Appeal, Writ, etc. what are the options?

KatieK

New Member
Jurisdiction
Wisconsin
My friend served time on a felony charge for manufacturin/deliver cocaine. He was released in November 2017 on probation. During that time he was going to all AODA meetings and obtained a job. He was trying to start a business for pen pals with inmates and had spoken to a previous inmate regarding this business on several occasions. The inmate was found to be receiving suboxone (misspell?) while in prison and my friend's PO accused him of sending this drug via mail. There is no proof that he has done this. He obtained a lawyer for these allegations and the judge has given him 7 more years. Days after the lawyer provided her information to the judge, an individual apparently came forward and wrote an affidavit, admitting that he provided the inmate with suboxone. The inmate also wrote an affidavit indicating that my friend was not part of this situation. My friend is currently in the process of an appeal but his lawyer has told him that he is not able to use the affidavits for this appeal. The affidavits also were not used for the initial revocation hearing. He feels he is at a loss right now as to what he can do. We have read about Writs of Certiorari, yet it appears they wouldn't look at his case. He was on the right path after discharge and is now caught up in a mess that could affect his life for the next 7 years and he has proof that he didn't do it; yet it seems no one is listening to him or willing to take the evidence into account. Please let me know if there's anything else we can do. Could another attorney take on the case and work with the facts and evidence? What are his options? Thank you kindly, in advance.
 
A person is ALWAYS free to hire a lawyer to represent the person's legal issues.

People who have been convicted of felonies rarely have the case overturned, or the sentence commuted.

Your pal is free, and you can help him, to hire a lawyer to assist him in his efforts to fight his incarceration.
 
My friend served time on a felony charge...

This is your friend to deal with. You finding out anything and relaying the information that will probably get lost in the translation is not helpful.

If your friend wants real help HE should contact an attorney. You can be of no use, especially since this is a matter that's far from simple.

If your friend cares about it he should consult with an attorney.
 
Thank you for your reply. He is currently in prison due to a revocation of probation due to these allegations. He has limited access to learning about his options and other lawyers; therefore, that's why I'm trying to help him get answers. He has a lawyer, but is not happy with her. He has sent the appeal but is wondering what other steps are available to him. He wants to make sure that the evidence is submitted, although his lawyer has told him she could not put it in the appeal. Does this sound right? It doesn't make sense to me.
 
He has sent the appeal but is wondering what other steps are available to him.

None, other to file a Writ of Habeas Corpus, which rarely works.

He wants to make sure that the evidence is submitted, although his lawyer has told him she could not put it in the appeal. Does this sound right?


The only way he can see what evidence (more than likely what filings) has/have been submitted on his behalf is to communicate with his lawyer.

If he dislikes his lawyer, he can fire her, and ask the court to replace her.

He (or you) can also hire him a lawyer to replace the current lawyer.
 
He wants to make sure that the evidence is submitted, although his lawyer has told him she could not put it in the appeal. Does this sound right? It doesn't make sense to me.

Yes, it sounds right. New evidence cannot be submitted for an appeal.
 
Thank you. I appreciate your answer. Is there any point in which new evidence can be submitted?


If he were to be granted a new trial.

That answer would come as the appellate process unfolds.

That can take years.

All you do is wait while justice grinds to a ruling.
 
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