Legal Question in Criminal Law in Pennsylvania

Aggravated Assault with a deadly weapon

My boyfriend has been wrongfully convicted of this charge but they had no way to prove that the 5 people who said he did it is lying, they also don't have proof of him doing it. Is there any way we could get him out of jail because he was wrongfully convicted? How would I go along doing that and how could I rove he is innocent?


Asked on 8/13/08, 3:02 pm

3 Answers from Attorneys

Soleiman Raie Joel Every & Associates

Re: Aggravated Assault with a deadly weapon

you need to have the transcript ordered from the hearing to see what inconsistencies there were. call or email me and i can send u to a good appeals attorney

Sal

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Answered on 8/13/08, 4:37 pm
John Gibson John W. Gibson, Esquire

Re: Aggravated Assault with a deadly weapon

This is a serious charge and appeals are expensive. The transcripts alone are likely to cost about $1,000.00 a volume and if the trial was 3-5 days you are probably going to have at least two volumes of transcripts. The cost of an appeal including attorneys' fees would likely be at least $20,000.00 and appeals are rarely successful unless there is a clear issue of law. If there are 5 witnesses who all testified that he did it, then it looks to me as if you want to raise questions of the sufficiency of the evidence and that is almost always a losing argument upon appeal. Nevertheless, I would also be happy to discuss an appeal with you if you are in Western Pennsylvania.

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Answered on 8/13/08, 4:55 pm
John Gibson John W. Gibson, Esquire

Re: Aggravated Assault with a deadly weapon

This is a serious charge and appeals are expensive. The transcripts alone are likely to cost about $1,000.00 a volume and if the trial was 3-5 days you are probably going to have at least two volumes of transcripts. The cost of an appeal including attorneys' fees would likely be at least $20,000.00 and appeals are rarely successful unless there is a clear issue of law. If there are 5 witnesses who all testified that he did it, then it looks to me as if you want to raise questions of the sufficiency of the evidence and that is almost always a losing argument upon appeal. Nevertheless, I would also be happy to discuss an appeal with you if you are in Western Pennsylvania.

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Answered on 8/13/08, 4:55 pm


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