How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Nate Your Own Question
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
Type Your Criminal Law Question Here...
Nate is online now
A new question is answered every 9 seconds

In August 1rst. 2013,my son was charged with 3rd degree child

This answer was rated:

In August 1rst. 2013,my son was charged with 3rd degree child molestation,crime that he did not commit. The ruling was base in who the judge find credible,beacause no was physical evidence, and of course she believed the younger child, and my son was charged. Do you think I have ground to pursuit an appeal?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Was there already a trial date, and was there a jury?
Customer: replied 3 years ago.

He already had a trial, and no, no jury

That is somewhat surprising to hear. No criminal defense lawyer in their right mind would have a judge-only trial in a case like this.

You mentioned August 1 in your original question. Was that when he was charged or when the trial occurred?
Customer: replied 3 years ago.

My son was 15yrs. at the time, court proceeding star on Dec.24,2013; on August 1rst, sentence was carrying on, end of the trial.

Timelines are very important for appeals, and I want to make sure it is not too late to pursue an appeal.

Was a Motion for New Trial ever filed by his lawyer and heard by the judge? If so, what date was it denied?
Customer: replied 3 years ago.

The defend lawyer suggested that not pursuit an appeal,because in this cases they just look for the perfomences and procedure of the court; and that is the part that confused me.....It's my son is innocent, why I can't appeal?

I see what has happened now.

Essentially, the lawyer did not want to appeal. Appealing a criminal conviction, especially something serious like this, is something that is practically automatic in the practice of criminal defense. It is an appeal of right, and he will still be able to get the appeal. It will just take longer to do it.

He will need to file for what is called "post conviction relief" and will be able to show that his lawyer was ineffective in not pursuing an appeal. The court will then grant him time to file a Motion for New Trial and appeal.

If you retained this lawyer, you will likely have to retain another one to pursue this. If this lawyer was appointed / public defender, go ahead and contact the public defender's office and tell them your son never got his appeal and would like to pursue a post-conviction petition. They can guide you in the right direction.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 3 years ago.

Appreciate your time and thank for answer my question,

Wish me luck, because I will pursuit this to the end.

You are welcome. It's worth the time. This sort of thing, even has a juvenile, can follow him the rest of his life.

Please be sure to rate my service before you go and feel free to call on me again if you have future questions.

Good luck!
Nate and other Criminal Law Specialists are ready to help you