Legal Question in Criminal Law in Ohio

Felony 1

My cusin just got sentence for rape count2, sexual battery count 1, attempted rape count 1. Now in the orignal indictment there were only 1 rape and 1 sexual battery. When our attorney seen the evidence he said that it was all a set up. If he is guilty of anything it was sexual battery.


Asked on 5/21/08, 10:04 pm

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Felony 1

It sounds like you are asking what can be done to help your cousin. If I understood your posting correctly, you cousin was just sentenced by the court. If that is correct, he has 30 days from the date the sentencing entry is filed to file an appeal. Failure to file that appeal within the 30 day limit will, in most cases, mean that he cannot appeal at all.

If you cousin does not believe that he was guilty of the offense for which he was sentenced, he should file an appeal. Appeals are complex legal arguments and should not be attempted by a lay person. He needs to have his trial attorney appeal and if that attorney does not do appeals (many trial attorneys do not) then he needs to hire someone who does handle appeals. There are many of us across Ohio who do both trial and appeal work, and any one of us would be happy to talk with the family about the case.

Good luck with your cousin's situation.

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Answered on 5/22/08, 8:41 am


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