QUESTION
How can I help a friend who was convicted of capital murder in an unfair trial?
Asked on Feb 07th, 2013 on Criminal Law - Rhode Island
More details to this question:
I have a friend who got charged with capital murder and got a life sentence without parole but I, as well as his family and friends don't think that he got a fair trial and don't think that capital murder was even what he should of been charged with. It was 5 guys all friends went to a guys house to "buy" marijuana but were actually there to rob him. It was never their intention to kill him. My friend along with 2 of the other guys where outside waiting for the guy that went inside and shot the victim. My friend and the 4 other guys never went in the house, but my friend and the shooter both got life sentences without parole while the two that where standing next to my friend outside the home got 5 years probation and the driver who never got off the truck got 25 years in prison. Something here is not right and I would like someone to help my friend with his case.
8 ANSWERS
Geoffrey MacLaren Yaryan
You need to consult an attorney and determine what remedies are available. There are a number of issues which must be analysed to see if anything can be done.
Answered on Feb 11th, 2013 at 1:04 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If he still has time to appeal you need to look at that option, either going with a court-appointed appellate attorney or hire your own appeals lawyer. Keep in mind that appeals are costly both in terms of time and money as transcripts and filing fees and the initial amount of time just to sift through the case file will take quite some time, especially for a murder trial. Be prepared to spend several thousand dollars, at least, if you retain a private attorney.
Answered on Feb 08th, 2013 at 4:15 PM
You need to hire an attorney such as myself who can either file an appeal or if the appeal process has ended a writ of Habeus Corpus.
Answered on Feb 08th, 2013 at 1:59 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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The only option is to hire an attorney and appeal the decision. Make sure you get an attorney who does nothing but criminal defense.
Answered on Feb 08th, 2013 at 1:59 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Frankly, you should have considered hiring a highly qualified criminal defense attorney for the trial. It is very difficult to get a reversal on appeal or habeas, although it does happen. You don't say when the conviction occurred, which would determine what, if any, remedy your friend may pursue. But you should consult with a criminal defense attorney who specializes or is very experienced in appeals and writs. He/she will be able to evaluate the case and determine what, if any, course of action to take.
Answered on Feb 08th, 2013 at 1:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can hire an appellate criminal attorney to look into the matter and the reasons for the differing treatment of the various defendants. It is an uphill battle at best and there are strict time limitations. As the sentence was life, no parole, he has nothing to lose and everything to gain.
Answered on Feb 08th, 2013 at 1:59 PM
Your friend will likely have a direct appeal of his conviction pursued by a public defender if there is no conflict. However, most bad trials turn into bad appeals. Os the best vehicle in Colorado is a motion pursuant to Rule 35c, which would be based upon new evidence and/or challenging the effectiveness of the representation he received. A good investigation and a good post conviction lawyer would be the first steps in trying to get justice.
Answered on Feb 08th, 2013 at 1:57 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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It is not that simple - you would need to forward a copy of the transcript of the sentencing hearing.
Answered on Feb 08th, 2013 at 1:56 PM