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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114023
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In a criminal case where there are 4 counts or charges under

Customer Question

In a criminal case where there are 4 counts or charges under one case number. The courts dispotition order reads the first 2 counts were plead and counts 3 and 4 read count 3 guilty, count 4 dismissed. The only count that can be appealed are 3 and 4. If
the defendant appeals count 3. The main reason for appealing is after the suppression hearing the defendant wanted to appeal the hearing. Which can be done and have a ruling before the case goes to trial. The attorney did not do this. So had to take it all
the way to trial in order to appeal that hearing. Your attorney talks you into a plea on the first two counts. So I appeal count 3. Lets say I win the appeal and the evidence gets suppressed. Since the hearing and evidence was for all 4 counts and now the
evidence is suppressed. Will that affect counts 1 and 2? Also on appeal your claiming ineffective assistance of counsel. If that is founded does that affect counts one and 2?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

Customer: replied 1 year ago.
hello
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The only count that can be appealed is 3 (4 was dismissed) and possibly 1 and 2 if you can prove ineffective assistance of counsel in the plea negotiation and explaining it to the defendant. So in an appeal, you would raise counts 1 and 2 along with count 3, based on the fact if the evidence is suppressed based on the false testimony, and if the appeals court agrees they can vacate the plea and remand all 3 or dismiss them all if they choose and if they find that all of the charges could not be substantiated if that evidence is suppressed.

Customer: replied 1 year ago.
Okay I also found when listening to her attorney, she asked about there being no lab report. Just the officer stating he did the nic field test or something like that. Because the possession ticket would have been just for what was in the pipe. So not much. Her attorney says they don't need the lab tests anymore, the officers is all they need. Also the state had no witnesses or exhibits listed.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That is NOT true, I do not know what type of constitution they follow in that court if what that attorney said is true. The prosecution needs to prove their case beyond a reasonable doubt and I have no idea why any attorney would tell her what this one told her.