Legal Question in Criminal Law in North Carolina

Failure to preserve argument

My girlfriend is incarcerated serving a lengthy sentence. Her appeal was denied due to the fact that the trial attorney did not Preserve The Argument.

What does this mean?? I don't understand the term ''preserve the argument.''

Will you please define or explain what this phrase means exactly??

Is there any further appeals that be filed, or anything that can be done to try to gain her release, or is it now over for her? This was her first and only appeal. She has been incarcerated for 18 months of a 7 year sentence.

Thank You, Tim


Asked on 7/13/06, 10:00 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Failure to preserve argument

I can't tell you anything about further appeal since I know nothing about this case, the legal issues, etc. As far as, "preserveing the argument," I can only assume that the problem is that the attorney at trial didn't make a timely objection to some evidence or testimony in court, which could affect whether it is an appealable issue. This is only a guess since I have so little to work with here. Your best bet would be to consult with her appeals attorney.

Read more
Answered on 7/13/06, 10:10 am


Related Questions & Answers

More Criminal Law questions and answers in North Carolina