Legal Question in Criminal Law in Washington

Is there anything that can be done after a guilty verdict?

Is there any way possible to avoid going to prison I was just convicted of assault II x 2 but the jury did NOT find me guilty of having a gun and I never touched the guys at all . Isn't that like saying that ''okay, we find the def, guilty of dui but well, we aren't sure he had a car'' shouldn't that lower the crime to something lesser, I mean they came onto my property and were following my girlfriend home , its not like I planned it they came to us and were on posted property. and they had no real prior records and my so called attorney totally dropped the ball on me he lost the pictures I gave him and he didn't even summons the girl at the store or the video tape that would have shown this guy standing so close to her she could feel him breathing on her, and that's just for starters, never once were we invited to his office to discuss the case.

My entire life has been changed and I haven't even gotten sentenced yet, and when they lock up this Father of three my kids will suffer the most, who will provide for them and my other half we have no family in this state and not to mention I have a shop that will be lost within months, I will have to start my life over, we will loose everything


Asked on 12/07/08, 4:28 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Is there anything that can be done after a guilty verdict?

You can appeal. It sounds like you'd appeal for ineffective assistance of counsel. However, appeals are more expensive than the original case and less likely of success. However, if there is valid exculpatory evidence that your attorney was aware of, did not present, and had no tactic reason for doing so then you classic ineffective assistance of counsel. The remedy would be a new trial which, with the evidence presented the second time, you'd have a better chance of winning. Or, you could get a better plea bargain since the prosecutor would have a weaker case. Contact me directly if you'd like further assistance.

At your service,

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Answered on 12/07/08, 12:41 pm


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