Marshall S. Tauber's Answers

How can an appeal be done if the person can't afford an attorney?

The sentencing judge will tell your friend's trial attorney to hand the defendant the advice of appellate rights form which will explain how he gets counsel appointed for his appeal. It is all very routine and once your friend has the form all he has to do is fill it out and get it back to the judge within 42 days and an attorney will be appointed. Under Michigan Law, if your friend was convicted by a plea rather than after a full trial then, he only may ask for what is called "leave to...

Selected as best answer

About csc case

If he really does have other witnesses that confirm that she made statements about her age being 16, this is material evidence in support of his defense that the sex was consensual. These statements need to be recorded officially by way of notarized affidavits. The affidavits could then be presented (by your lawyer) to the detective in charge of the case as support for for the detective to not submit a warrant request. Sometimes this evidence is persuasive in preventing charges from being...

I hired an att & after the pre-trial I am NOT happy w him. Can I fire him w/out paying the remaining fee?

It is a shame that your lawyer did not prepare you for the questionaire required by most District Court probation departments in preparing your Substanace Abuse Screening Assessment. This is a routine thing that I go over quite thoroughly with all of my clients who have been in similar situations as you--there's no excuse for not discussing the kinds of questions and the way in which the test is scored. Because I have not reviewed your retainer agreement, if would be foolish to advise you to...

Criminal defense, plea bargain under OR criminal proceudre

This is your son's decision. Generally public defenders do good work for 1st offenders and understand the limitations of offers, compared to the ultimate consequence and risk of the higher charge. If your son's end result is a misdeanor conviction, even with a little jail time, then your son has done pretty good--since he did walk into someone's home and take the property of another. If your son is as good a guy as you want to believe, then he should be able to stay out of trouble long...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Received DUI(1st) in Ky. I moved to Alabama and need to transfer my classes,where do i start in Alabama?

Get the hardship license in Ky. so that you have proof of valid driving privileges. Talk to the probation department of the court in Ky. and tell them you need to move and ask what would be sufficient to qualify for the classes from an out-of-state agency. You may also wish to petition the Ky. Court to allow you to leave the state while on probation and allow you to provide proof via mail that you will be enrolled in a substantially similar program in the state you are moving to so that you...

I am a military officer that rents a home in Lawton, OK. It just went into Default and my name is on as a Defendant!

Most states' landlord-tenant laws require that landlords obtain judgments entitling them to regain possession from tenants that have defaulted for any reason. Including ones that just left for reasons that have nothing to do with unpaid rent or other charges. If you are absolutely certain that you do not owe the landlord for unpaid rent or for property damage then the default entered in your matter is likely what was necessary for the landlord to lawfully enter your former residence and to re-...

In a notice of foreclosure suit is it normal for the lending institution to list itself as the plaintiff and as a co-defendant

What I meant to say was that the courts in your state may not have adopted the current notion (as endorsed by the ABA and many State Bar Associations) of encouraging the use of "plain english" in contracts, legal documents and court pleadings" hence the redundancy and obvious silliness of naming a party both a plaintiff & a defendant in the same notice.

In a notice of foreclosure suit is it normal for the lending institution to list itself as the plaintiff and as a co-defendant

It is not unusual for the foreclosing lender to name all interested parties as defendants in some states. In your case the foreclosing party, I assume the mortgagee, or the successor mortgagee, has named itself as a defendant to show that they have an interest in the property that is being foreclosed. While this is an arcane and redundant practice, there are states which still believe that court pleadings should be that way for historical reasons--in other words the stateourts have not...