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  #1  
Old 08-10-2020, 08:55 AM
carm2405 carm2405 is offline
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Default 10th Circuit appeals

If anyone knows where I might find a legal professional who would give free advice on appeals in the 10th federal circuit, please PM me, or reply below. Thank you.
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Old 08-12-2020, 08:21 AM
bellisq bellisq is offline
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Free advice can cost the lawyer because they are responsible for the information they disclose and can be charged with malpractice if the information is questioned. If you are the defendant, a federal defender can possibly be assigned to help you.



Appellate law is probably the most complicated part of criminal law. The lawyer must completely know the record in the case to give a meaningful analysis and must know appellate procedure. Learning the record takes a lot of time. If you were in the States, and wanted information, I would suggest you go to a good law library and work with a librarian. Barring that, there are forums online that will give general information, or at least there used to be.



What do you intend to do with the information? If you plan to pass it along, the defendant would do better to work with a federal defender to decide on a strategy. If they refuse to take the case, there may be timing or other issues at play.
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Old 08-12-2020, 02:15 PM
carm2405 carm2405 is offline
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Thanks for your comments bellisq.

I am not in the United States, so the system there is hard to understand.

I assumed that every defendant would have some professional legal aid. But it seems that is not the case. How can a prisoner make an appeal on his/her own without some professional guidance?? It seems doomed to failure, in my opinion...

How can a defendant be assigned a federal defender?? Are there rules about who is/isn't entitled to this?? Is there a fee charged to the prisoner??

Thank you.
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Old 08-12-2020, 04:39 PM
fbopnomore fbopnomore is offline
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If the person was represented by the Federal Defender's office before sentencing, they are eligible to have one of their "appeals" lawyers appointed to file any post sentencing motions.

Eligibility for a federal defender is determined by each judge, usually based on the defendant's financial means. I observed a few cases where the defendant was able to afford to hire private counsel, but was appointed the federal defender anyway, but the judge could still order them to pay for some, or all of the associated costs.

Federal defender's only practice in federal court, so they can definitely be a better fit than some of the private lawyers who do not necessarily specialize in federal criminal matters.
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Old 08-16-2020, 01:11 PM
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Taliba00 Taliba00 is offline
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Attorneys cannot give free advice, for reasons bellisq pointed out, and because their time is an extremely valuable, limited resource.

Filing an appeal must be done in a timely manner. As far as I am aware, the only prisoners who are entitled to representation in appeals going all the way to the Supreme Court are death penalty cases. Others have very strict deadlines for appeals (within a very short time frame), after which they've forfeited their right to appeal. Most plea bargained sentences are not appeal-eligible.

There are other legal options, but those will require hiring an attorney on the prisoner's dime.

Here's the 10th Circuit's Practioner's Guide: https://www.ca10.uscourts.gov/sites/...0thEdition.pdf
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Old 08-18-2020, 05:26 PM
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If you ask some questions, you might get some good info. here. There are several lawyers who weigh in. For example, there are general rules about appeals. If your friend went to trial, they have to put in notice of appeal, and have a certain period of time to file the information. A sentence can be appealed, but there are stringent rules on timing and even the types of issues that can be brought. Obviously, you don't want to expose anything that would hurt your friend's case. But you can probably ask general questions and get some answers.
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