Legal Question in Criminal Law in Ohio

Appeal

Does my stepson have to pay for an appeal of his conviction since he has already been found indigent? Two things that are upsetting to me in this case 1. That he was not given the option of a Jury trial which is what we all expected, and the second thing is that none of the people he subpoenad to testify for him had an opportunity to speak at his trial. It was decided by a Judge not a jury. Can he overturn this conviction on those grounds if he appeals?


Asked on 12/15/06, 2:03 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: Appeal

I need more information in order to answer your questions. What was your stepson charged with? Was it a felony or a misdemeanor? You get a jury in a felony case unless you waive it. In a misdemeanor case you do not get a jury unless you ask for one. If he was charged with a felony and had a trial to the judge, he or his attorney must have waived the jury. He should be entitled to a court appointed atty if he is indigent. I will be happy to talk to you if you call or mail me with contact information. I have been both an assistant County prosecutor and a public defender. I have been doing criminal trial work for over 30 years. No charge or obligation for the initial talk.

Good luck

DHD

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Answered on 12/15/06, 4:21 pm


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