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Perpetrator accused of aggravated assault with deadly weapon and shooting at or within vehicle both felonies and turned themselves in have video of incident why would state request toll speedy trail?
Speedy trial limits are there for a defendant's protection. There are statutory and constitutional limits. In either case, the sanction for the government not bringing a defendant to trial within limits is harsh for them, good for the defendant. Therefore, they seek to not exceed those limits. Tolling is the concept wherein a clock that is running (say, your speedy trial clock) is stopped for a period of time, essentially extending the speedy trial time limits. There are many reasons this could be invoked. Since the jurisdiction you are under is in question (federal or state - you mention elements of each), and the reasons varied, you need to speak to that lawyer for a specific answer. Therefore, this could be wording that would apply to a purely procedural extension of the trial date without objection from the parties, or it could be a tactical move by the government driven by a specific fact pattern of this particular case. Either way, god luck.See question
Was just pulled over and released. Officer told me I have a capias warrant on fraudulent from 2015, only thing I can think of is food stamps (for not letting them know when I found a job). I've never been in trouble and am scared to think I have t...
You can continue to ignore the warrant and be picked up at random, held or bond out until court date, and then handle the issue at the court's leisure. Or, you can become represented, have the issues discovered, discuss possible strategies for having the case resolved, then decide how to open and resolve it. I recommend the latter.
Consult with an attorney and have this warrant recalled sooner rather than later. Good luck.
My husband recently filed a motion to correct illegal sentence. He received a mandatory minimum for armed burglary of a conveyance. Florida law states that anyone who commits a crime while in possession of a fire arm shall receive a mandatory mini...
If all sides agree and the error is clear from the record, then the appellate court will order the trial court to make the correction, and if any evidentiary matters exist, there might be a hearing for that purpose prior to the correction being ordered or the new sentence imposed.
So, "up to the courts" may mean correcting the illegal sentence and, if enough time is already served, he gets out or it means the courts must hold a sentencing hearing to make the correction and now argue for some other sentence, if the government feels compelled to do so, that requires additional time based on something other than the statute that was incorrectly applied. Sorry if that's confusing, hope it helps. Good luck.
After fulfilling all of my requirements, I was recently early terminated from probation. My PO on multiple accounts came to my house and stayed for sometime up to 3 hours. He made sexual remarks, pinned me up against the wall (with my year old d...
Yes, there is a way, and there are lawyers who have experience in just this area. Your task is to locate one and quickly, as such claims take time to address and are only valid for a limited amount of time once they occur. Be aware that you can likely hire a lawyer for a case such as this on a contingency basis, meaning you owe nothing unless you win the case. We offer free consults.See question
I'm looking to obtain a dui attorney in Jacksonville Florida. I was pulled over because the office stated I was speeding....I did the field test which I though I passed but I was arrested. I blew a .086 and a .078. So im looking for an attorney to...
There are many fine DUI attorneys in Jacksonville, and some not so fine. I suggest you consult with several and use that experience to make an informed choice. It sounds like you may have a defense to the blow, if your information is accurate, so find and hire an attorney that can leverage the facts to your best advantage. You can also get a quote on the cost this way as well. We offer a free consult. Good luck.See question
I was arrested 5 years ago for cyberstalking I am not proud and I learned from this experience my adjudication withheld has been withheld and now I have a federal background check coming up. I don't want to lose my job but I am afraid I will pleas...
There is not much you can do to affect what searches will reveal about your history other than trying to seal the record. In your case, you need review to see if the crime you settled is eligible for sealing, and should also know that a federal background check will still show the sealed record. However, sealing will remove the record from civilian eyes which may have value to you apart from the employment issue. See an attorney for a review. Good luck,See question
it's been 6 days since I was supposed to pay my ticket is it to late to get an extension? or do I still have the opportunity to recieve an time extension?.
Depending on what the citation was for, you may already have a warrant out for your arrest if you come into contact with police. Try calling the clerk of court and requesting a new court date. If that doesn't work, contact an attorney immediately to get your case set with a court date, have the warrant recalled, and deal with the underlying issue. Good luck.See question
My girlfriend was charged with a 3rd Degree Felony of Schemes to Defraud. She sent her debit card to a man who she found on Facebook who had communicated with familiar names to her about getting money in a legal manner. She never sent him her PIN ...
The answer is to hire a good defense attorney. An attorney investigates a client's case, uncovers facts in her favor, and makes them known to the prosecution and jury, if need be.
State no more facts online, and go see a lawyer. If she has been appointed a public defender, try to contact that lawyer and get all information to him or her. Good luck.
I was released on ror and have a court date upcoming. I've had to make two calls reporting in and will have to report in person one day before my trial. Will I be drug tested before my court date and if I fail will they send me back to jail.
If you were placed on pre-trial services for a DUI you are likely going to be tested. Depending on how long since placed on testing and for what drug you turn up positive, and what judge is involved, that will determine the outcome. You should speak to your lawyer as you do not seem to understand where you are in the process. If you are truly headed to trial, and have not yet been tested, then testing may not be a part of your agreement. But, if you are just set for arraignment or other pre-trial event, then testing may become a feature of your pre-trial release. Call your lawyer.See question
My son finished out his probation in county jail. Meantime they had a hold on him when he finished; Tenn to extradite him up there. Once they did pick him up, he was considered Tenn property. Florida has no say on him anymore. What I want to kn...
That is a tough question. There are laws pertaining to extradition that are agreed upon by the states that are a party, but specific law on the time and manner of transport are sketchy. The New York Times recently ran an article on the subject; See link below.
As far as a legal limit? I am not aware of any freestanding legal limit, though I suppose limits that imply the 8th amendment or 5th amendment against violations of due process could be asserted at some point; the prisoner is entitled to see a judge within some limit (usually 30 days from arrest. Of course, outright negligence can be prosecuted in civil court but would require an especially egregious case. In all cases, the problem is that the remedy is only available after the harm has been done. Stay in contact with his attorney to make sure any remedy appropriate to the situation is pursued. Good luck.See question