Can you withdraw a guilty plea when you go to a pre-sentencing interview?

You need to request directly to the judge that you be allowed to withdraw your plea. Often judges will find reasons why they do not want you to be...

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How my appeals cases have you done with success?

Who are you addressing this question to? Each case is dependent on the facts. You might want to ask instead, "how many times were you successful...

How can I reopen a 43 yr old case?

A case can be reopened, this long after the conviction, in what is normally referred to as a 6500 motion. This is raised in the trial court of the...

How serious do the appellate courts take capacity/competency claims upon appeal?

The Court of Appeals will take your issue seriously if you have sufficient proof to back your position. Yes, you can raise a Brady issue in a...

How long can you be held in jail after a trail when you have not been convicted

Normally a defendant will be held for not more than 8 weeks before sentencing. If he is likely to not receive a sentence that is longer than the...

Can you be convicted of a felony solely based off a statement ? Can you get that statement dismissed?

His attorney should have challenged the legality of the statement BEFORE trial, if there were grounds to challenge it. An appeals attorney can...

Can you get your case dismissed if you have not been sentenced but you have had a trial that states if your guilty or not?

He needs to have an attorney file an appeal of his conviction. If the evidence at trial was insufficient, the appellate court will dismiss the...

How do I withdraw my plea ?

Your attorney will file a motion in the same court if you have not been sentenced yet. If after sentencing, you have 6 months to raise the issue...

What is meant by notice ofr right of appealate review and request for appt of atty?

This is the name of the form that they give a defendant at the end of his case in the trial court, which he must fill out and return to the court...

Court files have been destroyed Criminal case

If the file is lost, and you have proof to support your appellate issue, the burden may then fall to the prosecutor who may then be the one at a...