how do I file a motion for 3030 as a pre-sentencing appeal. what exactly is the procedure to do this?WE already calculated and are sure we have all the time necessary
2 Answers from Attorneys
There are a few issues with your question. Pre-sentencing means the case has already gone to trial and there has been a decision, or the defendant has already plead out but has yet to be sentenced... if this is the case you may be barred from bringing a 30.30 motion at this point.
Also, the 30.30 guidelines are not set in stone and ONLY time specifically asked for by the DA's office will count towards it... not time for motions, or necessarily all time between Court adjournments.
Such a motion is not very easy to do on your own, and as stated in your previous response you should seriously consider hiring someone to do it, or probably more feasibly ask the attorney he currently has to do it.
I am curious as to why his current attorney has not filed such a motion even if it is slightly possible to win the motion...
feel free to contact my office for any further questions at 212.709.8303
You really should get an experienced lawyer to handle such a filing. It can be tricky and must be very particular and cover very specific points. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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