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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26135
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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A family friend was recently found guilty of child abuse with

Resolved Question:

A family friend was recently found guilty of child abuse with injury. He wants to appeal the verdict and feels he had inadeqate representation. I was there at the trial every day and I agree that the public defender seemed to neither care about my friend ,or the kind of job he did representing the defendant. The public defender did and does not return calls of friends, family members, or the client. He also lied to his client about his attempts, requested by the client, to contact people who may have been more than helpful during the trial. What, if anything, can be done in our case?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.

 

Your friend has 30 days from the date of the judgment to file an appeal to the state supreme court.

 

The appeal can be based on ineffective assistance of counsel and any other grounds from the trial that were conducted incorrectly - such as allowing evidence in that should not have been permitted, improper testimony, improper jury instructions, etc.

 

The first thing you have to file is a notice of appeal. I would recommend that your friend have an attorney file this notice and proceed with the appeal procedure. If nothing else, your friend should consult local legal aid for help with drafting the notice and appeal.

Customer: replied 3 years ago.
Is it possible to get a different public defender than the one he had? He has no money to hire a private lawyer.
Expert:  Roger replied 3 years ago.

Sure. You can request that you be appointed a different public defender. He would basically have to do so because he is going to allege that his first lawyer was inept in assisting him (that's his ground for appeal). Thus, his lawyer is not going to file an appeal alleging that he was ineffective.

 

You may also want to contact the state bar association (http://www.okbar.org/) and ask for help locating the nearest legal aid attorneys to help him with this.

Customer: replied 3 years ago.
Thank you very much! His sister is in NJ and was not able to come to oklahoma for the trial. She's trying to help him from there but has no idea what to do.
Expert:  Roger replied 3 years ago.

No problem.

 

The most important thing is to get your appeal filed within 30 days of the judgment or he will be barred from taking any action.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26135
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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