Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

If someone is accused and convicted of a crime that someone

Customer Question
else committed that they had...
If someone is accused and convicted of a crime that someone else committed that they had no knowledge of, in this other persons home but was the only person in the home besides 2 other adults who was chared, no wittnesses or tips saying this person did anything wrong and the owner wanted to correct the mistake at trial but another lawyer asked another lawyer to represent the person who owned the home to plead the 5th against self incrimination to save himself from charges of purjury. What can the convicted person do with the person wanting to correct his 5th plea. The convicted had prior years back as well.
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
2/2/2009
Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,671
Experience: 16 yrs. of experience including criminal law.
Verified
An individual who is convicted of a crime has a right to appeal. That would be the first step to correct.

After that, if the appeal has run, the convicted person would likely be best served to petition for clemency...in each state there is a process where you can apply to the governor for a pardon. IF a person can demonstrate that the conviction was in error, then a pardon request may be successful




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

The appeal is in but wanted to know what necessary step needed to get point across

Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
You say the appeal is in...can you explain...has the appeal been filed? Has it been argued? what is the exact question you have currently?
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
hello, they said they have enough evidence so he may not get a appeal. All the evidence they had far as prints none, balistics none, dna none. They said the one other which was not during the trial they're trying to use. They didnt want to use it because it belonged to the owner.
Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
You say

hello, they said they have enough evidence so he may not get a appeal. All the evidence they had far as prints none, balistics none, dna none. They said the one other which was not during the trial they're trying to use. They didnt want to use it because it belonged to the owner.



I'm not sure I understand your point. Is there an appeal pending and if so what is the status?

What is the question you want answered?
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

yes, I am sorry I do not know the law. but yes its pending. Does he have to wait until sentencing to hear something back.

Customer reply replied 8 years ago
Its comforting to know its people like you than can help. This person was on the road to recovery and I feel like he's been set up or making a guinnea pig out of him and he's the good guy.
Customer reply replied 8 years ago
?
Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
Wait, you mention that there is an appeal but that he is waiting for sentencing...has he been sentenced?
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

he's getting sentenced in march

Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
OK

Well, that changes the dynamic considerably. Did he receive a plea bargain he was satisfied with?
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

Mr Simmons,

 

No plea bargain because he went to trial with the two guns being in the house he was accused of one which make no sense.

 

Delaware is so backwards when it comes to things like this. Its so different from NJ and NY. I dont know what else to look for. His lawyer is taking his time getting back. He only has 6 weeks til sentencing.

Customer reply replied 8 years ago
hello, I know your a busy man I appreciate talking with you.
Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
Sorry, I understand now

OK, if he was convicted, but pled not guilty, he will have a full appeal. This will typically need to be filed within 30 days of sentencing so hopefully you have an attorney that is working it.]] As for sentencing, his lawyer will need to work with the caseworker to prepare a pre-sentence report...that will be what judge will most focus on to determine the appropriate sentence.


If there is other evidence that was not presented at trial that is mitigating to his case, that information needs to be brought out in sentencing.    Now, for the person who has "pled the 5th" there really is not much you can do, other than request to the state that the person be given immunity to allow their testimony...his lawyer should know how to do this and can if appropriate.


Aside from that, he should work with his lawyer to prepare the sentencing case. If the lawyer is not working with him, he may need to tell the court to get their assistance...but 6 weeks is an eternity in criminal law...so I suspect the attorney may be on it.     




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.     
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,671
Experience: 16 yrs. of experience including criminal law.
Verified
P. Simmons and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Thank you I hope this can preserve his sanity with all the help you have given. I hope I can get you again if I need to speak to you on this matter. [email protected]
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,671
35,671 Satisfied Customers
Experience: 16 yrs. of experience including criminal law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

35,671 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My nephew did try to robba guy with a gun and shot himself
my nephew did try to robba guy with a gun and shot himself in the leg. The robbery went bad and he went home and his sister and sisters boyfriend took the gun so his mom wouldnt find out. not knowing … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I recently tried to buy a gun online and was denied tomorrow
I recently tried to buy a gun online and was denied tomorrow I meet with the a state police to go over the application I am nervous and don't know why I need to go over it they never told me why I was… read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
I am a ex felon of 20yrs drugs and guns where found in my
Good day I am a ex felon of 20yrs drugs and guns where found in my house.I was sentenced to 15yrs 9yrs was suspended that left 6yrs under Va.law I was put on a work release program and made parole pro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
My wife was just ticketed for carrying a concealed gun on a
My wife was just ticketed for carrying a concealed gun on a military base. 18 USC 930. She has a ticket that orders her to appear in court. She is wondering if she needs a lawyer or just to show up an… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am looking into having gun rights restored, if it is
I am looking into having gun rights restored, if it is possible. I currently live in Albuquerque, NM. when I was 21-22 I was arrested for a drug charge. I pled guilty to the charge of trafficking and was placed on a 5 year probation with a differed sentence. I completed my probation with out getting into trouble. I am currently 49 yrs old and have never been in any kind of trouble since. I have never been unemployed and have been gainfully employed for the last 18 yrs with the same company. I'm not sure if I am eligible to have my gun rights restored. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I was convicted of a felony and was sentenced to 3 year
I was convicted of a felony and was sentenced to 3 year probation. After a year of probation, the probation officer asked court to waive the rest of my probation which he granted the order. My questio… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
101 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x