woody
11-03-2003, 02:36 PM
does any one know how long you have to appeal??? they told him he only had ten days but wont tell him how to.
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View Full Version : appeals woody 11-03-2003, 02:36 PM does any one know how long you have to appeal??? they told him he only had ten days but wont tell him how to. MommaHen 11-03-2003, 03:46 PM Appeal What? A write up the sentence What? woody 11-03-2003, 04:59 PM To appeal his sentence. I thought you were suppose to have 30days, but they are only given hin 10days but they won't tell him how to file for an appeal. MommaHen 11-03-2003, 05:34 PM The Lawyer should be doing that . He would have the whys and what fors. woody 11-03-2003, 05:51 PM Hos lawyer hasn't even talk to him since he has been in jail and hasn't given him the papers saying what he has been chagred for or what anything, he has a Public Pretender. He don't do anything for him at all. haswtch 11-03-2003, 05:57 PM I would be on the line to the head of the Public Pretenders office right away. In NY filing the notice of appeal is part of the lawyer's pofessional duty and it would be illegal if they didn't, I think. But you probably can file it yourselves- go online or to a stationary store- it's just a piece of paper at this stage woody 11-03-2003, 06:52 PM i went on line but can not find the right sight??? freedom2b 11-26-2003, 03:14 AM A person has ten days from the date of sentencing on a plea of guilty to withdraw his plea. A person has ten days from the date of sentencing if convicted to give a Notice of Intent to Appeal. The trial attorney should have done that, and usually it is done automatically if convicted by a jury. In my opinion it is the trial attorney's duty to file the Notice of Intent to Appeal because of the short time frame in which to do it. If it is an indigent case, the court will usually find the person indigent (whether or not he had retained counsel at trial) - if retained counsel, he will allow the retained counsel to withdraw and then appoint the Oklahoma Indigent Defense System to continue the appeal. If none of that was done, a Motion should be fille requesting an appeal out of time due to the failure of trial counsel to file the Notice of Intent. But, time is of the essence, the longer one waits to file the documents, the more difficult it is to obtain relief. woody 11-26-2003, 07:50 PM thank you very much. i just found out that they did not even tell any one that he wanted to apeal, i will pass this on to him asap. |