I need lawyer for criminal defense

There are any number of highly skilled California criminal lawyers on Avvo - do some research, make some calls and choose an attorney. Good luck.

A 440 motion is a motion for a new trial - essentially a state habeas corpus proceeding seeking to set aside your conviction. . If you want to sue...

Although I agree with the comments of fellow counsel, the thing that stands out for me is the claim that no amount of restitution was ever set....

Marijuana charge

Yes you really could be charged - to some extent depends on the vagaries of the cops - do they want to be bothered with bringing the charge -...

How long does a mandate from a state court of appeals usually take?

Physically go down to the clerks office and ask to see the docket for your case. If the mandate from the appellate court has not been recorded,...

Can I be questioned about my husband in Montana if he's arrested

No there is a husband and wife privilege under Montana Law. In fact the Rule provides that: 26-1-802. Spousal privilege. Neither spouse may,...

Is the denial of a motion to recuse or disqualify a judge under 28 U.S.C. § 455 subject to interlocutory appeal?

No - the only avail remedy if a Petition for a Writ of Mandamus to the Circuit Court of Appeals - and good luck. To say that the chances of winning...

The answer is that as a general rule the recording itself is the "best evidence." In a criminal case the actual recording and a proper chain of...

If an 18 year old was dating a 15 year old, but there was no sexual action going on, can that 18 year old still get in trouble?

Of course dating is not illegal, but as you say - "saying is different from doing." In Illinois, the age of consent for sexual relations is...

Blowing off a served subpeona

I think Eric Rothstein's analysis is most on point. The CPL provides for jurisdictional boundaries for the service of a subpoena - if the subpoena...