by dack2001 » Wed Sep 05, 2018 4:51 pm
Fughedaboutit wrote: ↑Wed Sep 05, 2018 4:00 pm
dack2001 wrote: ↑Wed Sep 05, 2018 7:03 am
Confederate wrote: ↑Tue Sep 04, 2018 10:17 pm
dack2001 wrote: ↑Tue Sep 04, 2018 4:27 pm
I followed the news articles and have been in criminal federal court, he has a better chance of having the conviction tossed and getting a new trial than getting the sentence meaningfully reduced unless there is some retroactive change in the guidelines sometime down the road. His was because this was his third federal felony. Same for the Pelullo.
If he wants to try and get the conviction overturned, Section 391 of the Criminal Procedure Code allows the Appellate Court to consider NEW evidence, if it deems necessary. The Defendant has to explain in the Prayer to the Appellate Court why the evidence was not produced in the first place. Best way to do this is hire another Attorney and claim your first Attorney did an inadeqaute job for your defense.The other way is for your Attorney to prove to the Appellate Court that there were errors made in the Trial and have it overturned as a mistrial. The Prosecutor then of course can have another go at it.
I am acutely familiar with the procedure necessary to have a conviction overturned. My point is that for all intensive purposes he has a better chance of getting the conviction overturned than getting the sentence reduced. Those are two separate procedures and both are major, major long shots.
Not to be a grammar nazi but did you really say "intensive purposes"? It's intents and purposes, so you don't say that elsewhere lol
Lol, good catch. I know I typed that with a massive head cold, maybe thats the culprit.
[quote=Fughedaboutit post_id=88407 time=1536188444 user_id=5205]
[quote=dack2001 post_id=88353 time=1536156181 user_id=5291]
[quote=Confederate post_id=88326 time=1536124662 user_id=5427]
[quote=dack2001 post_id=88309 time=1536103677 user_id=5291]
I followed the news articles and have been in criminal federal court, he has a better chance of having the conviction tossed and getting a new trial than getting the sentence meaningfully reduced unless there is some retroactive change in the guidelines sometime down the road. His was because this was his third federal felony. Same for the Pelullo.
[/quote]
If he wants to try and get the conviction overturned, Section 391 of the Criminal Procedure Code allows the Appellate Court to consider NEW evidence, if it deems necessary. The Defendant has to explain in the Prayer to the Appellate Court why the evidence was not produced in the first place. Best way to do this is hire another Attorney and claim your first Attorney did an inadeqaute job for your defense.The other way is for your Attorney to prove to the Appellate Court that there were errors made in the Trial and have it overturned as a mistrial. The Prosecutor then of course can have another go at it.
[/quote]
I am acutely familiar with the procedure necessary to have a conviction overturned. My point is that for all intensive purposes he has a better chance of getting the conviction overturned than getting the sentence reduced. Those are two separate procedures and both are major, major long shots.
[/quote]
Not to be a grammar nazi but did you really say "intensive purposes"? It's intents and purposes, so you don't say that elsewhere lol
[/quote]
Lol, good catch. I know I typed that with a massive head cold, maybe thats the culprit.