Criminal Law Questions? Ask a Criminal Lawyer.
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.
i was told by someone that if a person lost an appeal that you will get more time is that true
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.
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.
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
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
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