Did you enter a guilty plea or did you go to trial? if you entered a guilty plea you would have to file a petition for habeas corpus instead of an appeal. If you went to trial, you only have 30 days from the date of conviction to file an appeal otherwise you will have to file a petition for habeas corpus.
Why didn't your lawyer point out the issues you found in the discovery?
Any conviction can be appealed, although it will be viewed in the light most favorable to the verdict already rendered. These are facts that a good appellate attorney can work with. You need to get the transcripts and hire an appellate attorney to review and assist you with the appeal. Make sure you have preserved your rights by filing things timely.Ask a similar question
I can't advise you as to whether you have grounds for appeal. Deadlines are tight in most states; in GA you must file your notice of appeal 30 days after a final order or judgment. Appeals are not easy so you should seek representation.Ask a similar question
Did you go to trial, or did you enter a plea? The timing requirements are different for each.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.Ask a similar question
It sounds like you reviewed the evidence AFTER you pled guilty to get out of jail on time served. You probably didn't spend the money to hire your own lawyer and settled for whatever lawyer the government gave you. Now that you have read the discovery and are safely out of jail, you want to go back and fight your case.
The time to fight your case is BEFORE a conviction, not after. Now, you are presumed guilty and you have waived most of your rights. What's in the discovery isn't important because you already said you were guilty of the crime. Unless you can find something terribly wrong with the plea or your lawyer, there's not much you can do.Ask a similar question