I need to appeal a case, that was back in 2010 to current. currently the person was falsely accused and misrepresented. how do i
Middletown, NY |
The person was accused of aggravated dwi/ with child. i'm investigating this case to appeal the court for his freedom.
How do I go about this? so far I started by requesting records from the original police department
The time for a direct appeal has likely run out. Are you talking about a CPL 440 motion?
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Appeals are very technical, as they do not normally deal with the facts or truth, only errors of law. If the person failed to file a notice of appeal within the 30 day period, the appeal will be barred. If he was misrepresented, a CPL440 motion must be made and enied and then he can seek leave to appeal that denial.
I agree with my colleagues, who are criminal attorneys and will know the procedure for a criminal case. However, from an appellate point of view, you should discuss this with an appellate attorney who does criminal work. I have civil family appeals from 2010, but that's because the notice of appeal was filed timely. It is likely that your time to appeal has run out, unless a notice of appeal was filed within 30 days. Otherwise, I never recommend someone do their own appeal. Appeals are very specialized. Most lawyers don't do appeals either because it is not their specialty and it has rules that they are unaware of. You need to find someone who does a lot of appeals and who will know if you have an appeal in this case, and if so, how to take that appeal for you. It is not something you should undertake yourself. Good luck to you.
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Contact an appellate attorney with extensive criminal law experience, which will include CPL 440 motions.
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