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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21363
Experience:  Handle criminal matters in both state and federal courts.
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I have a friend who was tried for molesting a minor, and he

Customer Question

I have a friend who was tried for molesting a minor, and he was not even there; he was in another state. He is a truck driver and he provided copies of the toll and his logbook to his lawyer who told him these were not acceptable in court and plead guilty to the judge on his behalf. Can this be appealed?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

if your friend took a plea, it is not an appeal - but he can file a post conviction based on ineffective counsel, or a Constitutional issue - this needs to be presented in brief form with supporting case law - so he may want to consult with a local lawyer - you can check the state Bar Association and see about a referral for a pro bono attorney, if he cannot afford private counsel.

 

it seems to me that an arguement should have been made for his alibi with the tolls and logbooks as support that he was not in the area.

 

so he can file a post conviction based on ineffective counsel.

 

Customer: replied 5 years ago.
This happened in 2004. He was not allowed to say anything. He was sentenced to 16-22 months of schooling. He finished 16 months and when he asked for his certificate, they kicked him out. Now, they're saying because he did not finish, he has to go to prison. We have been trying to find a local lawyer to represent him, but all they say is have fun at the pen or it's a conflict of interest. Is there anything else we can do?
Expert:  Samuel II replied 5 years ago.

hi

 

oh, so this is not about an appeal at all, as you originally stated - but a violation of probation of some type? post conviction has one year to be filed from the date of the original sentence - the courts have ruled that the time does not start running at the terminiation of the probation -

 

this is why the attorneys you are consulting with are saying there is no appeals process

 

 

Customer: replied 5 years ago.

Wow, so not knowing the law can really screw up a person's life. Him relying that the school was the best course of action for him was really not. So, is there anything we can do?

Expert:  Samuel II replied 5 years ago.

hi

 

he can contact the public defender's office in the county of conviction and consult with them on the probation termination appeal - it seems the time and effort put into the school should earn him something -

 

again, he also can contact the PA Bar Association and see about a pro bono attorney for the appeal - the probation termination can be appealed -

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21363
Experience: Handle criminal matters in both state and federal courts.
Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you very much. And, I'm sorry if you think I mislead you. This is the first time that I am using this site, and I don't know what I'm supposed to provide.
Expert:  Samuel II replied 5 years ago.

hi

 

that's okay. i understand. it happens. i just like to know what i am dealing with to be accurate and when there are change ups then it appears i dont know what i am talking about - that is what i dont like.

 

good luck

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