Legal Question in Criminal Law in Ohio
What can I do if my public defender told me that there is a final appeal order on my probation revocation case, and he no longer represents me. I tried to figure out how to file the appeal on my own but was too complicated. Now the time has passed, and I am supposed to turn myself in to jail at the end of the month. There are allot of things surrounding my case such as bias remarks made, and public defender never called an important witness to my case. I can't help but feel an example is being made of me. I do not even have a criminal record.
1 Answer from Attorneys
You will to speak with someone else from the public defender's office about being your appellate attorney if you qualify for their assistance. In Ohio, there is a process, rarely granted but it is there, to allow an appeal under circumstances wherein the delay was not the fault of the defendant.
Otherwise, you may have to file a federal habeas corpus action in the federal court that sits in the area in which you will be incarcerated. While this does not challenge the guilt or innocence, it can function to release you from incarceration if the federal district court judge determines your incarceration is unconsitutional.
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