appeal motion denied by judge new evidence ignored

R

ricbrian

New Member
Jurisdiction
Pennsylvania
FIRST OFFENSE I know nothing about the court system. My Public defender told me to wave my mental health rights.I excepted a plea for aggravated assault and conspiracy by the advice of my drunk father. I was the only person involved in my case convicted. I was sentenced to 10 to 24 months jail time and 24 months probation. I appealed the decision with the help of my Uncle based on new evidence my mental health issues.
I appealed the decision with mental health issues as new evidence. I had a motions hearing last week with the same judge I provided him with new evidence of my mental health status, and Psy appointments. The Judge denied it all and said turn myself in on Dec 1st 2017. I'm just fighting to get the 24 months probation and try to illuminate the jail time. I can't do jail time sociologically. I think the Judge was bias at my motions hearing last week. I want a new judge to hear my case or file to extend my surrender until I can save for a lawyer.
 
cbg said:
Is your uncle an attorney?
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No he's not a lawyer but he's been a big help. He's trying to figure out how to file for a new Judge to hear my case or file, or file another appeal or file to extend my surrender date until we can save for a Lawyer. We did research on the Judge and feel he was bias towards my case.
 
ricbrian said:
I was sentenced to 10 to 24 months jail time and 24 months probation. .
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A 10-24 month indeterminate sentence to confinement can only be PRISON time, not jail time.

Confinement a county jail must not exceed 365 days, 12 month, or one year.
 
ricbrian said:
We did research on the Judge and feel he was bias towards my case.
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Everybody says that about the judge that ruled against them.

You're not going to get anywhere claiming bias.

And you certainly aren't going to get anywhere allowing your uncle to continue "helping" you. Being behind bars will convince you (too late) about that.
 
Seq No Statute Grade Description Disposition
Sentence Dt. Sentence Type Program Period Sentence Length
1 18 § 903 F2 Conspiracy - Aggravated Assault Guilty Plea - Negotiated
10/19/2017 No Further Penalty
2 18 § 2702 §§ A F2 Aggravated Assault Guilty Plea - Negotiated
10/19/2017 Confinement 11 - 23 months Min: 11 Month(s) Max: 23 Month(s)
10/19/2017 Probation 4 years Max: 4 Year(s)

So do I have any any legal solution? Can I file any type of motion to request a new Judge to hear my case? Can I appeal the Judges decision? Can I get my surrender date extended until I can afford a Lawyer?
 
ricbrian said:
No he's not a lawyer but he's been a big help. He's trying to figure out how to file for a new Judge to hear my case or file, or file another appeal or file to extend my surrender date until we can save for a Lawyer. We did research on the Judge and feel he was bias towards my case.
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Is your case in state court or federal court?

Do you understand how an appeal from a criminal conviction in PA works?

Read this, but before you spend money, do YOUR own due diligence.
I am NOT recommending any lawyer or law firm:


234 Pa. Code Rule 720. Post-Sentencing Procedures; Appeal.


http://www.pacourts.us/assets/files/setting-3838/file-3739.pdf?cb=1a09b7


Is it Possible to Appeal Philadelphia Criminal Convictions?


http://www.kopelaw.com/practice-areas/criminal-defense/criminal-appeals/


Overturn or Appeal a Conviction in Pennsylvania


The Criminal Appeals Process in Pennsylvania
 
If your appeal was denied, then I don't think you can really say your uncle was a help. You see, that's why only attorneys are allowed to practice law. Unless you were not diagnosed with a mental illness until after you were tried, then it is not new evidence no matter what your uncle says.
 
Your right make sense. I'm being tried in State Court. I guess have no options. I did talk to an attorney and she told me she could help me avoid jail time and fight for just probation. Thanks.
 
The time to make a mental health defense was before all of this. The judge isn't likely going to allow you to play the system and see what sentence you get them reverse course and make a new defense when you don't like the result.
You might eventually get some kind of hearing but you aren't going to get anything at all changed before December 1, especially with the holiday schedule. You will need to turn yourself in and make any further motions while incarcerated.
 
ricbrian said:
FIRST OFFENSE I know nothing about the court system. My Public defender told me to wave my mental health rights
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I'm not sure just what you mean by "mental health rights,"and you would have to elaborate further for me to even attempt to address that issue.
ricbrian said:
.I excepted a plea for aggravated assault and conspiracy by the advice of my drunk father.
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This was probably your first "big" mistake.you only accept a "plea agreement,"after discussing the case with you Attorney,and his advice,not "anyone" else,no matter who they are.
ricbrian said:
I appealed the decision with the help of my Uncle based on new evidence my mental health issues.
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You first accept a plea deal,on the advice of your "drunk Father,"then you have another relative,help you with an appeal based on something you are calling "new evidence,"which is not at all clear,by doesn't make much sense.
Your really don't know how the legal system works,but you only confer with your Attorney throughout the entire case,including all appeals,not well meaning family members who are not Lawyers,and apparently doesn't know how the legal system works either.
You should know that,assuming your Attorney represented you 'effectively,"that if there were any issue to appeal,he or another Attorney,handling appeals,would have appealed the case on your behalf.They are legal professionals,and they must have felt there wasn't any basic for an appeal.
ricbrian said:
I'm just fighting to get the 24 months probation and try to illuminate the jail time. I can't do jail time sociologically. I think the Judge was bias at my motions hearing last week. I want a new judge to hear my case or file to extend my surrender until I can save for a lawyer.
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I understand you are just wanting a "sentence reduction,"to just include,"probation"and you some how think for some reason,the Judge was bias against you.Now what makes you think,he was bias towards you?
The truth is,it was the Judge who had to agree to the plea agreement negotiated between the prosecution and your Attorney,and considering that Aggravated Assault,typically carries 20-25 years in most jurisdictions,I would say that you got a pretty good deal.Of course,no one wants to spend even a single day in jail.
Now with regards to "mental health issues,"which I assume your probably under a Doctor's care,this is not considered "new evidence,"but it could be a "mitigating circumstance,"that is a circumstance(es) surrounding the events of your criminal offenses,that would have negated the full extent of your criminal liability,but that was something your Attorney,should have discussed during plea negotiations with the Prosecutor.I'm think,it was probably brought up based on the sentence you received.
Lastly,you will not get an "extension" on surrendering to begin your incarceration,while you"save for a Lawyer,"that's just not how things work.
 
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One further point,I'd like to bring out.Really,the Judge,being "biased," is irrelevant in the context of a "plea agreement,"that is unless,he/she does not accept the agreement,and sentences you to the maximum punishment allowed or a much more severe sentence,but even then,you have to prove a "substantial bias,"such as the Judge was in close relation with the victim or the victim's family,creating what is known as a "conflict of interest."
In your case,since the Judge,did accept the "plea agreement,"and your sentence was much lighter than it could have been,you would have no basic to have another Judge hear an appeal for any kind of sentence reduction.I do hope this helps.
 
Thanks I really appreciate your comments and you've given me a lot to think about. I just have to choice my friends more wisely in the future. Which is why I'm in this situation.
4Justice_MD said:
I'm not sure just what you mean by "mental health rights,"and you would have to elaborate further for me to even attempt to address that issue.

This was probably your first "big" mistake.you only accept a "plea agreement,"after discussing the case with you Attorney,and his advice,not "anyone" else,no matter who they are.

You first accept a plea deal,on the advice of your "drunk Father,"then you have another relative,help you with an appeal based on something you are calling "new evidence,"which is not at all clear,by doesn't make much sense.
Your really don't know how the legal system works,but you only confer with your Attorney throughout the entire case,including all appeals,not well meaning family members who are not Lawyers,and apparently doesn't know how the legal system works either.
You should know that,assuming your Attorney represented you 'effectively,"that if there were any issue to appeal,he or another Attorney,handling appeals,would have appealed the case on your behalf.They are legal professionals,and they must have felt there wasn't any basic for an appeal.

I understand you are just wanting a "sentence reduction,"to just include,"probation"and you some how think for some reason,the Judge was bias against you.Now what makes you think,he was bias towards you?
The truth is,it was the Judge who had to agree to the plea agreement negotiated between the prosecution and your Attorney,and considering that Aggravated Assault,typically carries 20-25 years in most jurisdictions,I would say that you got a pretty good deal.Of course,no one wants to spend even a single day in jail.
Now with regards to "mental health issues,"which I assume your probably under a Doctor's care,this is not considered "new evidence,"but it could be a "mitigating circumstance,"that is a circumstance(es) surrounding the events of your criminal offenses,that would have negated the full extent of your criminal liability,but that was something your Attorney,should have discussed during plea negotiations with the Prosecutor.I'm think,it was probably brought up based on the sentence you received.
Lastly,you will not get an "extension" on surrendering to begin your incarceration,while you"save for a Lawyer,"that's just not how things work.
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My public defender told me during the trial not to mention I was taking psy medication because it wouldn't help my case. I just think it should have been mentioned regarding my case.
 
ricbrian said:
My public defender told me during the trial not to mention I was taking psy medication because it wouldn't help my case. I just think it should have been mentioned regarding my case.
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Just because a person takes medication of any type prescribed by a physician doesn't mean he or she is mentally ill to the extent that such mental illness was responsible for the person committing a crime.

You take medication.

You're NOT mentally ill, you're simply afflicted with an illness that can be controlled by taking the medication and seeing your physician.

The lawyer was correct in advising you not to mention your medication.

It wasn't relevant at trial.

People with a mental illness aren't excused unless they're adjudged to be mentally ill.

Insanity is an affirmative defense that doesn't absolve the accused of committing the crime.

It MIGHT be determinative of how the person is treated if convicted of the crime.

However, didn't the probation agent discuss your life with you?

I'm sure he or she did, and that's when the question about illnesses or medical problems were posed.

That's when you were free to discuss your maladies and ailments.

That is important for the judge to know before pronouncing sentence.

In your case, I'd have made it clear to you that taking ALL prescribed medications for any mental issues was paramount to staying out of prison.
 
Speaking of making things clear- when you accepted the plea agreement you were probably clearly told that you are waiving your right to appeal. There are sometimes ways to get around this, but it complicates things further.
 

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