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AttyCBradford
AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 643
Experience:  Attorney At Law
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My husband was recently convicted of 3 felonies (armed burglary,

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My husband was recently convicted of 3 felonies (armed burglary, grand theft 2nd degree, grand theft 3rd degree/firearm) which he did not commit. The public defender up until the day of trial said there was nothing to worry about - that the charges would be dropped once the evidence was presented. When we got into court the DA offered a plea and the public defender urged my husband to take the deal or risk 20 years in jail. They gave my husband only minutes to decide - he reluctantly took the deal but we feel he was wrongly convicted. He was found guilty and sentenced to time served (he was incarcerated for 7 months awaiting trial). Do we have any recourse?

AttyCBradford :

Yes you should file an appeal. Also if the statements made by the Public Defender were false, you should consider filing a writ of habeas corpus for ineffective assistance of counsel

AttyCBradford :
Customer:

Is there a time frame for filing the appeal. He was convicted/released on 1/21/13

AttyCBradford :

Yes you must file a notice of appeal within 30 days of conviction

AttyCBradford :

His public defender should have filed a notice of appeal for him. I would contact the public defender's office and find out if they did or not. Then also ask for the recommendation to a free criminal appeal division lawyer

AttyCBradford :
Customer:

None was filed by the attorney - since the 30 day period has expired is there anything else we can do?

AttyCBradford :

I would try and contact the local appellate division and find out. You may have an ineffective assistance of counsel claim

AttyCBradford :

Let me see if I can find a link with info for you on who to contact

AttyCBradford :

http://www.flpd2.com/contact.php

AttyCBradford :

I would try calling them and see if they can provide you with information on who would be able to represent you on an appeal

AttyCBradford :

Best of luck

AttyCBradford :
Customer:

Thank you so much. You have been very helpful. Definitely worth the money spent :)

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