Archived
How do you answer a Quash? I been sent a quash by the Defendants lawyer and I don't know how to answer it. What should I do?
Scott's answer
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Answered on October 31, 2014
It sounds like the attorney has filed a Motion to Quash a subpoena, but you would need to provide more facts. This is often done if the other side...
Archived
Facing false misdemeanor charges in second-degree assault, trespass and failure to obey. First ever arrest and criminal charge;
Scott's answer
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Answered on October 31, 2014
These are serious charges that need to be defended. Do not speak with the police or post any more details on AVVO since this is a public forum. ...
Archived
Can LL bill tenants for damages when no security deposit was collected?
Scott's answer
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Answered on October 31, 2014
Mr. Wills is correct. The landlord can bill the tenants for any damages in excess of ordinary wear and tear. All tenants on the lease are liable...
Is there a time limit on filing a motion?
Scott's answer
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Answered on October 31, 2014
You have 10 days to ask for a new trial, 30 days to appeal, and 90 days to ask for a modification of sentence. Consult with your attorney...
Archived
What is the process of filing for a conviction to be overturned after conviction with no DNA evidence that the prosecution knew.
Scott's answer
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Answered on October 31, 2014
You should consult with an attorney about post-conviction relief. It is expensive and the chances of success of overturning a conviction are low,...
Archived
Is it possible for me to sue my father who had me arrested based on false statements and include my bail that I'm paying
Scott's answer
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Answered on October 30, 2014
If you are acquitted of the charge or the charge is dropped, you may have a malicious prosecution claim against your father. You would be required...
Archived
Need to know what legal options I have in preventing or stopping my license from getting suspended in 15 days due to a civil cas
Scott's answer
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Answered on October 30, 2014
I assume that you did not have insurance at the time that the accident happened. If you had insurance, it would have paid the judgment. In...
Archived
Will a judge rule on a motion to dismiss a case for lack of jurisdiction prior to the initial appearance?
Scott's answer
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Answered on October 29, 2014
I doubt that you will get a ruling prior to trial. Make sure you have an attorney in case the police officer or other witnesses testify that the...
Archived
Can one enter new evidence in Federal Appeals Court that was not available when the case was in lower District Court?
Scott's answer
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Answered on October 29, 2014
No, the issue must be preserved by raising the issue at the trial court level. If you did not present the evidence below, it cannot be considered...
What is the meaning to file a pro se petition?
Scott's answer
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Answered on October 29, 2014
"Pro se" means that the person is representing himself or herself and does not have an attorney. The motion to withdraw means that they were...