Archived
How / Where can I find an impartial federal atty to write a writ of habeas corpus where all state remedies have been exhausted?
James's answer
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Answered on July 31, 2017
Many attorneys, including myself, do habeas corpus petitions in federal court. However, your case is out west. You can check out decisions from...
Archived
What happens next after the police tell me the person I assaulted is pressing charges?
James's answer
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Answered on July 31, 2017
Stop confessing on the internet. You admitted that you hit the other girl. If you are charged, you will have to appear in court, possibly 2 or 3...
Archived
How do I get out of a shoplifting charge?
James's answer
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Answered on July 31, 2017
It is possible that the prosecutor will agree to a "plea under advisement" where if you complete all terms of the probation, the case is dismissed....
Archived
How to get a state domestic violence charge dropped?
James's answer
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Answered on July 28, 2017
Whether to proceed on the charge is up to the prosecutor. They might drop it if you ask them to, or they might not.
Archived
In a post-conviction motion, can you file to subpoena your defense attorney on the case to attest to an involuntary stipulation?
James's answer
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Answered on July 28, 2017
It can be done, but only if the judge first grants an evidentiary hearing (hearing where witnesses testify). If there is no evidentiary hearing,...
Archived
Can I still press charges on my assailant even though the state already has ? The criminal admitted to what he has done?
James's answer
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Answered on July 27, 2017
Criminal charges can be brought only by the prosecutor or the attorney general. Individuals cannot bring criminal charges. You can sue the...
On the return of search warrant if there is no seized items described or listed can they use the seized items as evidence.
James's answer
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Answered on July 27, 2017
They probably can use the seized items as evidence, however, the credibility of their presentation would be affected by the failure to list the...
Archived
How can you be charged with a crime, just having someone hold you legal medication, because your arm is bleeding!?
James's answer
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Answered on July 27, 2017
To charge a crime, all the prosecutor has to do is sign a piece of paper. The real question is whether this charge can be beaten, and right now,...
Will CO extradite me from MI if I jump state while on probation for 2 drug misdemeanors in CO?
James's answer
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Answered on July 27, 2017
To leave the state where you are on probation, without approval from the judge or probation officer, would be a violation of probation, for which...
Archived
On the run for 20 years for 4th d.u.i.
James's answer
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Answered on July 27, 2017
Yes, there could easily be a warrant out for you. If it is a felony case in Wayne County, you can often find out by looking up your name at the...
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