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I was convicted of possession with intent. do i have enough to file appeal and how long do i have to file for it

Jackson, GA |

when arrested i was pulled over by detectives who pulled me over after pharmacy employee called them and told them i made transaction also pulled amother friend over that was going opposite direction from me.. once back at station, we were arrested, i was charged with sales of schedule 2 controlled substance. after taken back my 11 yr. old was questioned without me present or any parent present,, i sat n jail 6 months without bond when i did go to court my charges were dropped to poss. with intent and i received 7 do 1 and released for time served,, but when they read discovery pack, it was all made up.. it said the officer watched me pass pharmacy bag out the window but i never made any deal like that and the officers were not there,, the employee was on phone with them telling them

which way we went. if i had been watced like they say why didnt they arrest me there like the pack said instead of 10 miles away.. the employee was never mentioned and he was the one giving info to police over phone also the 2 arresting officers were let go from police department when the new sheriff was elected on jan 1st due to the fact that they were known for being dirty and thats common knowledge among the town because they were just 2 of many police that were let go

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Attorney answers 5


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.


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.


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.


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.