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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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I was found guilty of aggravated battrry with no arrest nno

Customer Question

Hello i was found guilty of aggravated battrry with no arrest nno witnesses and no proof and there were cameras at the scene that were not looked at and just lost a yrs worth of appeals and was put back on probation a week ago all this after i filed a grievance on my lawyer with the bar and dismissed him is there n e thing i can do
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
You have 30 days from your sentencing to file a notice of appeal with the state putting them on notice that you intend to pursue your appellate remedy. Once the notice is filed you can retain a post-conviction attorney to prepare your appeal on the basis of the ineffective assistance of your counsel and upon the fact that the verdict was against the weight of the evidence.
If you miss the window of opportunity to file that notice, then these two particular grounds for an appeal are denied to you and you can only appeal under very limited circumstances, which do not appear in your fact pattern.
Expert:  S. Huband, Esq. replied 2 years ago.
Hello, a different expert here.
Your previous expert was correct. Your remedy now is a habeas corpus petition alleging that your trial attorney was constitutionally ineffective. This must be the case since you were convicted despite there being no evidence or witnesses against you.
A habeas petition is a civil lawsuit, not a criminal one, and you'll need an attorney to help you with this too, as this area of the law can be quite complicated. If you don't know an attorney in your area, try the FL State Bar attorney referral service:
You're looking for someone with post-conviction relief expertise, specifically in the area of habeas corpus and ineffective assistance of counsel claims. That's a specialty, and not every attorney has the knowledge and experience to pursue this kind of claim for you.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you,