Unfair Sentencing Without Evidence

Summary

If you were sentenced without being shown evidence, you may have grounds for legal action. In North Carolina, you can file a post-conviction relief claim if your constitutional rights were violated. Consult a criminal defense attorney to explore your options.

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What do Federally indicted for the same conduct mean
"Federally indicted for the same conduct" means that a person has been formally accused by a federal grand jury for the same behavior or action that may have previously led to charges at a state level.
What you mean
It means you're being charged by the federal government for the same behavior or action that you were previously charged for at the state level.
What you mean behavior or action
Behavior or action refers to the specific acts you allegedly committed that are considered illegal under federal law.
State Court sentenced me without showing me the evidence how I go about taking legal action
What state are you located in? This will help me provide you with the most accurate information.
North Carolina
What was the nature of the charges against you? In North Carolina, you have the right to appeal a court decision if you believe there was a legal error in your case.
Sell crack cocaine
What was the outcome of your state court case? In North Carolina, selling crack cocaine is a felony with severe penalties. You have the right to appeal if you believe there was a legal error.
I was sentenced to 2 years in state prison
What evidence was not shown to you during your trial? In North Carolina, you have the right to appeal if you believe there was a legal error.
I didn't go to trial
What was the reason for not going to trial? In North Carolina, you have the right to a trial and to see the evidence against you.
They sentenced me without showing the evidence
What type of legal representation did you have during this process? In North Carolina, you have the right to appeal if you believe there was a legal error.
In North Carolina state Court sentenced me without showing me the evidence how I go about taking legal action
Did you have a lawyer representing you during this process? In North Carolina, you have the right to appeal if you believe there was a legal error, such as not being shown evidence.
I done served the time time for the crime
Did you have legal representation during your trial? In North Carolina, you have the right to appeal if you believe there was a legal error, such as not being shown evidence.
I didn't appeal and I already served the 2 years for sell of crack cocaine
Did you have legal representation during your sentencing? In North Carolina, you have the right to legal representation during all stages of the criminal process.
Yes
Did your legal representation explain why you were sentenced without a trial?
No
Did you discuss this issue with your lawyer after the sentencing?
What type of legal action I can take for my issue
What type of legal representation do you currently have?
In North Carolina, you may consider filing a post-conviction relief claim if you believe your rights were violated during your case.
None
What type of violation do you believe occurred during your case?
My Constitutional Rights
What specific constitutional rights do you believe were violated in your case?
Not been shown the evidence for the sell of crack cocaine case
What steps have you taken so far to address this violation of your rights?
None
What type of legal representation are you seeking for your post-conviction relief claim?
I can't file a post conviction relief claim I have already served the time
Did you have any legal representation when you were considering filing a post-conviction relief claim?
Yes
What was the reason you didn't file a post-conviction relief claim?
I don't know I just didn't
What was the advice given by your legal representation regarding filing a post-conviction relief claim?
I never mentioned anything about a post conviction relief
What was the reason you didn't appeal your sentence at the time?
I need to what legal action I can take for my issue
Did you discuss the possibility of an appeal with your lawyer at the time of your sentencing?
No
Did you sign any plea agreement or were you coerced into accepting the sentence without a trial?
I was coerced
What were the circumstances under which you felt coerced?
What you mean
By "coerced", I mean were you pressured or forced into accepting the sentence without a trial?
I was forced
What actions were taken that made you feel forced into accepting the sentence?
What you mean
By "actions", I mean what did they do or say that made you feel you had no choice but to accept the sentence without a trial?
They just didn't show me the evidence
Who specifically didn't show you the evidence? Was it your lawyer, the prosecutor, or someone else?
The court
What was the reason given by the court for not showing you the evidence?
No reason giving
What steps did you take after realizing the court didn't show you the evidence?
What legal action can I take for my issue
Did you discuss the lack of evidence with your lawyer at the time? In North Carolina, you may still be able to file a claim for ineffective assistance of counsel if your lawyer did not adequately represent your interests.
No
Did you ever request to see the evidence against you during the process?
Yes
What was the response when you requested to see the evidence?
My lawyer said they have the evidence it my next hearing
Did your lawyer show you the evidence at the next hearing as promised?
No
What was your lawyer's explanation for not showing you the evidence at the next hearing?
No explanation giving
Did you discuss this issue with your lawyer after the hearing?
No
What steps have you taken since then to address this issue?