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can i appeal?


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#1 Lmlmlm

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Posted 08 February 2010 - 08:13 AM

After sentencing and conviction, how long do i have to appeal or do anything about a judgement that was too harsh, an attorney who did nothing for me, and where do you recomend i start?

#2 FindLaw_dave

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Posted 08 February 2010 - 08:18 AM

Laws vary by State, so please let us know the State you are referring to. It will allow readers to better understand and respond to your post.

Please also add some details. Was this a citation, misdemeanor, or felony?


#3 Lmlmlm

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Posted 08 February 2010 - 08:49 AM

in jefferson county colorado, was charged with assault on a police officer (4) , the person who
notified police gave false statements and admitted that i had not
broken any laws, police report was false, i have no previous record
other than traffic, the police made a mistake in protocol, was not
properly supervised medically in jail, and had an attorney who did
not work for me. i have already plead guilty and am on probation
for a felony class 5. no reasonable offers were made and my
attorney said i would do jail time if i did not plead guilty. i
would like to know what courses of action to take. main concern is
to have the felony and probation lifted or reduced, and to know if
my civil rights were violated by police, jail, courts, attorney or
by the person who called the police, and what to do about it.
thank you.


#4 Tax_Counsel

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Posted 08 February 2010 - 10:40 AM

Lmlmlm said...
i have already plead guilty and am on probation
for a felony class 5. no reasonable offers were made and my
attorney said i would do jail time if i did not plead guilty. i
would like to know what courses of action to take. main concern is
to have the felony and probation lifted or reduced, and to know if
my civil rights were violated by police, jail, courts, attorney or
by the person who called the police, and what to do about it.
thank you.


Your problem here is that you plead guilty. When you enter the plea, you admit the guilt and the facts that were alleged by the state. When you do that, you waive most appeals on the issue of guilt. Thus, it is probably not possible to challenge the conviction or get it reduced to a lesser charge now, assuming the court followed the proper procedure in accepting the plea. You can, however, appeal the sentence. Colorado's Appellate Rule 4©(1)(II) provides the time in which the appeal must be taken:

(II) If the appeal is to review a sentence following a plea of guilty or nolo contendere, or resentencing, where the imposition of sentence was the only issue before the court, then the following abbreviated procedure for appellate review of sentences will be utilized:
(A) The notice of appeal must be filed within forty-five days from the date of the imposition of sentence. The notice shall be filed with the appellate court with an advisory copy served on the clerk of the trial court which imposed the sentence. The time for filing the notice of appeal may be extended by the appellate court.

(B) Except as provided by this Rule, the Colorado Appellate Rules governing criminal appeals shall apply to appellate review of sentences.
The time for filing the notice of appeal is jurisdictional; that means that if you don't file it timely, the Colorado Court of Appeals lacks the power to hear the appeal. While the court can extend the time for appeal, it doesn't have to and it won't extend it absent some good cause. On a felony conviction, receiving only probation is a pretty good outcome, so I don't see where the sentence would be considered too harsh—and I rather think the Court of Appeals will see it the same way. The one exception to that would be if the period of probation imposed exceeded the maximum allowed.

I suggest you see a Colorado attorney familiar with post-conviction relief to see if what options you may have, since the details of your case matter. But do it promptly. Time is not you friend here, the longer you wait the fewer options you have.

Note that the DA controls the offers and the DA doesn't have to make you an offer you think is "reasonable." Your attorney can suggest an offer to the DA, but has no power to force the DA to accept any plea deal. If the state had evidence that, if believed by a jury, would be enough to convict you of the more serious charges, then he was only doing his job in pointing out to you that if you don't take the offer, you run the risk of a more serious conviction and more harsh sentence. Criminal defense is in good part reactionary—you respond to what the DA does because the DA is driving the process. So while it may look like your attorney is "doing nothing", there may in fact not be much for the attorney to do at that particular stage of the game. Whether your attorney committed malpractice is something you may want to explore with a civil litigation attorney who handles legal malpractice cases.


#5 Lmlmlm

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Posted 09 February 2010 - 07:45 AM

thank you.
my next question would be can i do anything about the way i was treated by the police. they called me names, made gestures, and jabs meant to further antagonize me at the scene. when they arrested me they went through my purse and booked in my wallet, a set of keys and $14.07. they neglected to book in my prescription medications that were in my purse (in plain sight) along with the other things. in jail i repeatedly asked and told them my medications were dangerous for me to stop abruptly, including high bp med, an antidepressant, and 2 prescription narcotics i take daily, therefore i went into withdrawals and my bp rose a fair amount. when i was released the impound lot was closed and i had to get special permission to get in and get my meds after hours, and i was told that it is against protocol not to book in a persons prescription meds with them.


#6 fightingformyson

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Posted 23 September 2010 - 10:35 AM

I have a similar situation for my son in the state of Kentucky.  He pled guilty to a sexual offense without the courts or even his attorney having any knowledge of his mental disability.  He has been receiving social security benefits for his mental disability for over 10 years.  I have 3 doctors that testified to his mental impairment, and an MRI that shows brain damage.  I have filed several appeals and cannot get the courts to consider they were negligent whatsever. My son is now living in hell because he is required to register as a sex offender.  No one knows the pain the system has caused him and his family due to their negligence.FightingForMySon




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