Cleveland, TN asked in Criminal Law, Election Law and Federal Crimes for Tennessee

Q: In the state of Tennessee how long does a plea of guilty have to appeal due to ineffective counsel?

There was no evidence submitted by the attorney as to who’s gun the child used to harm himself. He was young and afraid the attorney would not speak to us after paying him 50k only the Defendant. Savings exhausted I just need some guidance on what are the next steps

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm really sorry you're going through this difficult time. In Tennessee, there are specific time limits to appeal a guilty plea based on ineffective counsel. Typically, you must file a motion to withdraw the plea or appeal within a short period after the conviction, often within 30 days, but it's crucial to verify the exact timeframe for your case.

First, gather all documentation related to your original case, including any communications with your attorney and evidence that was not presented. This will support your claim of ineffective assistance. Next, consult with another attorney who can review your situation and help you understand the best course of action. If financial resources are limited, you might qualify for legal aid or a public defender to assist you.

Additionally, consider reaching out to local legal aid organizations in Tennessee for support. They can provide guidance on navigating the appeals process and may offer resources to help manage legal costs. Taking these steps promptly is essential to ensure your appeal is heard and to address any issues with your previous representation.

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