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  #1  
Old 11-27-2010, 05:07 PM
amason1 amason1 is offline
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Default Appeal or not Appeal/Extra time is appeal not granted?

Is it true that if he/she has found counsel to be inadequate and decides to appeal, can they get more time added to their time if it turns out to be wrong?
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  #2  
Old 11-28-2010, 08:24 AM
Paralegal USA Paralegal USA is offline
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That is incorrect, except in rare situations.
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  #3  
Old 11-28-2010, 10:51 AM
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No.
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  #4  
Old 11-29-2010, 03:50 AM
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Default Where is Justice?

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No.
My son has a mandatory 7 year sentence and the sad part about it is the guy he was with confessed on paper and a recorded confession that had not been for him my son wouldn't have been there. I don't understand why that didn't count for something. Where is a law that protects under a situation like this?
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Old 11-29-2010, 06:21 AM
Paralegal USA Paralegal USA is offline
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That suggests ineffectiveness on defense counsel's part. Instead of pursuing direct appeal at this point, it may be better to file for relief under Alabama Rules of Criminal Procedure Rule 32.
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  #6  
Old 11-29-2010, 10:05 PM
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Default sticky situation

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Originally Posted by Paralegal USA View Post
That suggests ineffectiveness on defense counsel's part. Instead of pursuing direct appeal at this point, it may be better to file for relief under Alabama Rules of Criminal Procedure Rule 32.
I'm grasping at straws here because I don't know what to do next. Is there any suggestions I can do to move this situation forward without possibly increasing my son's time?
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  #7  
Old 11-29-2010, 10:33 PM
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Did your son take a plea deal or did he go to trial? If he took a plea and he is now trying to withdraw the plea, that is the only way he is exposed to an increased sentence -- because once a plea is withdrawn, the entire "deal" goes away, including dismissal of any other charges or cases and the agreed upon sentence. He will be facing all original charges and all original sentence exposure.

However, if he went to trial, then don't worry about an increased sentence as a result of collaterally attacking his conviction.
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  #8  
Old 11-30-2010, 10:34 PM
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Default sticky situation

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Originally Posted by Colorado_Lawyer View Post
Did your son take a plea deal or did he go to trial? If he took a plea and he is now trying to withdraw the plea, that is the only way he is exposed to an increased sentence -- because once a plea is withdrawn, the entire "deal" goes away, including dismissal of any other charges or cases and the agreed upon sentence. He will be facing all original charges and all original sentence exposure.

However, if he went to trial, then don't worry about an increased sentence as a result of collaterally attacking his conviction.
He was facing according to his lawyer,22 years, but took a plea for 10 years, 7 mandatory. None of other guy confession about him not being there if it hadn't been for him came up during the sentencing. The lawyer said nothing on my son's behalf, I don't if it was because the judge didn't want to hear it or what. I wasn't even allowed to have my son mentally evaluated. I know what he done was wrong, but he too was a victim of this situation, and I don't understand why that wasn't important also.Where is the help for those that are also victims in a situation like this? Where is the law to protect them?
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Old 12-01-2010, 10:36 AM
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Your son can file a motion to withdraw his guilty plea for ineffective assistance of counsel. However, if he is successful in withdrawing the plea, then he will face the original charges and original maximum sentence of 22 years.


Quote:
Originally Posted by amason1 View Post
He was facing according to his lawyer,22 years, but took a plea for 10 years, 7 mandatory. None of other guy confession about him not being there if it hadn't been for him came up during the sentencing. The lawyer said nothing on my son's behalf, I don't if it was because the judge didn't want to hear it or what. I wasn't even allowed to have my son mentally evaluated. I know what he done was wrong, but he too was a victim of this situation, and I don't understand why that wasn't important also.Where is the help for those that are also victims in a situation like this? Where is the law to protect them?
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