Writ of mandamus.

Writs are extraordinary remedies and, generally speaking, only available on limited grounds. A writ of mandamus or possibly prohibition (to...

Does federal court choose which cases they will hear?

This is not really a criminal question, and should be recategorized under Civil Procedure; however, I'm happy to briefly address it. In...

I have 2 DUI charges with serious bodily harm...

When others are injured or property is damaged, it adds an extra wrinkle to plea negotiations. More to the point, though, as you can see, it...

Yes, they can--anytime they want. Prosecutors, unlike defense attorneys, are "fungible" under the law. Meaning, they are viewed as...

Judge granted recusal then cancelled trial date, can he do that?

The simple answer is: yes, he can. Once a facially-sufficient motion to disqualify (or, recuse) a judge is filed, the judge must recuse him or...

I can see why you were upset with his or her request. It's an awfully intrusive and stressful situation. However, it does seem that he or she was...

Selected as the best answer

As a former public defender, I've never heard of a situation wherein we were appointed to someone in a situation like yours. Almost invariably, we...

How long can they hold you in jail without being indicted in the state of Florida even if it's a Federal case?

Usually in a federal case what gets the ball rolling is a criminal complaint. That complaint is accompanied by an affidavit (i.e. sworn statement...

If you refuse the breathelizer and the video would be proof that you passed the sobriety tests can you win the case.

You should not bank the strength of your case on the availability of a video recording of the field-sobriety exercises. The simple truth is: most...

How do these things usually go? Do I need to hire a lawyer?

Will you have to go to court? Yes. Put simply, the police officer had two choices (after he made up his mind he was going to nab you on the...