Summary
After being appointed an appeal attorney, the client should wait for the attorney to reach out, typically within a few days to a week. A court-appointed appeals attorney represents the defendants interests. Constructive possession charges can still stand even if safecracking is dismissed, based on access or control over the item. The success of an appeal depends on the strength of the grounds, quality of arguments, and evidence handling. Consult an appeals attorney for a detailed evaluation.Full Conversation
once your appointed an appeal attorney, do the client have to wait for the attorney to reach out to begin the case?
Hello Hellen, typically, after being appointed an appeal attorney, the client should wait for the attorney to reach out. The attorney will review the case and plan the next steps. However, if you have urgent concerns, you can proactively contact your attorney. It's important to maintain open communication.
how soon would the attorney reach out to the client?
The time it takes for an attorney to reach out can vary, but typically, it should be within a few days to a week. If there is a delay, it's advised to contact the attorney's office.
If it’s a court appointed appeal attorney would they likely work with the state or the defendant?
A court-appointed appeals attorney is designated to work on behalf of the defendant, not the state. Their role is to represent the defendant's interests and challenge the initial verdict.
What is your thoughts on a case about a defendant who was charged with possession of firearm by felon, felony larceny, misdemeanor larceny and safecracking. the misdemeanor larceny charge he was found not guilty and the safecracking was dismissed due to insufficient evidence. The case is about a gun that was locked in a safe with a combination lock. if the safecracking was dismissed why is they still being charged for possession if they never touched a gun?
Generally, the charge of possession can be based on either actual or constructive possession. Constructive possession means the person had access to or control over the item, even if they didn't physically touch it. However, this can vary depending on local law.
Okay. How could you convict someone for constructive possession if the whole safecracking was dismissed? & there is no actual evidence proving the guilt?
The legal concept of constructive possession can be complex. Generally, a person can be convicted for constructive possession if:
- They had knowledge of the object
- They were in a position to exercise dominion or control over the object
The dismissal of the safecracking charge doesn't automatically negate the possibility of constructive possession. However, this varies by jurisdiction.
taking this case to court of appeals from your knowledge with no actual consent to doing it, witnesses statements not matching, not full video footage would it be successful?
The success of an appeal depends on various factors:
- Strength of the appeal grounds
- Quality of the attorney's arguments
- How the evidence was handled in the trial court
However, it's essential to consult directly with an appeals attorney to evaluate potential outcomes.
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