Can a party make additional arguments during an appeal on their reply brief? (especially if it is already on the record)
Paula's answer
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Answered on March 10, 2023
The proper scope of a "Reply" Brief is to respond to the arguments presented in the Answer Brief. You cannot present any new claims of error...
What are some reasons for believing that the defendant will become competent to proceed after a charges dismissed request?
Paula's answer
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Answered on March 09, 2023
The State will focus on the reasons why your mother was determined by the court to be incompetent in the first place, Unfortunately, some...
Is a downward departure only allowed once?
Paula's answer
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Answered on March 09, 2023
Unless the case requires the imposition of a mandatory sentence, such as a conviction for first-degree murder, a defendant has the absolute right...
What does a motion to dismiss mean?
Paula's answer
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Answered on March 08, 2023
I do not see how the answer could be "yes" regardless of which party is filing or the basis for the request.
What happens when your bf gets caught stealing
batteries at Walmart &has no ID so they take yours instead & takes pic of him?
Paula's answer
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Answered on March 07, 2023
I agree. It sounds like he may have dodged a bullet this time. Since he had no ID, I am guessing you were the driver. You got caught up in your...
Can i appeal a guilty plea for ineffective assistance of counsel if conditions are met ?
Paula's answer
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Answered on March 07, 2023
Part of entering a knowing, intelligent, voluntary plea is understanding your sentencing exposure - in your case, up to life. Ensuring you are...
Merger doctrine in criminal appeal?
Paula's answer
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Answered on March 06, 2023
Yours is a great question, period.
I think the correct answer, which your trial lawyer may not even hazard a guess on unless he/she handles...
If I sign a 10 year cap before entering an open-plea and get sentenced to probation and then violate w new charges is my cap 10?
Paula's answer
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Answered on March 05, 2023
When you violate probation, the judge can sentence you to any legal sentence that was available before your original sentence - in this case a gift...
I was arrested for stealing in the state of Florida . I live in NH and have a court date is there a way to avoid court
Paula's answer
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Answered on March 05, 2023
If by "avoid court", you mean, make the case disappear, probably not. From your post, it seems that you were arrested in Florida and then fled to...
Does a police officer communicate with the prosecutor if they have been subpoenaed by the opposing counsel in the case?
Paula's answer
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Answered on March 05, 2023
Law enforcement officers are ordinarily State witnesses. That is highly likely in your case since it is your lawyer who wants to depose them. Since...
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