Archived
How long does it take for a subpoena to be issued after sending in an application for statement of charges has been filed?
Matthew's answer
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Answered on February 20, 2020
I agree with both Attorneys, The State's Attorney can choose to initiate charges and issue a summons at any time before the 2 year statute of...
Archived
What should I do if the police wants to interview my son about a homicide?
Matthew's answer
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Answered on February 20, 2020
I agree with both Attorneys your son should not speak with investigators without an Attorney present. If he is picked up and brought in for...
Why do prosecutors withhold discovery? Does a postponement mean I waive my hicks rule rights ?
Matthew's answer
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Answered on February 17, 2020
I agree with Mr. Oakley, furthermore your Hicks date will not be waived by your Attorney if The Court finds good cause for the postponement. The...
Archived
How to apply to commissioner for authorisation of a public defender
Matthew's answer
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Answered on February 16, 2020
Go to The Commissioner's office, file an income statement and application to OPD. He must apply at least 10 days before his trial date or OPD will...
Archived
Wjat happens when stet is nopened due to new case
Matthew's answer
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Answered on February 16, 2020
I agree with Mr. Scherr, since it has been over one year, The State must show good cause to re-open the case under a stet.
Archived
Will my husband have to do jail time for a first time felony offense?
Matthew's answer
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Answered on February 16, 2020
I agree with Mr. Ness, deadly force cannot be used to defend property, only for defense of yourself. A property owner can threaten the use of...
Archived
Can cds distribution case get thrown? If money was never confiscated
Matthew's answer
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Answered on February 16, 2020
I agree with both Attorneys, a finding of guilt for cds distribition requires The State to prove beyond a reasonable doubt there was possession of...
Archived
Can case be dismissed if money was not? Taking for cds distribution
Matthew's answer
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Answered on February 15, 2020
I agree woth both Attorneys, cds distribution only requires posession of cds with a specific intent to distribute the substance, exchange of money...
Archived
Should money be confiscated after cds distribution arrest
Matthew's answer
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Answered on February 14, 2020
If your money was not confiscated you should not be second guessing whether it should have. Consider yourself lucky property was not seized because...
Archived
Does the inmate show up at a dismissal hearing
Matthew's answer
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Answered on February 14, 2020
I agree with Mr. Eidelberg, a Defendant does not necessarily need to be present for The State to enter a nolle prosequi, but The State will usually...
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