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Thread: Legal advice

  1. #1
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    Legal advice

    I'm not in trouble, but have a family member that was convicted just recently and there were several issues we have and we are looking at an appeal. I thought I remembered hearing about a few law school guys on here or maybe even some lawyers. Anyone familiar with the appeals process, etc. If anyone is willing to help, send me a PM or reply to this and I will PM you. I can ask specific questions, or fill you in on the whole story if you like.

    Thanks in advance for any help!

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  3. #2
    Big Red Machine RedsBaron's Avatar
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    Re: Legal advice

    I'm a lawyer, but I do not do criminal law, and I only practice in WV, so I cannot help. The best advice I can give is that your family member should retain a lawyer concentrating in criminal law ASAP. If he or she cannot afford a lawyer one may be appointed at government expense.
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."

  4. #3
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    Re: Legal advice

    You could probably answer these questions though....

    What are the grounds to appeal?

    Jurors falling asleep during the trial?
    Wrong jury instructions?
    Insufficent evidence? (and who decides this?)

    And do you know anything about a plea bargain deadline? The state offered my family member a plea bargain a week before the trial, but the judge declined. This seems to be really unfair IMO.

  5. #4
    Big Red Machine RedsBaron's Avatar
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    Re: Legal advice

    Quote Originally Posted by TeamSelig View Post
    You could probably answer these questions though....

    What are the grounds to appeal?

    Jurors falling asleep during the trial?
    Wrong jury instructions?
    Insufficent evidence? (and who decides this?)

    And do you know anything about a plea bargain deadline? The state offered my family member a plea bargain a week before the trial, but the judge declined. This seems to be really unfair IMO.
    Erroneous jury instructions are almost always a good basis for an appeal-whether the instructions were in fact erroneous and/or whether the error was harmless is another matter. Insufficient evidence is also a possible basis, but it is up to the trial judge, and then the appeals court to make that determination. However, if not objected to during the trial itself, a lot of errors can be deemed to have been waived-in other words, if you see a juror asleep, you had better call that to the attention of the court, on the record.
    It is my recollection that a judge has the right to reject a proposed plea bargain.
    Again, your family member needs a criminal defense lawyer, who practices in your area, ASAP.
    "Hey...Dad. Wanna Have A Catch?" Kevin Costner in "Field Of Dreams."


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