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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My brother was convisted of a class x felony on Feb 10, 2011.

Customer Question

My brother was convisted of a class x felony on Feb 10, 2011. He was charged with making a Delivery. He is in jail and has been there for almost a year fighting this case. There were many accusations brought against him and many were through out. He was down to two pending counts that the courts deemed pending, or at least until the states attorney was able to prove his reasoning for locking him up to begin with. Trial was two weeks ago, My brother had a lawyer and have every bit of a reason to believe that the lawyer was working with the states prosecutor when he openly allowed a police officer that had nothing to do with his trial to step into court and give an oral overview on why he felt evidence( such as a audio recording and a video that didn't display activity was concrete) based from the police history of working with the law enforcement department for over 28 years, the Judge deemed found the policemen words to be enough evidence to find my brother guilty of a class X (6-30yrs) felon. He put in a motin for a retrial and haven't heard any response from his entry. he has reason to believe that his file due to prejudicy wasn't even circulated. There is a lot of frustration surfacing around this situation for my family, and we just want to see justice served honestly. P.s.- My brother believes that he is being shunned because their is eveidence that the video tape used in earlier court appearaces was tampered. How can he go about seeking help. There are more snippets involved in this story but I've presented the important parts which counts for most of his bad experience. Please give us effective guidance in this matter.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.



So what is it your brother wants to do at this time? He has appeal rights. He can file a Notice to Appeal and then get a public defender or private attorney to assist if he feels the Court acted in appropriately which infringed upon his Constitutional rights.



You say he has filed for a re trial, was that an appeal?


Appeals are not easy and require memorandum of law to be presented as part of his appellate brief.


He may try to get in touch with someone at your local ACLU chapter. They are often over worked but they might find something so compelling about your brother's case they would give him an attorney to assist.


As to the police officer who testified, whom you say had nothing to do with the case - that would be what is called an "expert witness". He is not testifying to the matters of the case, but rather testifying as to the audio tapes and how they function and can be evidence or he was testifying as to the "chain of custody" of those tapes. This is appropriate to have expert witnesses in this regard. It would not be a basis for an appeal


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck