Families of Prisoners Support Group
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Does anyone know know how the process works? We had a public defender for the trial and he got found guilty, the day of the sentencing the public defender filed the appeal. Now his parents hired an attorney (so does she take over for the pellet attorney or does she have to file a whole new appeal? ??? I'm kind of mad cuz I'm doing all this work for her which his parents paid her to do. She wants me to call the pellet attorney and see if they can file an extention. Now the 60 days they gave us is up on the 31st. Shouldn't a real attorney have known about the process and should have already done what needs to be done. I told her 2 weeks ago about the pellet attorney and she wanted my husband to send her the letter he got. She still hasn't even gotten the trial transcripts from the court yet???? Isn't she supposed to know how to do her job or am I just freaking out over nothing. Please help me understand the process.
At this time the PD might---but not likely---filed a Notice of Appeal.
If not, then your new attorney will have to file a Notice of Appeal. This has to be filed in a timely fashion, but the deadline for filing differs from state to state. The deadline for the Notice of Appeal to be filed in most states is 60 days.
After the Notice to Appeal is written into the record, the new attorney will take the transcripts and write the appeal to the Court of Criminal Appeals in your state.
Yes, your new attorney will just take over from the PD. She will file the appeal.
She can file an extension if it is needed.
The trial transcripts sometimes take some time, as the attorney has to get them from the court reporter.
Your new attorney should be doing all the work. She needs to find out if she can file an extension.
Once written, the verdict on the appeal might take up to one year. Mine took three years in Oklahoma back in the 1990s.
If he wins on appeal, the Appellate court will most likely remand the case back to the county from where he was convicted. Basically, the process is repeated. At this time your guy can plea bargain with the DA or go back for a retrial.
Hope this helps,
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