Q: My son has given up. The ADA was corrupt. Our Attorney was corrupt. Is an appeal automatic if nobody files for him?
Post conviction. Pre sentence. I fired the Attorney immediately after my son was convicted. Videos not shown. Exculpatory witnesses not interviewed. Evidence lost. The ADA ignored favorable evidence and only picked bad. A fake expert witness. A lying victim. All too much. Felony murder. The victim was a 3rd party robbing the defendant while secreting a metal colored drill gun stating it was his piece. EVERYBODY thought it to be a gun. This man had a 30+ year prison record of these type charges. Underlying felony was kidnap of his ex girlfriend. He was leaving without her after having her leave with him for 20 minutes. He brought her back and was leaving but the victim blocked him from getting into his car demanding money. There's video evidence to show everything to acquit but nothing shown. The judge denied my son's request for an instruction on causation. No lessor includeds. No imperfect self defense. Will an appeal be automatic?
A:
I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding evidence.
There is no automatic appeal that will happen without the filing of the required documents within the specified time limits. Write and send certified mail, a detailed letter of what the attorney did and didn't do, and ask that he/she file a Motion for New Trial. And following sentencing, a Notice of Appeal within 60 days. There is a Judicial Council form (CR-120) that can be done Pro Per, if you don't have a lawyer to do it. The Central California Appellate Project in Sacramento is available to represent your son and would be appointed.
A:
MUCH MORE INFO NEEDED.
AN APPEAL IS NOT AUTOMATIC. YOU MUST FILE NOTICE WITHIN 60 DAYS AND IF YOU ARE ASKING FOR A NEW TRIAL YOU MUST DO SO WITHIN 20 DAYS. THERE IS A FORM CR120 THAT YOU CAN DO ON YOUR OWN. HOWEVER, IF YOU AFFORD A LAWYER, DO SO.
CONTACT A LOCAL CRIMINAL LAWYER WHO HANDLES CASES AT THIS STAGE. UNFORTUNATELY, APPELLATE LAWYERS ARE NOT CHEAP.........
THE ADA IS NOT SUPPOSED TO HELP YOU. HOWEVER, YOUR LAWYER SHOULD TRY TO KEEP THE DA HONEST. THERE ARE MANY REASONS TO PRESENT OR HOLD OFF ON EVIDENCE. WITHOUT KNOWING ALL THE FACTS, IT IS DIFFICULT TO COMMENT......IN ADDITION, OFTEN WHAT YOU PLAN TO DO YOU CAN'T DO B/C OF THE JUDGE'S RULING OR EVIDENCE THAT HAS ALREADY BEEN RECEIVED.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer 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 Ask a Lawyer 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.
