Do I have grounds for an appeal in a 12 year old case based on misrepresentation of the Attorney? 7 Answers as of July 02, 2013

Instead of properly representing his client, he terrorized his client into pleading guilty to a crime he did not commit.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can appeal, If you can afford to retain an attorney.
Answer Applies to: Georgia
Replied: 7/2/2013
Universal Law Group, Inc. | Francis John Cowhig
If it has been 12 years since the conviction, there is probably very little, if anything, you can do.
Answer Applies to: California
Replied: 6/27/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You might have grounds based on ineffective representation of counsel. You would need to retain legal counsel to bring a claim for a writ of habeas corpus. This is an expensive process but it can be successful in appropriate cases. Please feel free to call if you would like a free brief consultation.
Answer Applies to: New York
Replied: 6/27/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I cannot imagine why you would have waited so very long to raise an issue with your counsel all these years! I hate to tell you, but any appeal should have been raised long before now, like just after the verdict and sentenced was entered by the court. For all we know, the guy may have died or retired after all these years. Think ahead, not back!
Answer Applies to: Illinois
Replied: 6/27/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
You would not appeal the case, because if a plea was entered in the case without a trial, then there are no findings to appeal. The correct procedure is to make a Motion to Vacate Guilty Plea, which is a formal motion made to the court where the guilty plea was entered, asking the court to withdrawal the guilty plea. What this essentially does is turn back the clock on the case if the motion is granted, and reopen the case at the point before the plea was entered in court
Answer Applies to: New York
Replied: 6/27/2013
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