Understanding North Carolina Appeals

Summary

The user asked about the process of filing an appeal in North Carolina. The lawyer explained that after a judgment, you have 30 days to file an appeal and then an appellate lawyer can be assigned or hired. The lawyer also clarified that lawyers often write to their incarcerated clients to communicate case updates and legal strategies. The lawyer further explained that legal ethics rules require attorneys to maintain confidentiality about client information, but they can share information with family if the client gives permission. The lawyer also discussed the first steps after hiring an appeal lawyer, the possibility of an appeal bond, and the reasons a judge might not grant an appeal bond. The lawyer also discussed the timeline for starting an appeal case, the possibility of filing more than one Notice of Appeal, and the possibility of a prosecutor adding more charges. The lawyer also discussed the grounds for an appeal in North Carolina, including errors during the trial process, new evidence, and inadequate legal representation. The lawyer also explained that starting a trial without the defendant present can potentially

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Do lawyers first write a letter to their defendant while they’re incarcerated once hired?
Yes, lawyers often write to their clients who are incarcerated. It's their way to communicate case updates, legal strategies, and other relevant information. The frequency and method of communication can vary depending on the lawyer and the circumstances of the case.
can the family find out information when appeal lawyer is first hired or do the defendant talk with them first?
In North Carolina, legal ethics rules generally require attorneys to maintain confidentiality about client information. However, the lawyer can share information with family if the client gives permission. It's ultimately up to the client to decide who they share information with.
what’s the first thing that happens once appeal lawyer is hired? do client get appeal bond?
Once an appeal lawyer is hired, they review the case, identify grounds for appeal, and draft a 'Notice of Appeal'. An appeal bond isn't automatically granted; it depends on the judge's discretion and the case's circumstances.
if the appeal lawyer see that there is a chance for a good appeal case would they tell the client that?
Yes, an appeal lawyer will typically inform the client if they believe the case has a strong chance for appeal. They are obligated to communicate honestly and openly about case developments and strategies.
if a client gets an appeal bond do they have to have an address on file if they had probation added on to that sentence?
An appeal bond does typically require an address for the defendant on file. This is to ensure that the court can maintain contact. However, this can vary depending on the specifics of the case and the court's requirements.
what’s a reason the judge wouldn’t grant someone an appeal bond?
In North Carolina, reasons a judge may not grant an appeal bond could include:
- The defendant is deemed a flight risk
- The defendant poses a danger to the community
- The appeal is considered to not have merit
how long after the appeal lawyer is hired do the court start the case?
The timeline for starting an appeal case varies but typically, once the 'Notice of Appeal' is filed by the lawyer, the appellate court sets a schedule for the exchange of legal briefs. This process can take several weeks to months depending on the court's schedule and case complexity.
So there’s more than one notice of appeal that has to be filed?
Typically, a single 'Notice of Appeal' is filed to start the appeal process. However, in some cases, additional notices might be required, such as if new issues arise or if an existing issue needs to be amended. Can you provide more details about the case, so I can give you more accurate information?
if the case has merit and the prosecutor notice that could they add more stuff on the defendant?
Yes, in certain circumstances, a prosecutor can add charges or enhance existing charges if new evidence surfaces. This typically occurs before trial, but can also happen during appeals if permitted by law in North Carolina. This is a complex area of law, so specifics can vary on a case-by-case basis.
So the case is about someone who was charged with possession of firearm by felon, and felony larceny they were also charged with misdemeanor larceny which they was found not guilty and safecracking which the court dismissed. However, the case is about a gun that was locked inside a safe with a combination lock, the court dismissed the safecracking because there was insufficient evidence but kept the other two charges
Understanding the charges and the evidence is crucial for an appeal. Since the safecracking charge was dismissed due to insufficient evidence, does the client believe there's significant new evidence or procedural errors that could impact the firearm possession and felony larceny charges?
no new evidence has been submitted or mentioned, but procedural errors occurred like the trial starting before they arrived, witnesses statements not matching, portion of a video that doesn’t show anything, and never admitted to anything especially with “text messages” the prosecutor submitted into evidence.
In North Carolina, grounds for an appeal may include:
- Errors during the trial process.
- New evidence that could possibly change the verdict.
- Inadequate legal representation.
If procedural errors are substantial and could have affected the trial's outcome, they might serve as a valid ground for appeal. However, the specific impact of these issues would need to be assessed by a legal professional.
Being that the trial started before their arrival isn’t that grounds for an appeal itself?
Yes, starting a trial without the defendant present can potentially be grounds for an appeal in North Carolina. However, the impact of this procedural error would need to be evaluated in the context of the entire trial. A legal professional can provide more detailed advice.
What if they let the judge and attorneys know ahead of time and had a note to show evidence
If the defendant has informed the judge and attorneys in advance about their late arrival and has evidence in the form of a note, this could potentially strengthen their appeal case. However, it's crucial to consult with a legal professional who can assess the overall impact of this procedural error on the trial's outcome.
when prosecutors submit something into evidence during trial and the judgment is made isn’t that all the appeal judges look over?
An appellate court typically reviews the trial court's record, which includes submitted evidence, court transcripts, and the final judgment. However, they primarily consider whether legal errors affected the trial's outcome. New evidence is typically not considered unless it was unavailable at trial. Do you have specific concerns about the evidence?
When they review the submitted evidence and they see that it doesn’t show or find the defendant guilty of anything would that persuade them to believe the defendant is innocent?
An appellate court in North Carolina does not determine guilt or innocence. They review the trial court's process for legal errors. If they find significant errors, they may reverse the decision or order a new trial. The original evidence not proving guilt might not be enough for an appeal.
what type of legal errors do they look for when reviewing the court records?
When reviewing court records, the appellate court in North Carolina looks for legal errors such as:
- Incorrectly admitted or excluded evidence
- Misinterpretation of the law
- Procedural errors, like the trial starting without the defendant
- Jury misconduct
- Inadequate legal representation.
Does the court records show when the trial started without a defendant?
Yes, court records typically include a detailed timeline of the trial proceedings, including when the trial began. If the trial started without the defendant present, it should be noted in the record. However, it's best to consult with a legal professional who can review the records accurately.
If the main charge “safecracking” was dropped and the gun was supposedly in the safe that had a combination lock but the charge was dismissed, how could someone posses a gun if they don’t have evidence proving it without a reasonable doubt?
This is a complex issue. It seems the court found sufficient evidence for the firearm possession charge, independent of the safecracking charge. However, if you believe there's a discrepancy, it could potentially be grounds for appeal. Consult a legal professional for tailored advice.
If the prosecutor submitted “text messages” “ camera footage” and “the safe” as evidence and neither shows the defendant actually doing anything how would the appeal lawyers look that that?
Appeal lawyers would carefully review all submitted evidence. If they find that the evidence doesn't clearly show the defendant's guilt or if it was improperly admitted, they may argue for an appeal based on these grounds. It's important to consult a legal professional for a thorough analysis.
Thanks for your help!
You're welcome! If you have any more questions in the future, don't hesitate to reach out. Wishing you all the best with your legal journey.