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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Dear Mr. RunTam I have another question The court of appeals

Customer Question

Dear Mr. RunTam
I have another question
The court of appeals for 2nd circuit assigned me an attorney who is in the stage of arguing my case in writing now and that attorney had advised me that the court of appeals in Manhattan had picked my case randomly to be argued orally in Connecticut, the fact that made me suspect that procedure is, the same court had assigned me an attorney before also from Connecticut which I believe that the prosecutor has relationship with someone in Connecticut and that’s why they did that , but that Connecticut attorney was relieved because he moved to another job

My question is
Is there any way that I can change this and make my case to be orally argued in Manhattan since my original case was in Buffalo New York?
If so how I can do that and to whom I should write since my current attorney always making big deals about asking him any question
And what are my rights in that regard
Thank you so much
Sincerely
Mohamed Hamdy
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
Mr. Hamdy,

Thank you very much for requesting me for this question. I see that you have also posted two others substantially the same, so I will report those as duplicate questions and you will see them removed from the question list.

The 2nd circuit court of appeals is required by law to hold regular sessions in New York City. However, the court also has the authority to hold sessions anywhere else within the circuit's geographical area, which includes the states of New York, Connecticut and Vermont.

The fact that your case arose in Buffalo would seem to indicate that it would be appropriate for the court to hold oral argument in New York, but neither the law nor the court rules requires that. Any case can be heard in Connecticut by special assignment.

The 2nd circuit court rules do not specifically provide a procedure for requesting a change in the location of the oral argument. There is also no specified procedure for changing the panel to which a case has been assigned (which would likely be necessary to change the location of the oral argument).

Once a case has been placed on the calendar, motions are heard directly by the three judge panel to which the case has been assigned. Therefore, the only way the location of your oral argument could be changed would be by filing a motion with the panel to which your case has been assigned, requesting the change.

Frankly, I think it is extremely unlikely that such a request would be granted. In the scheme of circuit case assignments, the court tries to spread the workload appropriately among the panels ... as to both number and types of cases ... and I would expect the court to be resistant to making changes once a case has been assigned to a specific three judge panel.

Unfortunately, you say you don't trust the one person who is most likely to be able to help you and give you the best advice in this regard, your court appointed attorney. Even though you don't trust him, I still suggest that you discuss this with him at the earliest possible time. Do not be surprised, however, if he tells you that it is not possible to change the location of your oral argument.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
<p>Dear Mr. Reilly</p><p>thank you so much for your answer, just other issue arose after reading your answer </p><p>how I can change that lawyer</p><p>and do you think that it was planned from the beginning of the appeal orcess that the court wants my oral argument to go to Connecticut because they assigned me an attorney from Connecticut before </p><p> </p><p>is there any higher judiciary authority that I can complain to and will be the procedures </p><p> </p><p>can I contact you directly to see if you can represent my in that case</p>
Customer: replied 6 years ago.
Dear Mr. Reilly
thank you so much for your answer, just other issue arose after reading your answer
how I can change that lawyer
and do you think that it was planned from the beginning of the appeal process that the court wants my oral argument to go to Connecticut because they assigned me an attorney from Connecticut before

is there any higher judiciary authority that I can complain to and will be the procedures
can I contact you directly to see if you can represent me in that case
Expert:  Jim Reilly replied 6 years ago.
Mr. Hamdy,

You're welcome. I am happy to be able to provide you at least some assistance in this situation. Unfortunately, it would not be possible for me to represent your directly in your case because I am not licensed to practice law in either New York or the 2nd Circuit Court of Appeals. In any event, I'm afraid it would not be practical to try to do so from California. Also, the JustAnswer terms of service prohibit us from negotiating representation off the site.

It would be very unusual for the court to determine the location of oral argument based on the assignment of counsel. However, it is possible that it was decided to hold the argument in CT before your attorney was appointed and he was selected because he was local. That would be a judicious use of court appointed counsel, reducing as it would travel time for appearances.

You can request a change of counsel, though that would have to be presented to the court in the form of a motion which should be prepared by your current attorney. You can ask him to do this for you and if you insist, he should do it. Once again, however, I cannot be optimistic about the likelihood of success.

Attorneys authorized to accept court appointments for the Circuit Court of Appeals go through an approval process by which the court determines that they are qualified to handle cases which might be assigned to them. While you may not have hit it off with this particular attorney on a personal basis, the court will view him as qualified to represent you and will be reluctant to replace him without substantial good cause (such as a conflict of interest).

There is only one higher authority -- the US Supreme Court -- which would be the next step in the appeal process. The Supreme Court, even if you filed a petition there, would not intervene in your case with respect to either the location of the oral argument or the assignment of appointed counsel. If you lose at the Circuit Court level, you can file a petition for writ of certiorari to the Supreme Court, but very few of those are granted and in criminal cases usually only if there is a substantial unresolved constitutional issue presented in the case.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
<p>thank you so much Mr.Reilly</p><p>that was helpful</p>
Expert:  Jim Reilly replied 6 years ago.
You're welcome, I am happy to have been of some assistance. Good luck as you go forward with this case.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Mr. Reilly
I do not know if there is any thing wrong with the website because I kept accepting your previous answers for 3 times and it always takes me to the first page , so please make the necessary corrections
Also I have other questions

My Probation Officer (because my probation time will end in March) has told me today to go to his office on Monday to sign some papers and give him a DNA sample
So what are the consequences of that process and what are my rights to refuse signing any paper he will give me? And is the use of the DNA in this case and is it against me or in my behalf

Is this will make him mad at me or may affect his report about me

Do I have the right to refrain from signing any document he gives me

Also after I win the appeal (GOD Willing) what will be my rights

Is there any thing that I'm eligible for since I spent 114 days in federal prison and almost 2 years probation?
And who could represent me in that regard if any
Please let me know
Thank you so much
Sincerely XXXXX
Expert:  Jim Reilly replied 6 years ago.
Regarding the payments, I will refer this to JA administration and ask them to look at it for you. It appears to me that you have accepted three times, which means that you will be charged for each of the three acceptances. I will ask an admin to contact you to determine if that was your intention and if not to make an appropriate correction.

Without knowing what the papers are, I can't say whether or not you should sign them ... other than to say it is not likely that he will ask you to sign something that he has not authority to require. So, you will probably have to sign them or risk being violated for refusing to do so. And yes, if he wants you to sign and you refuse it will almost certainly make him mad and affect his report adversely.

As for the DNA, if you are required by law to submit DNA for inclusion in the federal DNA database, then you have to provide the sample. I would have to know what the underlying conviction was for to determine whether or not you are required to submit the sample.

The time you have spent in custody and on probation will count against and sentence that is ultimately upheld or imposed. If you are asking whether you could sue for civil damages if your conviction is overturned, that would depend on the circumstances of the conviction and the basis on which it was overturned. If and when the conviction is overturned, you should discuss that with an attorney who is familiar with that type of litigation.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Mr. Reilly
Regarding the acceptance actually I only meant it once but I also rated the answer as excellent, which I find it so


I do not either know about the papers that I should sign but I’m talking if something that should violate my rights or to waive my rights

The conviction was false statement
The Case In brief
The INS has accused me of false statement on citizenship application (which is I have not committed any crime) and that application was written while I was in the army)

And claiming that I falsified my DD 214 when I was separated from the army
And what happened is I was in the US Army and I went AWOL to visit my mother in the hospital in Egypt with a round trip ticket, then I came back, the discussions between my lawyer and my unit was to have Other than honorable discharge and I signed papers in the army for that, but they write by mistake that I have Honorable discharge
From my understanding and according to my lawyer and the circumstances of that army issue, is I'm clean and I have no criminal records and my separation from the army was only administrative and there are documents to prove that and that my discharge is honorable in spite of the documents that I signed to state other than honorable discharge

I have to mention that I have applied for citizenship when I was in the army in 10/2002
And I separated from the army on 09/2003 and obtained permanent Green card in 04/2004
And the INS called me for citizenship interview in 04/ 2005 and during the period from 2002 to 2005 and also until now the INS holds my citizenship application which they claimed that I falsified it by having wrong information in it which is not true

During my citizenship interview the immigration officer asked me if I have committed any crime and my answer was NO, then 5 months later they arrested me in California and I was incarcerated for 114 days and was released in Buffalo New York and also tried in Buffalo New York
My trial attorney was a public defender who got me convicted in jury trial because she does not want to mention any thing about my DD 214 which is the separation document from the army and does not want to focus on my military attorney testimony during that trial

The funny thing is that DD 214 contains information that I made AWOL and the reason for separation is GOOD FOR THE ARMY) which means the army does not want me there any more which made me happy
And also that DD 214 indicates to the time that I went AWOL

And I have given that document to the INS 3 weeks prior to the interview and on the day of the interview but the interview officer has testified that he does not remember and he does not remember most of our conversation (that was during his testimony in my trial in October 2006)
During that trial the judge prevented the jury from reading my military attorney testimony which would acquit me, and that was the reason for the appeal
the testimony was that he is the one he told me that- according to the law- I Have not committed any crime and the DD214 is the most ruling document that I should rely on regardless any other documents , that attorney is a military expert now and he supported his testimony by documents and regulations in front of the Jury, but 6 days later and when the jury conferred , they ask to re-read his testimony but the trial judge refused but he allowed other witnesses testimonies to be read again

In light of the above information
How I can have relive without hurting my civil rights and how I should act accordingly

And which are the basis for the case to be overturned and will not hurt my civil rights

And the last question

What kind of practice that I should look for in my search for attorney in that last regard

Expert:  Jim Reilly replied 6 years ago.
I did authorize admin to remove all but one accept. However, I see that you have now clicked on another accept. You do not have to click on the green "accept" button to post a reply.

Under the 2006 amendments to the Violence Against Women Act, federal authorities are authorized to collect DNA samples from anyone arrested for commission of a federal criminal offense. Since this is a federal criminal offense, DNA sampling is authorized.

From what you've said in your latest post, it sounds like the testimony of your military attorney was important and perhaps, if believed, should have been enough for you to be acquitted. However, the jury was not obligated to believe that testimony and the fact that the judge declined to allow it to be read back is not, by itself, sufficient grounds for the verdict to be overturned on appeal.

To really evaluate an appeal in a complicated case like this requires a thorough review of the entire record and it is still your appeal attorney who is in the best position to advise you regarding the best arguments to make on the appeal.

If you do win on the appeal and you want to consult with a civil attorney, you would want to find one who is familiar with litigation of civil rights violations.

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Jim Reilly
Jim Reilly
Criminal Lawyer
1801 Satisfied Customers
CA Atty since 1976, primarily criminal law. 150+ jury trials.