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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Seeking CL attorney, west Phx AZ area. My 30 son convicted

Customer Question

Seeking CL attorney, west Phx AZ area. My 30 son convicted 2 Sex ABUSE, not Assualt, Class 5 Felony charges, touching breasts: 10 yrs probation deferred 6 mo jail in April. He and I researched his case and wrote 28 pg Post Conviction Review PCR doc (not appeal doc). Tried to follow rules, facts, discrepancies, but per rules excluded citations etc., and did a pretty good job identifying numerous points; his Country P/Def brought up victim sex history but did not advise son of rape exception, there was no Rape exception motion or hearing. Also numerous Court admin errors, ie Court order documents were not correctly marked or Signed by Judge or Court official before Son signed. PCR has been reviewed by Court appointed Attorney, but he had medical issue and pasted case to another lady attorney to complete, and she just said AZ $250 Sex Offender fee should be dropped, but did not provide any other rationale as to the numerous other points we wrote in PCR; good, bad, didn't matter, etc. We feel Review attorneys missed the boat, or first didn't do good job in documenting points before leaving due to medical, and second lady attorney didn't have time to start from scratch. Question/issue is it possible to have an attorney (I pay) review PCR and legal documents to give opinion; legal research or suggestions to strengthen our PCR, did review attorneys miss the boat, or even take on case take to whatever next steps might be. Any recommendation or Phx area referrals appreciated. Respectfully, VJD
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Hi

 

What is the status of the post conviction? And you want a referral to a CO attorney or service who will review that facts, matters and documents of the case, is that correct?

Customer: replied 6 years ago.
PCR review Attorney has turned over legal documents/ transcripts to my son. In her response ltr, she indicated his response was due to the Maricopa County Court COB 101210. According to him, he has relaesed the Cty assigned PCR attorneys, but she stated he can still refer legal questions to her for assistance.

My son and I are not legal begals, pls pardon the term, but we seriously reviewed PD reports and then available information to write the PCR. It appears that Review attorney is just telling Court, Defendant didn't have valid points, other than eliminating AZ $250 Sex Offender fee, and case should be closed as judged. Son just prepared Extension request, but advised to not deliver to court until 100810, due to holiday on Monday 101110. But we do not know what will happen or if extension is automatic or otherwise to be approved. I'm sure there more, but trying to answer and stay on point. Given nature of legal issue and Just Answers terms, may just need to find Phx area CL attorney, thus the referral request.
Expert:  Samuel II replied 6 years ago.

Hi

 

I see. Yes, there may be must more the PCR did not see. If you want someone to review you have a few choices.

 

You can contact the AZ Bar Association for a referral service in your area

 

http://www.azbar.org/WhoWeAre/contact.cfm

 

Additionally, if you are near a law school you can contact the Legal Clinic, which provides assistance by 3rd year law students who are supervised by licensed attorney's and they may be able to assist you.

 

Finally, you can also contact the AZ Criminal Defense Bar which will narrow your search.

 

I hope this was helpful.

 

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

Customer: replied 6 years ago.
Samuel-II,

Tried to keep info, question short and stay on point. I've already contacted both Phx School of Law and ASU Law School, but neither could offer assistance, primarily due to funding limitations. I have looked at web for laywers, but respective PLC profiles so are advertisement based, there is not way to know what one might be "accepting" by scheduling an appointment.

Appreciate response, but really nothing new. And with respect to site and numerous state specific laws, appears you practice is in DC area. I guess I need AZ legal help, that may be beyond scope of this site.

If I select Accept, then you get credit, @ the $73 fee, or however the site agreement splits. And if one does not Accept, then what?
Expert:  Samuel II replied 6 years ago.

Hi

 

Well, you may need to use the the PCL and you are guaranteed lawyers who are reputable and in good standing with the Bar Association. That is why I provided that information. It's better than the yellow pages. Though word of mouth is always good. So you can try the court house. Most bailiff's have a finger on the pulse of what attorneys are "winning attorneys"

 

It is entirely up to you to accept. But only when you are satisfied. If you do not accept, your deposit remains on account until you choose to use it for another question, is how I understand the rules of JA