My appeals said the decision will be affirmed and benefits will remain the same. Does this mean I lost the appeals?
If you think about whan an appeal is, it's a challenge to a ruling or order or verdict in a lower court. In essence, you're asking a higher court to overturn or reverse that lower court's order. So when the appellate court states that the decision will be "affirmed," it is rejecting your request to overturn that lower court's order. So the lower court's order remains in tact.See question
An appeal has been filed on a felony charge. Trial lawyer has since been suspeneded two weeks after trial from practicing law. Appeal lawyer says "your trial lawyer has to be present during the appeal" What happens if lawyer is uncooperative, ha...
The notion that "your trial lawyer has to be present during the appeal" is incorrect. An appeal is based on what is already contained within the record (i.e the reporter's transcript and clerk's transcript.) Your trial attorney has no input into the appeal. Therefore, whether he's been suspended or is available is of no import to the appeal. Now, as an appellate attorney, I find it helpful to talk to the attorney who handled the trial to give me background into the case and to answer any questions I migth have that are not apparent from the record itself. But it's not necesssary.See question
She was sentenced to 6 years in state prison for possesion of 1/2 gram of dope. We need to appeal her sentence. There are many extenuating circumstances that I can not discuss online
You don't need a pro bono attorney. If you're unable to afford an appellate attorney of your own, you are entitled to have one appointed for you. In California, there are various non-profit organizations called "projects," which are tasked with appointing attorneys for defendant's unable to afford appellate attorneys. Orange County falls within the jurisdiction fo the Fourth District Court of Appeal, which means the "project" you should contact is called Appellate Defenders Incorporated. If you look them up on-line, you will find their website, which will list their contact information.See question
The situation was the attorney provided no legal defense. The attorney fell asleep during the trial. 3 jurors also feel asleep several times during the trial. The prosecutor stated evidence as being fact with out any support witness or expert to t...
In most states, appeal deadlines are the first to approach, which is why they generally occur first. For instance, in federal cases, a defendant has only 10 days to file a notice of appeal. Now, the appellate process itself generally takes a year or so. However, that initial notice deadline is very quick. So in most jurisdictions you're going to be doing the appeal right after the conviction. As far as post-conviction petitions are concerned, that varies. I know in federal cases, the federal courts prefer you do your appeal first and then pursue a post-conviction petition. Here in California, I've seen it done both ways. That is a post-conviction petition can be pursued at the same time as an appeal or can be done afterwards.See question
I lost my case in trial by jury. The jury just didnt understand the details and was lazy in coming up with the decision. The defendant also made a pageantry. Post-trial motions were lost, proposed judgement soon to be signed.
My understanding is contingency fees are not allowed in criminal cases. Period.See question
i have not received copies from attorney and I need to go through them with a fine toothpick as well as her but have not received anything and original appeal date was 4/23 but was extended to 06/22 so I need that date extended because my son is i...
To answer your question, first of all it's important to point out that there is no such thing as an "opening statement." I'm guessing what you're asking about is an extension of time to file an "opening brief." If that's the case, then you would need to file a request for extension in writing explaining your reasons for why you need an extension. Here, in California, the appellate courts are liberal about granting first and second extensions. It's when you start asking for a third extension that the court will require a more detailed reason as to why you're asking for it. With all this being said, I'm not sure the court would consider the need for your son to read the documents as legitimate reason for an extension of time request. Generally, when a defendant is represented by counsel, the only thing that concerns the court is whether the attorney has enough time to prepare, not so much the defendant himself.See question
My boyfriend's public defender told him if he pleas guilty he will receive 20 years. He then said if he takes it to trial he will receive 30 years. We asked him about an appeal and he said if he pleads guilty and takes the 20 years he cannot go b...
The answer is depends. Often times in federal cases, the plea agreement will contain an appeal-waiver clause, which means you can't appeal if you receive a certain sentence. So your boyfriend's right to appeal will depend on the existence of an appeal-waiver clause in the plea agreement and the scope of that clause. If he is not limited by any such clause, then he would have the right to appeal certain aspects of his sentence. However, keep in mind that he would not be able to challenge his plea itself in the appeal. If he wanted to do that, he would have to allege that his plea attorney was ineffective in advising him about the plea and this would have to be raised in what is called a "2255" petition.See question
if your case has been denied by the appeals court. What is the next step
In some criminal cases, you may be able to file either a state habeas corpus petition or a federal habeas corpus petition. Unlike an appeal, which is limited to matters that are contained within the record on appeal, a state habeas corpus petition (or post-conviction petition) is based on evidence or information that was not part of the trial. A good example is if there is a new witness who could've exonerated the defendant, but was not known about at the time of trial. A federal habeas corpus petition takes all federal issues raised in the state courts and presents them to the federal courts. If the federal courts believe that the defendant's constitutional rights were violated, they have the power to reverse the defendant's conviction.See question
I just need to know how would I go about finding an attorney just to file a 2255 motions. I know alot of lawyers wont touch a case that has been sentenced.
The answer is yes. In fact, I would recommend that you hire an attorney who just handles post-conviction matters. The process and rules involving appeals, 2255 petitions, habeas corpus petitions and other post-conviction matters are very, very different from those governing criminal trial work. It is important that you hire an attorney who has mastered post-conviction work. While criminal trial attorneys may know how to represent a client during his criminal trial, they don't necessarily know how to navigate through an appeal or other post-conviction petition. In fact, in my experience, most don't. So bottom line - get an attorney who just handles post-conviction matters.See question