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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34291
Experience:  16 yrs. of experience including criminal law.
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If someone is accused and convicted of a crime that someone

Resolved Question:

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
Expert:  P. Simmons replied 8 years ago.
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.
Customer: replied 8 years ago.

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

Expert:  P. Simmons 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?
Customer: 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.
Expert:  P. Simmons 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?
Customer: 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: 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: replied 8 years ago.
?
Expert:  P. Simmons replied 8 years ago.
Wait, you mention that there is an appeal but that he is waiting for sentencing...has he been sentenced?
Customer: replied 8 years ago.

he's getting sentenced in march

Expert:  P. Simmons replied 8 years ago.
OK

Well, that changes the dynamic considerably. Did he receive a plea bargain he was satisfied with?
Customer: 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: replied 8 years ago.
hello, I know your a busy man I appreciate talking with you.
Expert:  P. Simmons 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.     
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