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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16493
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Good afternoon my son was sentence to 30 years for attempted

Customer Question

Good afternoon my son was sentence to 30 years for attempted murder on May 28 2013 even when eye witness statement ,and other evidence didnt link him to the crime. There was no gun powder residue on his hands or clothes , But the jury still say guilty what do i do now , i would like to have an appeal
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hi Jacustomer,

I'm sorry to hear about your son.


The 30 day day period for the notice of appeal starts running from the sentencing, which would be yesterday. So you have plenty of time. Get to your son's lawyer ASAP to see if he filed/remind him to file the notice of appeal. If he did, you're okay. The appeal itself doesn't have to be done in 30 days. It's just required that you put the state on notice that you're going to appeal within 30 days. If you don't do that then most of the grounds that your son would have for an appeal may no longer be available to him.

If you can't reach the lawyer, or if the lawyer tells you he didn't do it, you need to get someone who will as quickly as you can. If you somehow get past the 30 days and the lawyer tells you he didn't do it, since it was due to a mistake on his part, you may be able to get an extension for a late filing of the notice. But even that has to be done by a lawyer. So a lawyer is the key to the whole enterprise.

 

Most trial lawyers don't do their own appeal, but he can pass the file along to an appellate defender or you can get a lawyer for the appeal.

Customer: replied 1 year ago.

i was told by someone that if a person lost an appeal that you will get more time is that true

Expert:  Zoey_ JD replied 1 year ago.

Hi Jacqueline,

No, it's not true. If his appeal is denied, he can't get more time. He has an absolute right to appeal. Every criminal defendant does. One can't be punished for exercising that right.

 

If his appeal is won and he gets a new trial, if he is convicted again, he will be resentenced and that could involve more time.

Customer: replied 1 year ago.

My son is a very talented young man, he was in college studying criminal justice while write music and sing his songs part time. He had just sign a contract with sony for his music and was suppose to do his music video the following weeks just then this situation occur . He had even gotten an acceptance letter from John Jay college to continue his career in law. His lowest G.P.A at ASA college was 3.83. He definately wouldnt have done anything to mest up. There were videos that were shown at the court showing my son entering the building where he lived. The eye witness said that the person who attacted them was wearing a red inner shirt ,a hoody and a dou rag tie around the head. but camera show my son in a black jacket with a collar , a black inner v neck shirt with a white under shirt showing from the v. and a black base ball cap wearing backwards where you can even see the plates in his hair . i cant understand this im confused and hurt.


 

Expert:  Zoey_ JD replied 1 year ago.
Hi Jacqueline,

I did not, of course, hear any of the evidence, so I couldn't begin to tell you why the jury factored out that evidence, but it appears that they did. Juries get to decide the worth and the weight of the evidence for themselves and for some reason, they didn't credit the identification issue. Believing someone guilty beyond a reasonable doubt doesn't mean that a jury has to believe each and every piece of evidence that comes out at trial beyond a reasonable doubt.

If the verdict, however, is clearly against the weight of the evidence, that can be one of the bases for an appeal.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16493
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 5 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

how do i know if the lawyer had requested the appeal for my son.He told us that he did so but what proof do i look for to be sure

Customer: replied 1 year ago.

hi, i would like to know how do i know if our lawyer had requested an appeal for my son . He said he did but what proof do i look for to be sure

Expert:  Zoey_ JD replied 1 year ago.
Hi Jacqueline,

I am sorry for the delay. I have only just logged on to answer questions.

Per CPL section 460.10., the notice of appeal for a criminal matter must be filed within 30 days of the sentencing. One copy of the notice must be filed with the clerk of the criminal court where the sentence was imposed and another copy has to be served on the DA's Office.

So, to double check your lawyer, you can contact the clerk of the court and/or the DA's office to see if they received their copies.

It may take a day or two for the administrative employees to do their processing, so you might want to wait until Monday or Tuesday to check with them, since he has only just been sentenced.

If they do not have any record of this, then you can call back the attorney. He has no reason not to file the appeal. In fact, it would potential malpractice for him to fail to do it in timely fashion once he knows that a client wishes to exercise his right. So if he's told you that he's taken care of it, this should check out.

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