Appeal rights

Question Details:

My husband was just found guilty of murder by a jury today? What appeal right do I have? Can I have him moved to California to serve his sentence and appeal it there?

Asked 10/17/2009 under Criminal Defense | 229 View(s) | More Legal Topics

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Zadik Shapiro / Law Offices of C. Zadik Shapiro Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

If his conviction was in Federal court he may be able to serve his term in California.  If it was in state court he will serve his term in the state of conviction.

His appeal occurs where he was convicted.  Did his lawyer preserve any issues for appeal? Let's get this straight, you don't have any appeal right.  Your husband may have appeal rights.  He needs to consult with his lawyer ( a public defender or private criminal defense attorney). 

Where was he convicted if not in California? Try a lawyer in the state in which you live.  Try www.attorneypages.com and check his or her record at the State's Bar.

Although I do not practice law in the State of California, here are my initial impressions.  First, I generally agree with my colleagues' advice, however, I'd like an opportunity to elaborate.  First and foremost, your husband needs to consult with an attorney - AS SOON AS POSSIBLE.   There may be several options available to your husband, such as an appeal or a habeas petition, however, some of the options are time-sensitive, and therefore your husband needs to consult with an attorney as soon as possible.  Good luck.

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