Misdemeanor Appeal Process Insights

Summary

The user is seeking to appeal a misdemeanor conviction for trespassing in North Carolina, claiming that their attorney did not introduce crucial audio and written evidence. The attorney allegedly persuaded the user to accept a plea deal instead of going to trial. The user expressed dissatisfaction with the outcome, which included supervised probation. The user is considering filing an appeal and a complaint against the attorney for ineffective assistance of counsel. The user has also sent the judge a copy of the audio evidence. The user is currently facing financial difficulties and is considering applying for a court-appointed attorney for the appeal process. The user has written communication with the attorney expressing their desire to go to trial and introduce the evidence.

Full Conversation

Nc
What is the name of the court where your case was heard? In North Carolina, you generally have 30 days to appeal a misdemeanor conviction.
Beaufort County
What is the specific reason you believe the evidence was not introduced?

For North Carolina:
- Appeals must be filed within 30 days of judgment.
- Beaufort County Clerk of Court: (*) *-*.
My attorney simply plea bargained without going to trial. Had he gone to trial, thus evidence (* minute audio) a d * pages of Verizon texts would have changed it all
Did you express your desire to go to trial to your attorney? Ineffective assistance of counsel can be grounds for appeal if you can prove your attorney's actions were not strategic and prejudiced your case.
Yes, I did, mainly so the evidence could be heard. He leaned me towards pleaing and a fine and would makeva deal with the DA for Unsepervised probation. That didnt happen. The DA recommended the opposite, 1 year Supervised Probation.
Did you sign any agreement or document that stated you were accepting the plea deal?

For North Carolina:
- Plea agreements must be voluntary and knowing.
- Beaufort County Clerk of Court: (*) *-*.
That, I dont belive so.
Did your attorney explain the consequences of accepting the plea deal to you? In North Carolina, attorneys are required to explain the consequences of plea deals to their clients.
The Defendant on audio clearly states I wasnt Tresspassing, she also stared on audio she went to both the DA, Magistrate and Victims impact to drop it because I wasn't Tresspassing.
Did you discuss this audio evidence with your attorney and if so, what was their response?
I not only duscussed the audio, I sent it to him, as well as the Verizon documents. He said, "she obviously is lying, but the State took over the charge not her." I understand that. But during the sentencing phase of Tresspassing, she told tge Judge I WAS Tresspassing, that I was fully intoxicated, and that she called and spoke to the police.
What actions have you taken since the sentencing?

For North Carolina:
- You can file a motion for appropriate relief if you believe there was an error in your trial.
- Beaufort County Clerk of Court: (*) *-*.
In the audio, she stared I had * drinks and that she never spoke to police "before, during, or after" the arrest. Its very clear to here.
Have you filed a complaint against your attorney for ineffective assistance of counsel?
My actions havent been legal. But, I did send the Judge a copy of the audio.
Have you contacted the Beaufort County Clerk of Court to file an appeal or a motion for appropriate relief?
I havent filed on my attorney yet. The case has taken a hit on my finances, it was an 8 month Court case, and I lived * hours from Court = travel $ and Attorney
What is your current financial situation? Are you able to afford an attorney for the appeal process? In North Carolina, there are legal aid services available for those who cannot afford an attorney.
My finacial situation is I now naje $*/week, have to pay Probation $* a month, and have a few other bills.
Have you considered applying for a court-appointed attorney for your appeal due to your financial situation? In North Carolina, you may be eligible for a public defender if you cannot afford an attorney.
This is why I contacted you. I wouldnt know where to begin, or who to contact.
Have you tried contacting the North Carolina Office of Indigent Defense Services? They can help you apply for a court-appointed attorney. Their contact number is (*) *-*.
There are two issues, an Appeal and ineffective Counsel. I have not contacted them
What is the name of your previous attorney? It's important to have this information for the appeal process and potential ineffective counsel claim.
Alex Neal
Do you have any written communication with Alex Neal where you expressed your desire to go to trial and introduce the evidence?
I wouldnt be bothering you if this audio werent night/and day. What Ive given you is *% accurate, no holes in my story.
Do you have any written proof that you shared the audio and text evidence with your attorney, Alex Neal?
I have emails I sent him expressing all of these concerns
Can you provide the dates of these emails? This could be crucial in establishing a timeline for your case.
Certainly, * moment
Can you also provide the date of your sentencing? This is important to determine the timeline for filing an appeal.
March 20th, * was one lengthy email where I told him I wasnt going to plea because of the above.
What was the date of your sentencing? This is crucial to determine if you are still within the *-day appeal period in North Carolina.
If I was guilty at trial, the sentence was the same as pleaing. It made more sense to go to trial, admit the evidence and win. Worse case would be to lose, pay a $* fine, Probation, and a 20 day suspended sentence. Made no sense
When was the final judgement passed in your case?
*/*/* was sentencing
What steps have you taken since the sentencing towards filing an appeal?
You have been my first step, only step.
What is the current date? This is important to determine if you are still within the *-day appeal period in North Carolina.
Current date today is */*/*
Im well within 30 days.
You asked me the current date, its August *, *
I already repeated the answer
What is the exact date you received your sentencing?
I gave you that as well */*/*
*/*/*
Repeat what?