Legal Question in Criminal Law in California
What do I do if a jury came up with an unfair verdict? My brother just got a guilty verdict from a jury for attemped armed robbery and the two people that were robbed went on the stand and said, "no this is not him, he is much larger, and the robbers had big brown eyes (brother has green) and I know this guy for yrs from our area of town.... ??? PLEASE HELP Diane LoCicero
619-634-1072
2 Answers from Attorneys
What do YOU do? Nothing, other than pay for his appellate attorney fees and costs if you're generous.
Reciting the portion of the evidence which favored your brother does not prove that the verdict was unfair. There must have been other evidence which favored the prosecution, even though you haven't told us about it. Part of a jury's job is to resolve conflicts in the evidence. Jurors do not have to resolve those conflicts in the defendant's favor.
Your brother has the right to appeal his conviction, though there are strict deadlines he must meet. I am a certified appellate specialist (per the State Bar's Board of Legal Specialization) and would be happy to discuss the case with you or, preferably, with your brother. Either of you should feel free to contact me directly.
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