OUR SON APPEAL HAS BEEN DENIED AND WHAT CAN WE DO NEXT. THERE ARE NO EVIDENCE AND HE IS STILL IN PRISON
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
OUR SON APPEAL HAS BEEN DENIED AND WHAT CAN WE DO NEXT. THERE ARE NO EVIDENCE AND HE IS STILL IN PRISON
Asked on June 17, 2009 under Criminal Law, California
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In order for your son to be incarcerated, he is either being held on bond or he has been convicted of a crime. If he is being held on bond there is no way that an appeal has been resolved due to the fact that the filing of the appeal requires, in most instances, for a conviction to have been entered. On the other hand, if your son has already been convicted, he was either convicted at trial or through a plea. If he was convicted at trial, the jury must have believed that there was some evidence to convict him. If he entered a plea, he should not have done so if there was no evidence to convict him. Nevertheless, assuming that your son has been convicted and the appeal was unsuccessful, there may still be other legal avenues for him to pursue. He may attempt to obtain a sentence review and/or modification. Or, he may file a habeas corpus petition, alleging ineffective assistance of counsel. I recommend you consult with and/or retain a criminal defense attorney to discuss what options remain available to your son at this point in the proceedings.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.