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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117370
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son who is a felon, gold sealed not in trouble for almost

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My son who is a felon, gold sealed not in trouble for almost 10 years, got in trouble in Idaho!! I hired an attorney for him, retained him he only visited him 3 times, my son was indited to the grand jury, I purchased the file, my son never even got to read it,he said his computer was broken and talked to my son about fishing promising to come back and he did not. He told my son not to go to his PSI until he came and talked to him and he never showed up and he had to go or get in trouble with the court.the other two people in his case, one got withheld judgement, the other a rider, he got 4 years fixed and 21 years indeterminate!! a little unfair I`d say. The lawyer told him not to tell the whole story, because it involved my sons friend and a gang member said it would piss the judge off and refused to ask for bail reduction, after the court date refused to file an appeal. my son would call me and complain I would call the lawyer when he would call me back, also 3 times only left us hanging, but i did not understand and he would convince me he was doing what my son needed. Then after court he told us he got us what we wanted, 4 years he said we would get 3 but we would take 1 extra year and only 8 indeterminate so he could go to the farm and work and help support his family which they greatly are in need of BUT it wasnt true what he told us!! how can he do that? and can we file a complaint, sue, what
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Based on what you are describing it sounds as though you are describing "ineffective assistance of counsel" which is a ground for appealing the case and getting his verdict overturned. It could also be grounds to sue the attorney for malpractice as well as filing a complaint with the Idaho bar against the attorney.

At this point there are several things for you to consider.

First, you must consider getting your son a criminal appeal attorney and get a review of his case to file an appeal based on ineffective assistance of counsel and any other issues the attorney finds in the case file upon reviewing the record.

Second, depending on what the criminal appeals attorney finds, then you would consider filing a complaint to the Idaho bar disciplinary counsel against the attorney for not properly representing your son.

Finally, you would be able to sue the attorney for malpractice if the disciplinary counsel and/or the criminal appeals attorney finds that the prior attorney did not perform properly as you described.

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Customer: replied 3 years ago.

my son has already filed for a rule 35 motion and it was granted one. He is asking and he wants to ask for leniency because the judge assigned him a class that he can not even take until he has been in 4 years! and he got

4 yrs determinate and time servered with was 162 days so that puts him up for parole in 3 1/2 yrs.

to reduce indeterminate time so he can transfer prison and work for his family .

he is not saying he didnt do something wrong but he doesnt want to spend the rest of his life in prison, he has a wife and two small children and he is worth the trouble, he just did a bad dumb thing.

So how much would an appeals lawyer cost I dont have much money left or approximate? never mind I guess what is important is should he go through with the rule 35 or get an appeals lawyer?

Thank you for your response.

We get the question of attorney costs all of the time. These costs would vary based on the experience of the attorney and the complexity of his case and could range anywhere from $5000-$10,000 or more. If he cannot afford that or you cannot afford to help, then you need to contact the public defender's office appeals section to seek to get them to represent him.

He should go through the appeal if what you say happened did happen as it does not appear he received proper representation. It does not hurt him to pursue the appeal as he can seek the reduction in sentence as part of that, but if what you say happened is proven it is certainly good cause for an appeal.
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Customer: replied 3 years ago.

ok 1 last question, since his attorney did not file an appeal after the sentencing, isn`t there a time limit, can he still do that?

There is supposed to be 30 days to file an appeal, but in the case of arguing ineffective assistance his appeal attorney will seek permission of the appeals court to file the appeal out of time and many times (more than not) the permission is granted.