About Edward Martinovich, Esq. Expertise Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me"
I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.
Experience I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.
Education/Credentials I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.
Question My son was tried and convicted 2 weeks ago on charges of 1st degree murder. His lawyer, I feel, didn't do her job. Whats the 1st step in filing an appeal? and do we have to use the same lawyer to do it? Thanks..
Answer michele:
No, you don't have to use the same lawyer, and frankly, it would be foolish if you did. One of the grounds for appeals is usually "ineffective assistance of counsel", so you can imagine it would be tough for an attorney to admit they didn't do their job properly.
The first thing that needs to be done is that a Notice of Appeal be filed immediately. This is a basic one page document which preserves your son's right to appeal his conviction. I'm not certain about your state, but some states have as little as 10 days after conviction to file the notice of appeal, some are 30 days, etc.
Your son's attorney may have filed it already, most lawyers do after their clients get convicted, but you should check. If not, its a pretty simple form you can probably get from the clerk's office at the court
good luck
