Legal Question in Criminal Law in Mississippi
Having another day in court
Is there a law student/professor/attorney interested in reviewing the case of someone who has been wrongfully incarcerated?
1 Answer from Attorneys
Re: Having another day in court
Any Attorney who practices criminal law would be willing to review the facts of the case intially to determine if he or she would be willing to represent the defendant in what is known as "post trial proceedings" but it is extremely important to contact an attorney IMMEDIATELY after trial because there are strict and short deadlines for filing certain "Motions" with the Court to try to set aside the verdict and/or a Motion for a New Trial. That time period can be extended but the Defendant MUST ask for the time period to be extended or else the Defendant may learn that the period (or "Window") for seeking review has passed or expired and there is no remedy open in the usual course of business. Extraordinary Motions can be filed if the trial Counsel was less than competent or if there were gross mistakes made by the Court (or abuse of discretion during the trial by the Prosecutor) but these Motions MUST be filed almost immediately following the date of acceptance of the verdict and/or the date of sentencing.
It is strongly suggested that someone in need of Counsel to review the actions at trial for one "wrongfully incarcerated" take steps IMMEDIATELY to contact Counsel and tell the Attorney's office when phoning to obtain the appointment that this is an urgent matter which requires an immediate appointment. Some deadlines pass in ten (10)days and some in thirty (30) days following trial. A Motion for Post Conviction Relief must be filed either within two (2) years or three (3) years after the date of sentencing. The need for urgency cannot be understated in this situation!
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