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If someone was represented by a public defender by a jury…

If someone was represented by...
If someone was represented by a public defender by a jury trial and is unhappy with their representation, not just because of the verdict but because of the strategy, is there anything that can be done after a verdict has been rendered but before sentencing?
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Answered in 5 minutes by:
3/15/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,431
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 4 months ago
Ok. I know that he can get private counsel to review the transcripts and, if warranted, request a new trial. However, if someone used a pubic defender in the first place it is because they couldn't afford private council. Just FYI.

Your remedy is a post-conviction remedy.

You need to talk to your present lawyer and ask him to file a motion to get you bail pending appeal if you are incarcerated on your sentence date. Then tell him that you also want him to file a notice of appeal to preserve your rights. He would do that and turn the file over to a post-conviction lawyer not affiliated with the public defender's office so that you can overturn the verdict, if successful, on the basis of ineffective assistance of counsel.

Trial strategy is exclusively the province of the lawyer, unfortunately. So it's not reversible error that he didn't go with a strategy that you would have preferred. But he still could have provided you with ineffective assistance.

Can you stop the sentenciing? You may be able to get a continuance for a more convenient date, but no.

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Customer reply replied 4 months ago
Well, there are a few things for ineffective assistance. The public defender (PD) didn't even try to prove him not guilty of some of the charges- just the felonies. She wanted him to take a plea for misdemeaners which he did not because he felt he is not guilty and she would show that in the course of the trial. However, she never challenged the credibility of the witnesses which was huge in this type of case. An expert witness was brought in the day the trial started, she objected, but did nothing to bring in a witness to counter.So, in terms of appeal....I thought that if he were sentenced to a jail term there was no bail after a conviction. That basically you stayed in jail until the appeal was granted? He could be out on bond right now until his sentencing next month but the bail is just too high. So, what I think you are saying is that he can be granted bail, after he sentenced (even with a jail term) if he files a motion for bail and appeal?
Customer reply replied 4 months ago
If so, is he still considered convicted before the appeal is heard?

Sorry for the delay. I am answering other customers too and I take follow ups in turn.

He is already convicted, but he's yet to be sentenced. There usually is no bail after sentencing, but his lawyer or a new lawyer can go to a higher court and argue there for bail pending appeal. It doesn't have to be granted but it many times is depending upon the nature facts and circumstances of the case. That would allow him to remain at liberty while the appeal goes on.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,431
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 4 months ago
OK. Thanks.

If he doesn't trust his present lawyer, you may want to get someone else to do this to make sure the application is made and that an appeal does get filed.

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