Legal Question in Criminal Law in New York

My brother was charged with a gun which wasnt his . He went to trial and was found guilty on October 25. During this case his legal aid lawyer rejected all his witness except for his ex girlfriend. The cops lied on him as well. The cops ad searched our family home which more than ten people live in the house. My brother was in the basement in his room and the gun was found in an upstairs room. Which two people where in it. The Cops told the two people that was in that room to get out and brought my brother in that room and arrested him for the gun which wasn't his at all. He is sentenced to 4 to 8 years and now im being told that on dec 3 he will be sentenced. What should be our next step ? I know we have to appeal it within 30 days . We are trying to find a lawyer but our money is real low. Please help in any kind of way


Asked on 11/02/11, 12:13 pm

2 Answers from Attorneys
Stuart Austin Austin Law Associates, PC

You can speak to your Legal aid lawyer about filing an appeal (Legal Aid will have an appeals division). You can also request a 440 motion if applicable. You should make an appt. with your brothers atty to discuss his case.

Read more
Answered on 11/02/11, 12:27 pm
peter bark bark & karpf

You may have an issue of ineffective assistance of counsel to raise before an appeal. You need to speak to an appeals lawyer immediately.

Peter Bark- [email protected]

Read more
Answered on 11/02/11, 3:38 pm


Related Questions & Answers

More Criminal Law questions and answers in New York