Legal Question in Criminal Law in Oklahoma
case review
how do you get a case reviewed seriously. Alot of the case review places seem suspect.a friend has served 10 years on a first degree murder charge he pled guilty to in a plea bargain. Alot of issues were never explored.
2 Answers from Attorneys
Re: case review
It is unclear what you mean by "case review." If you mean a review for purposes of appeal, you should consult an attorney who specializes in criminal appeals. A person who chooses to plead quilty in exchange for a plea bargain gives up many rights, including the right to have the state prove each element of its case beyond a reasonable doubt. In effect, he/she gives up the right to "explore" issues as you put it. When a court accepts a voluntary guilty plea and sentences a defendant in conformity with a plea agreement, the defendant also practically gives up his right to appeal as he/she must seek permission from the trial court to appeal. All of this should have been explained to your friend by his attorney and the court should have made sure he understood before allowing him to plead guilty.
Re: case review
Many individuals offer "case reviews." Some are attorneys, some are paralegals and some are current or former jailhouse "law clerks." Our firm has represented many individuals on post conviction relief and performs reviews of the trial court actions and direct appeals as part of that representation. Anyone who tells you that that service will be cheap or definitely successful is not telling the truth. Post conviction reviews are very difficult to be successful on. Particularly after ten years it is very unlikely that he would be successful on post conviction due to procedural bars; same for habeas. Our firm regularly provides this service and has licensed investigators on staff to assist with investigations if necessary. If you would like additional information, please feel free to contact me. No attorney client relationship will be created until a retention contract is signed with our office and this opinion is based upon the facts presented and is not intended to be advice upon which you can rely.
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