say without knowing everything that happened. There are a lot of variables, but if the defendant is indigent, he has the right to have a lawyer appointed to handle his first appeal. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 6 months ago.
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You have to have the person that is the defendant seek legal advise. Acting as a go between for someone else is a dangerous way to seek legal advice for that someone. An attorney client relationship between the defendant as client and attorney who represents the client is the best method and the one I suggest, here.
You should have the someone you are talking about get an attorney licensed in TX. I am in Chicago and do not practice in TX. Good luck. 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 in your state that practices in the subject practice discipline and with whom you have an atttorney 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.
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