I agree with the first answer. While she could be convicted, the fact that she has a history of mental health problems, together with various factual issues that have not been mentioned here, could prove valuable as a defense for her.
It would be best to hire private counsel for her to represent her so she gets the very best defense. A case like this can be a tragedy or it could bring her the help she's needed all along. In many cases, it will depend upon whether she gets the proper...
I basically agree with Mr. Fromme, however, it would appear that if the wife is exerting undue influence upon your father (as you've outlined in your question) then it might be more appropriate to seek the appointment of a legal Guardian to protect your father from his wife's efforts to exert her influence over him. That way, the Guardian would then represent an independent person with nothing to win or lose by the outcome and that person could then evaluate the situation and report back to...
Miranda warnings are only required if something you said in response to police questioning was sought to be introduced into evidence at trial. Otherwise, there is no necessity for them to Mirandize you.
Although, the issue of being entitled to a lawyer may always arise at another stage of the proceedings, it still is not needed unless the police/DA wants to introduce something you said in response to their questioning.
It may depend upon more than just the bare stipulation terms. If you were required to do something and failed or refused to do it for him, he may then try to make up for it with his demand on the house. However, as one of the other attorneys said, anyone can ask, but they often get turned down.
I suggest you speak to the attorney who prepared the agreement and see what they think.
I disagree that they can go to the DA to charge you criminally. It is a civil wrong and they can proceed against you if you fail to work things out with them and they can change you up to twice the amount lost.
I agree with two of the lawyers who say to hire a lawyer to write a letter in response to the letter you received and see what they do. Often, they will not go further because they have too many other people who will roll over and just pay it to stop the harassment. I wouldn't pay...
Such a question is not unusual at all. Whether it is improper is another question. In my view, when a prosecutor does that, they know they have little or no physical evidence to bring before the jury, so they're previewing the weakness in their case in advance with the jury to see who they want to get rid of as jurors.
There is no prohibition to such actions, since either litigant can eliminate anyone from a jury (other than based upon race, creed or color).
It does indicate that they...
Usually, plea agreements are held solely between the prosecutor and defense counsel, unless there are conditions within the agreement that must be divulged to the Judge in open court. In that situation, he can ask his attorney to seal or close the courtroom if he could be endangered by having certain aspects of the agreement discussed in public. However, most of the time, this is not even an issue. I agree with the rest of what's already been written by my predecessors on this question....
I agree with Mr. Sachs. A federal law is an act or misdeed that is specified in the federal law which the US Attorney prosecutes. If you believe that someone has committed a federal crime, you should call the FBI or the US Attorneys office and make an appointment for an interview with either of them. They, in turn, will put all the paperwork together and you would then have to sign it under oath (thus making you responsible in case you're not telling the truth) and then they will issue an...
I believe you may be eligible for a drug treatment court in NY which would give you the opportunity to seek treatment and, if you complete the course of treatment, your case may get dismissed. You would be well served to hire an experienced criminal lawyer in NY to accomplish that for you because once you're finished with the program, there should not be any conviction - and best of all, you'll be drug free and no longer addicted to speed.
I fully agree with Mr. Lowther's answer. He hits it on the head when he says it can be done, but don't count on it. The burden is upon you to prove that you should be released and that you will not be a risk to anyone or the community or pose a risk of flight pending sentence.
Speak to your attorney for more details.