During the trial it came out That the prosecution didn't weigh the metal. So it might not have been the dollar amount the prosecution said it was and therfore probably wasnt a felony. His lawyer didn't catch it. My son is 28 . He is serving 2 years. Can we get a mistrial or dropped ? He is currently in prison
Your son would have to appeal the Judgment of Conviction to the Supreme Court. He only has 30 days from Judgment to do so.
The only other option would be to file for habeas corpus relief. If still within 30 days you need to contact an attorney ASAP to get the appeal process started.
I am only providing general advice. I am not acting as your attorney nor does this create any attorney-client relationship.
Unfortunately, it sounds like the finder of fact (whether it was a jury or a judge) still found your son guilty beyond reasonable doubt in light of the evidence presented - or lack thereof. As noted by Mr. Flood, there is typically only 30 days to directly appeal from a final judgment. After that, his remedies are limited. Talk to an attorney who handles appeals as soon as possible.
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