QUESTION
Defendant has an appeal in court the lawyer on file may have abonded his case, if he hires a new attorney will his appeal have to be refiled?
Asked on May 09th, 2013 on Criminal Law - New Jersey
More details to this question:
Defendant was arrested in NYC Sept 2011 for an ongoing criminial case that origninated in the state of AZ, and later dismissed. There were co-defendants in the case also that resided in NJ. The proscecutions saught an indictment against the defendant for conspiracy, and re-arrested him and sentenced him to 18 years in prison in NJ state where he never committed a crime on conspiracy to distribute marijuana fromt he state of AZ. the attorney that was on the case, has been ineffective and appears to not very knowledgable in the law where he caused the defendant his freedom by making him plead guilty to a crime he never committed, and now he's been incarcerated for 19 months awaiting an appeal and the courts keep postponing his cases, delaying his paper work and the attorney made judgements on his behalf with out consulting him about the case. He wants to post bail and the attorney keeps misadvising and not being honest with the client about his case.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the above noted 'statement of facts' seems to indicate that the defendant plead guilty in NJ to 'conspiracy' for drug activities which occured in arizona and NJ. he received an 18 year sentence in NJ. the defendant has filed an appeal in NJ arguing certain issues including 'ineffective assistance of counsel'. in addition, the defendant seeks bail pending the appeal. please let me know if that is correct. if the 'facts' are correct, please be advised that we would be honored to represent the defendant on appeal. i would need to review the 'plea form' and plea transcript, the 'pre-sentence report', 'judgment of conviction' and sentence transcript, as well as the basis for the appeal. i look forward to discussing the case. ed dimon, esq. 732-797-1600 ext 235
Answered on May 09th, 2013 at 3:14 PM