Legal Question in Appeals and Writs in New York

Securities Fraud Appeal

My father was incarcerated on Monday Febuary 7. My father had been imprisoned once before. In this case he was found guilty and sentenced to 71 months. Because of our families recent bankruptcy we were forced to be defended by a Public defender. The judge seemed to be making an example of my father and would not depart from the guidlines under any circumstances, not even family. I feel that we should be able to appeal on the basis of inadequete representation or the fact that the judge is making an example of my father. Please contact me if you think those are grounds for an appeal.


Asked on 2/13/00, 9:51 pm

1 Answer from Attorneys
Brigette Ffolkes Ffolkes Law Office

Re: Securities Fraud Appeal

He may be able to appeal on the basis of ineffective assistance of counsel. However, the fact that his attorney was a public defender does not mean that he had ineffective assistance of counsel.(There are many good public defenders out there.) If he appeals on the basis of ineffective assistance of counsel, he will be required to show exactly what his attorney did that was inadequate.

Also, if the judge followed the sentencing guidelines when he/she sentenced your father, then there probably is no valid basis for arguing unfair treatment or anything like that.

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Answered on 2/17/00, 7:35 pm


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