Need to late file appeal a federal case

[The_Jungle_Tiger]

Charlotte NC
Western District

Hello!

I have a federal case I need to appeal my guilty plea. I was told by the competency restoration doctor to plead guilty because the law does not protect me. So idk why their competency doctor was giving me legal advice at that time. I'm very delicate, so it was hard for me to handle that situation, I believed them and plead guilty. So I was influenced. The charge was a non violent, basically a 911 emergency and medics knew too and police I was trying to get to 911 and a doctor took my emails and said it's harassment to have a panic attack screaming to 911. So the competency doctor told me the doctor who was witness to it all as they were copied on the emails is allowed to charge an emergency??? So I got inducted for my emergency. I was visibly injured too and police knew and did not communicate this. I've been bullied before so I'm scared to speak up when the judge asked me during my plea hearing if I was influenced but I did tell the USMarshal I didn't do it after the fact but they never spoke up? It's taking me a longer to file an appeal for a multitude of reasons. I need to collateral my case I think it's called with a 2255, which does give you beyond a year to file if you state your reasons why, and I believe I have reasons to.

So any advice here? I'm trying to late file beyond a year on a 2255 and I need to file for representation appointed through the court, how can I do that? When I file the motion to reopen the case for appeal and to obtain a defender, will I have to explain why I'm re-opening the case in the motion?

I looked at the 2255 and I can't figure out the English they're using and I haven't been able to afford an attorney to help me walk through a 2255. That's part of why I'm late filing also. I was also never fully made competent, the above reason so it's hard for me to talk to attorneys, I'm very polite but one got nasty with me on the phone. I'm also not competent because if I was influenced by the actual competency doctor, then how did she even file for me as competent to the court? That contradicts the purpose of sending me for competency.

Can I file a motion to appeal? Does it have to be collateral at this point? Can I appeal the competency evaluation and try to overturn my plea from there as gov fraud?

 

[Zigner]

You will want to speak to an attorney.

With that said, you knowingly and voluntarily plead guilty. It is very unlike that an appeal would be successful, even if filed on time.

 

[The_Jungle_Tiger]

You will want to speak to an attorney.

With that said, you knowingly and voluntarily plead guilty. It si very unlike that an appeal would be successful, even if filed on time.

Can't really afford one right now I'll the something!

 

[zddoodah]

I was told by the competency restoration doctor to plead guilty because the law does not protect me.

You took legal advice from a doctor? Did you consult with an accountant about medical issues?

So any advice here?

Legal advice cannot be obtained from anonymous strangers on the internet - many of whom may not be lawyers (and those who are lawyers may not practice criminal law), and few or none of whom are in North Carolina. You also didn't tell us the crime of which you were convicted, when the conviction happened, or what sentence you received. I suggest you reach out to the federal public defender.

Can I file a motion to appeal?

You can file anything you like, but there's no such thing as a motion to appeal.

Does it have to be collateral at this point? Can I appeal the competency evaluation and try to overturn my plea from there as gov fraud?

Depends on facts you haven't provided.

 

[The_Jungle_Tiger]

You took legal advice from a doctor? Did you consult with an accountant about medical issues?




Legal advice cannot be obtained from anonymous strangers on the internet - many of whom may not be lawyers (and those who are lawyers may not practice criminal law), and few or none of whom are in North Carolina. You also didn't tell us the crime of which you were convicted, when the conviction happened, or what sentence you received. I suggest you reach out to the federal public defender.




You can file anything you like, but there's no such thing as a motion to appeal.




Depends on facts you haven't provided.

Let me ask you this, can I file for something like a motion for oral argument to just simply discuss the case before the judges? I'm trying to find an attorney to talk to but this just feels so freaking complicated when it shouldn't be so complicated :O

You said I took advice from a doctor*, I don't understand what you're saying, that doctor is the gov, I was also found not competent, which is why I was there lol, so the doctor is supposed to help me, so yes, I did take their advice, I thought that was part of the evaluation or something that what she says is true? I thought I would loose. I was able to find a news article later where someone had a similar case as mine and there were laws that were outlined in that that protected that person also. but I mean this system is new to me!

 

[Taxing Matters]

Can I file a motion to appeal? Does it have to be collateral at this point? Can I appeal the competency evaluation and try to overturn my plea from there as gov fraud?

If the time has expired to file a direct appeal then in most cases the matter is over and the conviction will be final. There are very few grounds upon which a direct appeal may be made late and a guilty plea makes it even more difficult as it severely limits the grounds you'd have for pursuing a direct appeal.

A collateral attack on the judgment is not an appeal of the original court judgment. It is an action filed in the district court separate from the original proceeding and which attacks the conviction on grounds other than those which would overturn the judgement had the appeal been made on time. In other words, a collateral attack is not relief to file a late appeal and the result doesn't overturn the original judgment. If successful, though, it does relieve the defendant of the consequences of the conviction. A collateral attack is difficult to do for a person who is not a lawyer and even with a lawyer its still not easy to win because the grounds for relief are pretty narrow. If you can't establish to the court's satisfaction that your situation is one that meets all the required elements of a collateral attack it will fail. That's the fate of nearly all collateral attacks done pro se (without a lawyer). I suggest you find a lawyer to help guide you on this.

 

[The_Jungle_Tiger]

If the time has expired to file a direct appeal then in most cases the matter is over and the conviction will be final. There are very few grounds upon which a direct appeal may be made late and a guilty plea makes it even more difficult as it severely limits the grounds you'd have for pursuing a direct appeal.

A collateral attack on the judgment is not an appeal of the original court judgment. It is an action filed in the district court separate from the original proceeding and which attacks the conviction on grounds other than those which would overturn the judgement had the appeal been made on time. In other words, a collateral attack is not relief to file a late appeal and the result doesn't overturn the original judgment. If successful, though, it does relieve the defendant of the consequences of the conviction. A collateral attack is difficult to do for a person who is not a lawyer and even with a lawyer its still not easy to win because the grounds for relief are pretty narrow. If you can't establish to the court's satisfaction that your situation is one that meets all the required elements of a collateral attack it will fail. That's the fate of nearly all collateral attacks done pro se (without a lawyer). I suggest you find a lawyer to help guide you on this.

wow great reply thank you very much!

 

[zddoodah]

Let me ask you this....

I impliedly asked you questions in my prior response. Perhaps I should have been explicit.

What was the crime of which you were convicted? When did the conviction happen? What sentence did you receive?

You said I took advice from a doctor*, I don't understand what you're saying, that doctor is the gov

The doctor might be employed by the federal government, but he's still a doctor, not a lawyer. He should not have given legal advice, and you should not have taken it.

Again, I suggest you contact the federal public defender (you can obtain contact info via the link I provided previously).

 

[The_Jungle_Tiger]

If the time has expired to file a direct appeal then in most cases the matter is over and the conviction will be final. There are very few grounds upon which a direct appeal may be made late and a guilty plea makes it even more difficult as it severely limits the grounds you'd have for pursuing a direct appeal.

A collateral attack on the judgment is not an appeal of the original court judgment. It is an action filed in the district court separate from the original proceeding and which attacks the conviction on grounds other than those which would overturn the judgement had the appeal been made on time. In other words, a collateral attack is not relief to file a late appeal and the result doesn't overturn the original judgment. If successful, though, it does relieve the defendant of the consequences of the conviction. A collateral attack is difficult to do for a person who is not a lawyer and even with a lawyer its still not easy to win because the grounds for relief are pretty narrow. If you can't establish to the court's satisfaction that your situation is one that meets all the required elements of a collateral attack it will fail. That's the fate of nearly all collateral attacks done pro se (without a lawyer). I suggest you find a lawyer to help guide you on this.

So technically I can still late appeal? Because the 2255 states that you must exhaust all possible appeals, etc before filing or the court might not consider the 2255? I'm still trying to find an attorney to answer some questions, but just having income issues!

 

[Zigner]

So technically I can still late appeal? Because the 2255 states that you must exhaust all possible appeals, etc before filing or the court might not consider the 2255? I'm still trying to find an attorney to answer some questions, but just having income issues!

That's a great question to ask of the attorney(ies) you consult with.

 

[The_Jungle_Tiger]

That's a great question to ask of the attorney(ies) you consult with.

I honestly will never afford one not even a $100 consult. So idk what to do. Do I just motion the court for an attorney? It'll reopen my case though. I'm trying to pro se research!

 

[Taxing Matters]

So technically I can still late appeal? Because the 2255 states that you must exhaust all possible appeals, etc before filing or the court might not consider the 2255? I'm still trying to find an attorney to answer some questions, but just having income issues!

As I said before: "If the time has expired to file a direct appeal then in most cases the matter is over and the conviction will be final. There are very few grounds upon which a direct appeal may be made late and a guilty plea makes it even more difficult as it severely limits the grounds you'd have for pursuing a direct appeal." If you've run out of other options you might be able to still pursue a collateral attack on the judgment. You'd want to discuss that with a lawyer who handles federal post trial criminal matters. The details of your case matters and we don't have all that here, and you shouldn't put all that detail on this forum or any other forum on the internet.

Note that a successful § 2255 motion does not result overturning or setting aside the conviction but simply reforms the sentence imposed to one that is proper for the crime committed. It is thus something different from a collateral attack on the judgment. If you've already served your time in prison or were never sentenced to prison then § 2255 is likely to have little or no benefit to you. As you failed to pursue a direct appeal of the sentence of the sentence handed down by the trial court jude you may be ineligible to attack the sentence under § 2255. Also, there is a one year statute of limitation to file a § 2255 motion. This is another thing you really need to discuss with a lawyer who has reviewed all the facts.

The fact that you plead guilty and failed to file a timely direct appeal really limits your options. If you have any grounds for a direct appeal you always want to make that appeal and file it on time as that not only gives you a shot at relief in the direct appeal but also helps meet the requirement of other possible remedies that you have exhausted all appeals. If you lose the direct appeal you'd want to seek a writ of certiorari from the Supreme Court, too. It's extremely the Court would hear your case but applying for the writ and having it rejected fully exhausts your appeal options.

The rules for federal criminal appeals and other forms of post conviction relief are complex and the sooner you see an attorney who handles federal criminal appeals and other post trial remedies, the better off you are. There are statutes of limitations for filing for almost all forms of relief and most limitations are not very long. This is true in civil cases too. An old maxim in the law states "Equity aids the vigilant, and not those who slumber on their rights". This reflects the importance of acting promptly and not sitting on your rights. When it comes to pursuing most anything in court time is not your friend. There are deadlines set for nearly everything and if you don't meet the deadline you may be out of luck.

The bottom line here is that you need to make haste in finding an attorney to review your cases to see what relief is still available to you and how much time you have to file the complaint or motion to start the process. If you've missed all the deadlines there may not be anything left that you can do.

 

[cbg]

https://charlottelegaladvocacy.org/

 

[zddoodah]

I honestly will never afford one not even a $100 consult. So idk what to do. Do I just motion the court for an attorney?

Are you unable to see my prior responses? I told you twice already that you should contact the federal public defender, and I provided you with a link.