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I think I may need an appeals attorney in Rockford illinoi

Customer Question

I think I may need an appeals attorney in Rockford illinois
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

I am sorry to hear about your brother's unfortunate situation.

I recommend that you check the following website for an appellate attorney in your area.

http://www.nacdl.org/impak/cms/members_online/members/findalawyer.asp

Usually lawyers who join the National Association of Criminal Defense Lawyers (NADCL) are ones who are committed to being current on the law and committed to fighting on behalf of their clients. If you do not find a member in your immediate area you should expand the area of your search.

Please let me know if you have any additional questions.

Good Luck to you and your brother.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.


it listed 3 people in my area. but it says


The National Association of Criminal Defense Lawyers (NACDL) is not a law firm and
does not represent or assist individuals with criminal cases, even on a pro bono basis. This
national directory is provided simply to help identify NACDL members.



does that mean that even though they are litsed on this site that they may not be able to help me? also, I am still wondering. do we need to file an appeal or a retrial? and as far as filing is concerned is it something I can do for my brother? I had to sue someone in civil court last year and I did all the filing myself. so I am familiar with how to file motions and such. he only has 26 days left to file and we don't wanna make any mistakes

Expert:  LegalEagle1 replied 1 year ago.
NACDL is a non-profit organization. The search you just performed was for members in your area. The lawyers listed should be contacted directly by you or your brother to see if they can assist him and what arrangements need to be made to hire the attorney.

Did your brother have an attorney represent him at the trial?
Customer: replied 1 year ago.

he had a public defender. but for reasons unknown his public defender not only told my brother that he thought he was guilty but would not put me or my mom on the stand as witnesses. he said we wouldn't be needed. there was no evidence against my brother. no video ( the assault allegedly took place at taco bell) no staements from anyone including the woman he allegedly assaulted. the arresting officers were never supeona'd. only the officer that transported him to jail that night. the officers that searched him made statements in their reports that no weapons were found but none of their reports or them were present. all that was in the trial was my brother. the woman he allegedly assaulted and the transporting officer who blatantly lied on the stand.

Expert:  LegalEagle1 replied 1 year ago.
Which court was your brother's case heard in? I will see if I can locate some forms that your brother may be able to use to file the notice of appeal and request appointment of appellant counsel.
Customer: replied 1 year ago.


winnabego county 17th judicial court.

Expert:  LegalEagle1 replied 1 year ago.
I am away from the computer. I received a message on my phone that you had posted a response. I wanted to let you know that I will respond to you either later this evening or first thing tomorrow morning.
Expert:  LegalEagle1 replied 1 year ago.
Here is a sample Notice of Appeal your brother can use to file the notice.

http://www.formsworkflow.com/d89460.aspx

He can use the same format and draft a motion to have appellate counsel appointed. He should recite that he lacks the funds to hire an attorney, that he qualified for public defender representation at the trial level and that his financial situation has not changed. (Assuming this true.)

Another option he has is that he could instruct his trial attorney to prepare and file the notice of appeal and motion for new counsel to be appointed to represent him on the appeal. He will want to make sure that the lawyer does this within the 30 days.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


I noticed on the appeals form it asks what the charges he is convicted of. since there are two charges does he have to fill out two separate appeals forms.

cheers

thom

Expert:  LegalEagle1 replied 1 year ago.
If they have separate case numbers yes he should fill one out for each case.
I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.

you said "Another option he has is that he could instruct his trial attorney to prepare and file the notice of appeal and motion for new counsel to be appointed to represent him on the appeal. He will want to make sure that the lawyer does this within the 30 days."


 


his attorney is not answering or returning his calls. and all the attorneys ive looked up on line wont take the case. hes got 26 days left and we're getting desperate. whats my next move. my brother pretty much has his hands tied being in jail. also. he was convicted of driving under revocation. but his license was revoked over ten years ago. wouldnt the revocation be over by now?

Expert:  LegalEagle1 replied 1 year ago.

He could send a letter to his trial attorney certified mail instructing him to file the notice of appeal and motion to new counsel appointed. He could also contact Karen Sorensen the Head Public Defender for Winnebago County and let her know of the difficulty he is having getting his trial public defender to file the notice of appeal.

Karen Sorensen, Esq
Public Defender
Winnebago County Courthouse
400 West State Street
Suite 340
Rockford, Illinois 61101

Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

 

If his attorney does not respond he can file a complaint with the bar association. He

Or he fill out the Notice form I provided the link for and file that and draft a short motion asking that counsel be appointed. He should include the fact that his trial attorney is refusing to take his phone calls and has abandoned him.

Here a sample motion to appoint appellate counsel in child protection case. He could use this as a template and modify it for his criminal case. He would delete the references to the impounded material. But he should type it up in a similar format.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.

ok. my mother and I are both working on this. she called Karen Sorenson this morning. karens secretary said she was busy in court and put my mom thru to karens voicemail. however. the voice mail got forwarded to my brothers attorney who called my mom and told her to " quit bothering us. you son committed a crime he got caught and now he's in jail." so she asked to talk to Karen and he said "no" and hung up her. when we called back the secretary said shes not bothering Karen with this matter and wouldn't even put her thru to her voice mail. she said it is my brothers responsibility to make these calls not ours. but my brothers in jail and cant call collect to the attorneys office.

Expert:  LegalEagle1 replied 1 year ago.
It is your brother's responsibility to make this request.

YOUR BOTHER could send a letter to his trial attorney certified mail instructing him to file the notice of appeal and motion to new counsel appointed.

Your mother should send a letter to head public defender documenting what your brother's public defender told her. Here is her fax number (NNN) NNN-NNNN

Your brother can always prepare and file his own notice of appeal and motion for appointment of counsel.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

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Customer: replied 1 year ago.

my brother says the jailers will only let him send first class mail. no certified. and none of the attorneys are returning messages. I am sorry if I am being a pest but times running out. and im getting worried.. he also said when he asks the jailers for appeal forms like you showed me, they just laugh at him

Expert:  LegalEagle1 replied 1 year ago.
Then your brother should send it first class mail. He can also send an additional copy to you and you can send it to his attorney certified mail.

You can send him the forms and he hand write similar forms and file them with the court.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

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LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 754
Experience: Practicing attorney licensed for over 23 years.
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Customer: replied 1 year ago.


sorry to bother you again. but we are having a nightmare of a time trying to find an appellit attorney and time is running out. and neither Karen Sorenson nor my brothers attorney will return my brothers, mine nor my mothers phone calls and its been a week since his conviction. so what I wanted to know was if I get the appeal form and send it to my brother and he fills out the form and signs it (pro-se) can he mail it to me and I can take it to the clerks office and file it. clerks office said it was forty dollars to file. at least that way we have it filed before his 30 days are up and we can find an attorney later also I need to know if you have a smple form for filing for an appeal bond too?

Expert:  LegalEagle1 replied 1 year ago.
That should work, they may waive the fee if files an affidavit of indigency. He may want to include a statement that his appointed lawyer refused to file the notice for him also.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

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Customer: replied 1 year ago.


is there a form or sample form you might have for an appeals bond?

Expert:  LegalEagle1 replied 1 year ago.
I'm away from the computer at the moment. I sent my last response from my phone. I will check online when I return.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.

is there a form or sample form you might have for an appeals bond? and I forgot to ask. the form says "NOTICE TO APPEAL"


is that ok or shoul it say


"MOTION for appeal?


 


you have no idea how sorry I am that I keep bother you. hopefully this will be it

Expert:  LegalEagle1 replied 1 year ago.
Notice is correct.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


you have great thanks again and I will let you know how it goes.


cheers


thom

Expert:  LegalEagle1 replied 1 year ago.
Ok, please do. I will check on the appeal bond.


Here is another notice of appeal form your brother can use. He will need to change it for his court.

http://www.co.mchenry.il.us/departments/circuitclerk/Documents/Form%20-%20Appeal%20-%20Criminal%20Notice%20of%20Appeal%20-%20revised%202-6-13.pdf


He will want to read these rules that apply to the 2nd District Court of Appeals for Illinois.

http://www.state.il.us/court/AppellateCourt/LocalRules/2nd.pdf

He should also file a docketing statement.

http://www.co.mchenry.il.us/departments/circuitclerk/Documents/Form%20-%20Appeal%20-%20Criminal%20Docketing%20Statement%20-%20revised%202-6-13.pdf


He should modify this form for his court also. He needs to change the county on each I think.

I was unable to find a sample motion for an appeal bond.

Your brother can ask in his motion to have counsel appointed that the court set an appeal bond, or that they appoint and permit appellate counsel to file a motion for an appeal bond.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


ok. I just retyped this form to fit our county lemme know if its addiquate.


http://www.formsworkflow.com/d89460.aspx


also on the docketing statement, what should he write were its asks for his counsels info. his attorney is still not answering or returning any of our calls so as of now he really doesn't have any counsel and we're paying hell trying to find one.

Expert:  LegalEagle1 replied 1 year ago.
He should write that he requesting that new counsel be appointed to represent him on appeal. He can attach additional sheets in which he states the steps he has taken to reach and request that his trial attorney file the notice and motion for appellate counsel also.


I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


ok, thanks to you I believe I have everything I need. its looking good. I wanted to ask you something else. what does the term "lack of prosecution " mean. my brother seems to think that it may help in his case. it took them over 2 years to get the alleged victim to court and during that two years she never showed up once. despite all the subpoenas. even on the day of the trial she didn't show. 4 hours later the judge allowed them to send police to her work to get her. she even said she didnt want to come because it was all over nothing. anyway. lack of prosecution is something my brother want me to find out about and I thought youd know

Expert:  LegalEagle1 replied 1 year ago.

Typically lack of prosecution occurs when the court closes or dismisses a case as nothing has been filed or occurred within a specified period of time. The court presumes that as activity the party does not wish to pursue the case. In a criminal case this can occur when the prosecution is repeatedly unable to present their case. For example, when a prosecuting witness fails to show up for a scheduled trial several times. Usually the dismissal of case for lack of prosecution is within the discretion of the court.

 

 

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.


even if he filed for a speedy trial? when he was first arrested he filed for a speedy trial because they were not going to let him out (according to the judge) until his trial date. I thought that speedy trial had a time frame attached to it?

 

while I was waiting for a response my brother called and told me his attorney (public defender) is talking him to court tomorrow for sentenceing. his attorney says he is going to ask for 10 years (driving while revoked) my brother told him its only spose to be 1 year and his attorney told him to shut up and takie his medicine. he said " your a criminal you got caught now deal with it. when my brother tiold him he was reporting him he said tuf shit. try and do something from in here (jail)

Karen Sorensen isn't returning calls either. this whle thing stinks and it seems like there is nothing we can do????????

Expert:  LegalEagle1 replied 1 year ago.
A speedy trial is a different issue than dismissal for lack of prosecution. The two may be related but they are different issues. He may be able to present the speedy trial issue as one of the issues on appeal.

If he is appearing in court for sentencing on the matter, he can orally advise the court he wants to appeal the case. He can also ask the court to remove the current lawyer and appoint a new attorney,

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


the last time he was in court he tried to do that and the judge told him to shut up

Expert:  LegalEagle1 replied 1 year ago.
Then he should consider putting his request in writing and file it with the court. He should also attach a notarized affidavit in support of the motion reciting the problems he has had with lawyer He should be careful to not go into too much detail so as to make admissions which may hurt him in the criminal case or on appeal. He wants to create a record for the appellate court to review.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

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Customer: replied 1 year ago.


we thought of that but cant get anything notarized in jail

Expert:  LegalEagle1 replied 1 year ago.
Ok, then attach written statement and include a statement that no notary is available in jail to notarize the statement.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.


you have been very helpful and I thank you ever so much. we found an attorney and are in the process of scraping up the money for his retainer. this attorney said that the PD should have filed a post trial motion (or petition) within 30 days of conviction. but as of yet he has not. the 30 days are up this Saturday. what happens if he doesn't file this motion? the PD at this point has blatantly told us to leave him alone (in nastier words than those)

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