How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nate Your Own Question

Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10567
Experience:  Over 10 years of criminal defense practice.
11217539
Type Your Criminal Law Question Here...
Nate is online now
A new question is answered every 9 seconds

In August 1rst. 2013,my son was charged with 3rd degree child

Resolved Question:

In August 1rst. 2013,my son was charged with 3rd degree child molestation,crime that he did not commit. The ruling was base in who the judge find credible,beacause no was physical evidence, and of course she believed the younger child, and my son was charged. Do you think I have ground to pursuit an appeal?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nate replied 11 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Was there already a trial date, and was there a jury?
Customer: replied 11 months ago.


He already had a trial, and no, no jury

Expert:  Nate replied 11 months ago.
That is somewhat surprising to hear. No criminal defense lawyer in their right mind would have a judge-only trial in a case like this.

You mentioned August 1 in your original question. Was that when he was charged or when the trial occurred?
Customer: replied 11 months ago.


My son was 15yrs. at the time, court proceeding star on Dec.24,2013; on August 1rst, sentence was carrying on, end of the trial.

Expert:  Nate replied 11 months ago.
Timelines are very important for appeals, and I want to make sure it is not too late to pursue an appeal.

Was a Motion for New Trial ever filed by his lawyer and heard by the judge? If so, what date was it denied?
Customer: replied 11 months ago.


The defend lawyer suggested that not pursuit an appeal,because in this cases they just look for the perfomences and procedure of the court; and that is the part that confused me.....It's my son is innocent, why I can't appeal?

Expert:  Nate replied 11 months ago.
I see what has happened now.

Essentially, the lawyer did not want to appeal. Appealing a criminal conviction, especially something serious like this, is something that is practically automatic in the practice of criminal defense. It is an appeal of right, and he will still be able to get the appeal. It will just take longer to do it.

He will need to file for what is called "post conviction relief" and will be able to show that his lawyer was ineffective in not pursuing an appeal. The court will then grant him time to file a Motion for New Trial and appeal.

If you retained this lawyer, you will likely have to retain another one to pursue this. If this lawyer was appointed / public defender, go ahead and contact the public defender's office and tell them your son never got his appeal and would like to pursue a post-conviction petition. They can guide you in the right direction.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 11 months ago.


Appreciate your time and thank for answer my question,


Wish me luck, because I will pursuit this to the end.

Expert:  Nate replied 11 months ago.
You are welcome. It's worth the time. This sort of thing, even has a juvenile, can follow him the rest of his life.

Please be sure to rate my service before you go and feel free to call on me again if you have future questions.

Good luck!
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10567
Experience: Over 10 years of criminal defense practice.
Nate and 11 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.