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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is in prison. He took a plea deal. Since he has been

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My son is in prison. He took a plea deal. Since he has been in prison he did research on the gun laws. He has found out that he is in prison on an illegal sentence. He was charged with deadly weapon (bb gun) in order for the deadly weapon enhanement law to stick his bb gun had meet certain specifications such as the size of the projectile. His Bb gun did NOT meet this. How can I go about getting him some help? His lawyer that I hired on the case did not help at all. My son has filed appeals with district court and Supreme court. They said his lawyer must do this. Problem is his paid lawyer and I have fallen out. Where do I go forom here to get him assistance?

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

If your son is incarcerated under an illegal sentence that is grounds for an appeal. If the enhancement is indeed illegal the appeal can be successful and can shorten his sentence.

His appeal was likely rejected because inmate appeals do not typically conform in format or law to state requirements. You need to get a lawyer to file the appeal. Because the grounds are constitutional, he shouldn't be time-barred from filing it if it takes you some time to find a lawyer. But there's no requirement that his original paid lawyer has to be the one to assist him. You're free to hire him a post-conviction (appeals) lawyer to get the job done right.

Customer: replied 2 months ago.
I'm am not in the financial Position to hire him another Lawyer. How can I find someone to help him?

Sorry for the delay. I was not alerted to your response.

Call the public defender's office. They will know who does pro bono appeals for indigent defendants in your jurisdiction.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 2 months ago.
I called the public defenders office. They don't have any pro bono lawyers that can help. What else can we do?

You would have to call law firms/lawyers who do appellate work and see if you can interest them in your son's predicament. All lawyers have to do some pro bono work to stay in good graces with their bar. You may be able to interest one of them or to get referrals to appellate lawyers interested in pro bono work.

Nevada does not seem to have an agency that does pro bono criminal appeals.

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