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A friend was wrongly cconvicted. He got 25 years for a crime he didnt commit. The original attorney doesnt handle appeals. I dont mind having to put up a retainer fee but 10,000 up front is crazy.
I cannot tell you about fees in Georgia, but in Chicago a $10,000 fee to appeal a serious felony trial conviction would be on the very modest side of normal. Unlike the situation in the trial court, where the trial comes at the end of a long preparation period and payment plans to some extent track the normal course of the attorney's work, the lion's share of the work on an appeal must be done near the beginning of the process, so appellate attorneys must ask for all, or at least a very large percentage, of the fee at the beginning or risk getting stiffed..See question
Earlier today I had a very minor collision with another car. Both vehicles were stationary, and then I slowly rolled forward and lightly bumped the front vehicle. It left a small dent. The police showed up and gave me a citation for “failure to re...
The option of pleading "no contest" suggested by out-of-state colleague is not available under Illinois law.See question
My friends who are 14 and 18 are trying to date, but they can't figure out if it's legal. The parents of the 14-year-old have given permission for them to date. Everywhere I've looked I've only found references to it being illegal for them to inga...
What they do, unfortunately, is not the only thing that matters. There is also what it looks to other people that they are doing, and worst of all there is what they say about each other . . . perhaps a couple of years from now when new love has perhaps been tainted . . . or replaced . . . by bitterness, resentment, jealousy, etc. etc.
You won't find this in the statute book. You learn it by living long enough to see how people treat each other.See question
What does a U.S. Appeals Court review when ruling on an appeal? Will the appeals court review the whole record when ruling on an appeal, i.e., will the appeals court read the briefs (motion for summary judgment and oppositions) submitted to the tr...
The court of appeals will normally have before it the entire record of proceedings below and the briefs filed by the parties. It is unlikely that the judges will actually read the entire record (if they tried to read the entire record in every case they would never have time to do anything else) but they may read those portions that are most important to the resolution of the issues on appeal. The better the briefs filed on appeal the less the judges will have to turn to the record, but it is always there to the extent that they want or need to examine it.
As for the example you give, that would be a case-by-case decision for each judge, but normally one would expect that the issues on appeal are thoroughly developed in the briefs filed on appeal, and there would usually be no need to read briefs filed at the trial court level. But they are usually included in the record and the judges can look at them if they think it necessary. Review of trial-court level briefs might be important if a question arises whether an issue was has been forfeited because it was not presented at the trial court level.See question
A case from 2003 was brought to my attention a month or so ago. The person the crime was committed against (stolen and returned vehicle) didn't want to pursue it I had spoke to him. The S.A. called me April 26th and said the "case was dismiss...
That can indeed happen. There can be various reasons and I agree with Mr. Cameron that anything we could say would be only guess and speculation. I, too, wonder whether your conversations with the complainant and the SA may have turned the case another direction, but those are only possibilities, and not the only ones. But what you should do is clear. Retain an attorney and let your attorney dig into the matter and try to resolve it for you. Do not discuss it with anybody and do not post about this matter again, here or anywhere else. Loose lips sink ships.See question
The color, year, and registration date is wrong
Unlikely. The judge will usually allow the prosecutor to amend the ticket.See question
This attorney were hired in the appeal stage and he were very ineffective. Can I file a criminal rule 32 ineffective assistance of appellate counsel?
I defer to my Alabama colleagues as to Rule 32 or any other aspect of Alabama state procedure. There is a federal constitutional right to effective assistance of counsel on direct appeal. Evitts v. Lucey. There is, however, no federal constitutional right to effective assistance of counsel in post-conviction or similar collateral review proceedings, including those on appeal. Pennsylvania v. Finley.See question