Legal Question in Criminal Law in Washington
Felony conviction and how to appeal?
I have been charged with psp1 and currently on standby for trial. I was assigned a PD who was trying to urge me to take a plea. I am innocent and will not plead guilty to something that I had no knowledge of. I am concerned that my PD will not provide a proper defense (doesn't retain information regarding my case & tells me that I have to convince the jury of my innocence or I will be convicted). Doesn't sound hopefull.
If convicted, how do I go about filing an appeal if I indeed can? Any suggestions? I would appreciate any and all direction and/or advice.
Thank you for your time!
2 Answers from Attorneys
Re: Felony conviction and how to appeal?
I think I answered a question of yours before. I forget where your case is located. You can certainly hire a lawyer to step in for your PD. If you have any sort of valid defense it is easier to win at the trial than at the appelate level. That said, if you keep your PD and lose the court will usually appoint a different attorney to handle the appeal. Or, again, you can hire an attorney. Contact me directly to follow up with these questions.
At your service,
Re: Felony conviction and how to appeal?
As to your public defender, I would suggest meeting with her or him and asking them what their theory of defense should you elect to proceed to trial. The decision to plead guilty or maintain a not guilty plea is your decision, however, you should take the advice of counsel under consideration when making your decision. As for an appeal, your rights to appeal are severely limited if you plead guilty. If you are convicted at trial, you have an absolute right to appeal that conviction. Normally, file a notice of appeal within 30 days after entry of the judgment of conviction. Upon sentencing, the Court will read to you your Rights on Appeal.
One last thing, the right to go to trial does not mean the absolute right to be acquitted. Although the system strives to avoid wrongful convictions, as you are no doubt aware, in may circumstances the system fails. Your current attorney's "advice" regarding taking a plea is most likely based on a number of factors including the complete inability for anyone to accurately predict what a jury of 12 persons may do. Have the meeting with attorney and see how you feel afterward.