What kind of violation occurs if the public defender assigned to a case violates there 5th Aendment right?

I agree with Mr. Sachs. An experienced appellate or postconviction counsel would have to evaluate it fully.

Neither. A “fatal variance” is when some essential element of the indictment doesn’t match up with the proof at trial. For example, it used to be...

If a judge doesn’t rule on an objection, that means that the objection cannot be used during an appeal because an appeal requires an “adverse...

What are my options on speeding up my custody trial?

If you have an attorney, we cannot give you legal advice here. Speak to him or her about your concerns and ask if there is anything he or she can...

Almost always, an appellate court, whether state or federal, will not consider any claim or argument not raised in the lower court. A couple of...

What is the time limitation whereby the government have to have a de novo trial in circuit court after appealing speeding fine?

No, there is no specific time limitation but if you file a motion for a speedy trial that should expedite it to the next available docket.

If my name on my traffic ticket is spelled wrong and the year of the car is incorrect will it get thrown out ?

These minor errors will not result in the ticket being thrown out. Your speedometer not functioning is not a good excuse, either.

Want to file a pretrail motion to dismiss on grounds of statue of limitations has passed?

The date that the warrant is issued is the commencement date. Assuming that was within 12 months of the alleged event, it was timely within the...

What do I need to do ?

Absolutely you need to take a lawyer with you. Even if you believe you just may be a witness, this officer may think otherwise and he certainly...

It is similar to but not the same as TASC. Both require random testing, but TASC is designed more to be sure you stay clean while on bond. CRO is...