he request (his attorney requested) or filed for fast and speedy trial 2 years ago. the trial has taken 2 years
he was tried for driving without a license. on the basis of one person who claims they saw him driving. (I was the one driving. we look alike) they were not able to get the witness to come to court. despite supeonas. it took 2 years to find the witness. he was convicted and is facing 10 years. (felony driving under rev) its a long story but the PDs office will not help (whole nother story) and he cannot afford an attorney
motion to dismiss? after he;s already been convicted?. I just need to be sure because he's doing this pro se and we don't want to make any mistakes..... His PD is no help. he wont return any calls from me or my brother. his exact words were. "your brothers going to prison, let it go, and don't bother me again"
driving under revocation about 2 months ago. he goes in for sentencing the 20th of next month. we have all kinds of reasons for appealing the case but once again, no help from PD and cannot afford attorney.
but he is innocent. his PD would not even put me on the stand. the ONLY testimony give was from a woman who said she saw him driving. it was purely "he said she said" there has got to be a way to appeal this. and the reason the PD never filed it prior to conviction (depite my brothers pleas) is because he literally told my brother to "shut up and let me do my job. im the professional here" he also told my brother "I know your guilty so just take your medicine" in two years his PD never even called me to ask me anything. and when I called he never returned my calls and when I tried to talk to him in the hallways of the court house he would always tell me to just call his office. or to quit bothering him
the only other question I have then is
the reason they're pushing for ten years I belive is because they claim he had prior convictions of drivin while rev. the only prior they brought up is 22 years old. my brother is under the assumption that they cant bring up anything over ten years old????
so how do we make sure we will get the appeal. his PD wont file it. does he just ask the judge verbally at sentencing?
thank you very much. sorry if im being a pest. we're just really sick over this whole thing. from the very beginning it almost seemed a salem trial witch hunt. you have been great. ... so at this point there is nothing to do until the sentence hearing?
so before the judge passes sentence I believe he will allow my brother to speak on his behalf. does he ask for an appeal then. or AFTER the judge passes sentence?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).