Legal Question in Criminal Law in North Carolina

Wrongfully Accused

I was not convicted of a crime, however someone very close to me was wrongfully convicted. There was little but no sufficient evidence and the trial was conducted very underhandedly. Can you tell me what to do to help with the appeal and mention any grounds that could help this person.


Asked on 5/09/02, 8:31 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Wrongfully Accused

I will defer to attorneys handling more criminal work, but as a general matter, taking an appeal is a difficult process, and it is difficult to get a reversal. It technically depends on whether the trial court committed "reversible error," which is usually not found. I would obviously need more facts to assess the chances on appeal. If you are suggesting some sort of misconduct by some party, there may be other things he needs to do, e.g. a motion for a new trial or a motion for appropriate relief, supported by some evidence or affidavits ideally. (I'm assuming you're not talking about a District Court conviction, which can generally be appealed to Superior Court as of right.) Also, be mindful of any deadlines; once the time for appealing runs, you're usually lost!

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Answered on 5/10/02, 1:40 pm


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