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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116727
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Friend sentenced 11 years offense. Lawyer was ill

Customer Question

friend sentenced 11 years for first offense. Lawyer was ill prepared and actually made the defendant look worse. Looking to file a 2255 for ineffective counsel. From New Jersey but serving time in Fairton FCI, arrested in Pinellas County FL. Can not afford attorney
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
convicted of felony 1 with conspiracy with intent.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your actual question for us about this matter and what information can we provide you?
Was he convicted in federal court or state court? Was a motion for post conviction relief filed or an appeal of his sentence filed?
Customer: replied 2 years ago.
If he needed a federal lawyer in a federal institution wouldn't that mean he was in a federal court? He has not filed anything yet as he has no representation. He wants to file a 2255 for in effective counsel. My actual question, who can i go to for help. hes eligible for free counsel but who do i call? someone in NJ? someone in Florida? im not very knowledgeable to these cirtcumstances
Customer: replied 2 years ago.
if he needed a federal lawyer and was sentenced to a federal instutuion****
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If he is sent to a federal prison, it means he was convicted of a federal crime in federal court. The Federal Public Defender's Office has an appeals division for him to appeal or file a motion for post conviction relief, which he must do first before he files his Habeas writ.
He would need a federal criminal appeal attorney and will need one in the state where he went to trial as that is where the appeal or post conviction relief case has to be found.
If this is a federal offense, also the crime and the sentencing guidelines have to be reviewed, because the federal courts follow strict guidelines on sentences and if his sentence is within that guideline he could not appeal the sentence and only the conviction. He also needs the local attorney to review the actions of the previous attorney, because if the attorney did nothing wrong, the 2255 is going to be denied.