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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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my dad has put in to have his sentence vacated. How long does

Resolved Question:

my dad has put in to have his sentence vacated. How long does it take to hear anything? It has been since October of 2008. Help me please. need some answers this is taking so long.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Joseph replied 4 years ago.

Any post-conviction work is time-consuming, it can easily take a year or so to bring matters to a close. Having said that, a year and four months is a bit on the long end. You should call the clerk of court tomorrow to find out what is going on with the case. They should be able to clarify if something is pending or if the matter has been resolved.

 

Additionally, if he has an attorney, whether a private attorney or a public defender, you can check with the attorney as well. Even though your father is the client, the attorney should be willing to speak with you about the matter as well.

 

Customer: replied 4 years ago.
This is a federal case, and he does not have a lawyer, that is one of the problems, because the lawyer that he used did not do a very good job. So my dad sent in his appeal on his own, no help, then the prosecutor turned in some answers to his appeal. Now we have not heard a thing since, is this all that he has to do, or have we been waiting when really we should have been doing something like another appeal? Really dont know what the process is. I also am in a different state. This all happened to my dad through Iowa. He is now located in Arkansas. Really difficult for me to do much long distance, besides the fact that I do not have anyone to call or know who can even help me.
Expert:  Joseph replied 4 years ago.

Federal courts have clerks as well, just like the state systems. As such, you can still contact the clerk for the federal court in which your father was convicted. Additionally, all the federal courts have websites, the sites list many of the cases that are active. If you desire, you could always check their website to see if your father's case is listed.

 

Customer: replied 4 years ago.
I am going to do the accept button so that you can be paid. I do not have a problem with that at all, beleive that you have been great help. I was though just on the website of the court in which he was sentenced in and there is a place that says a case number XXXXX when his appeal was filed. But there is no where that says where it stands at. If I put the information on here, is there any way that you can help me please?
Expert:  Joseph replied 4 years ago.
I would be happy to try for you.
Customer: replied 4 years ago.
Petitioner:Marvin Dennis Starr
Respondent:USA
Case Number:4:2008cv00443
Filed:October 31, 2008
Court:Iowa Southern District Court
Office:Prisoner: Vacate Sentence Office [ Court Info ]
County:Polk
Presiding Judge:Chief Judge Robert W. Pratt
Nature of Suit:P. Petitions - Motions to Vacate Sentence
Cause:U.S. Government Defendant
Jurisdiction:U.S. Government Defendant
Jury Demanded By:28:2255 Motion to Vacate / Correct Illegal Senten
Expert:  Joseph replied 4 years ago.

Thank you for the information. Give me a few moments and I'll see what I can find for you.

 

Thanks for your patience.

Customer: replied 4 years ago.
Thank you so much! My dad calls me every Sunday, and it hurts so much, because I do not know what I can do for him, although I want to do everything for him. Thank you.. you do not know how much this means to me to have some help!!!!!!!!!!!
Expert:  Joseph replied 4 years ago.

Unfortunately, the Iowa Southern District's website does not appear to have tracking information on your father's case. However, you can still contact the clerk directly tomorrow morning to get the information.

 

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 5 other Criminal Law Specialists are ready to help you

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