Is there a good argument for not exhausting State judicial remedies on a procedural due process claim before filing in federal?

Your question really cannot be answered in the abstract - an attorney familiar with 1983 litigation would have to review the underlying basis for...

6th ammendment

The "right" of confrontation is a trial right, not a pre-trial right. As the other poster noted, if an "anonymous tip" is what gave the police...

I was arrested and paid bail. Now 93 days past with no charges filed. I have an alcohol bracelet on as condition of bail.

You need to talk to your lawyer about this, and if you don't have a lawyer, the first thing that you need to do is get one. If you cannot afford...

What part of the Constitution states you must pay all fines in cash?

The range of fines are set by the Legislature and which fund they go into is also pursuant to State law. If it is a criminal fine as part of a...

I pawned a rifle a friend gave me then he got mad one day and reported it stolen what do I do

You really need to talk to a lawyer about this and not on this site, as nothing here is privileged. But, if ANYONE reported it stolen and the pawn...

The "Grand Jury" clause only applies to federal prosecutions under the Fifth Amendment; State law controls state criminal procedure, but absent the...

I take some issue with the responses of the prior posters. Without reviewing your enlistment / scholarship contract and the hearing results, it is...

Can my company keep me past my final out date for a pending ucmj?

While I agree with my colleague, Mr. Cassara, I would note two additional things: (1) you are still considered on active duty during the period of...

I have a military conviction. Can I be tried again in the state where the crime happened even though the arm already has?

The answer unfortunately, is yes. There is a rule that says if there are two different government jurisdictions - here the federal government...

I was arrested for assault on a female in 2012 in north carolina. The charges were dismissed. I am eligible for expungment?

If your charges were dismissed, the records should be sealed, which means that there's no need for an expungement. However, if the were dismissed...