Q: Can my brother in law appeal his plea of no contest on domestic violence and is it to late when court is 4-10-13?
He is trying to appeal his plea so he won't have to go to prison and will have the possibility to do a year on house arrest. His girlfriend said she gave a statement that he never did anything and that the cops where taking pictures of places she didn't even have marks. Oh also he had a violation of probation because of the domestic violence charge. He said the whole reason he even plead no contest was because he was scared he would be charged with a felony count of domestic violence after being told they had all kinds of evidence which i'm assuming are the pictures of nothing. I talked to his public defender but he doesn't seem to care to much unfortunately. Just seeking any kind of advise or information. Thank you.
A: Hire an attorney quickly, time is wasting. He probably cannot appeal, but must move to set the plea aside.
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.