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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
Is there a time frame for filing the appeal. He was convicted/released on 1/21/13
Yes you must file a notice of appeal within 30 days of conviction
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
None was filed by the attorney - since the 30 day period has expired is there anything else we can do?
I would try and contact the local appellate division and find out. You may have an ineffective assistance of counsel claim
Let me see if I can find a link with info for you on who to contact
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
Best of luck
Thank you so much. You have been very helpful. Definitely worth the money spent :)
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