Criminal Law Questions? Ask a Criminal Lawyer.
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.
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
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?
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 -
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.
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