What motion can I set out to withdraw my plea agreement after 1 yr passed from date from conviction? Several meritorious issues.

Once you go by 6 months from sentencing, the only motion you can file is a Motion for Relief from Judgment, also known as a 6.500 motion. Almost...

How is rape proven if defendant is claiming consensual intercourse?

Testimony is evidence. If believed, it is proof. That applies to testimony by her for the prosecution, and testimony by him for the defense. If...

Can you get charged with a gun and one was not found and can you get charged with 3 counts of a crime when 1 individual was hurt

If there is evidence that he fired at 3 people, they can charge him with 3 counts of assault with intent to murder, which carries a sentence of...

Can my daughter be charged for a fight she didn't start..

It does not matter what the actual facts are. What matters is if anyone says she committed an assault. If someone says that she can be charged,...

There were no latent prints on the murder weapon. Where does she go from here?

The only motion available is a Motion for Relief from Judgment, also known as a 6.500 motion. If she has filed one on or after August 1, 1995, she...

How do courts get around the first amendment when prohibiting teachers from teaching in school?

Freedom of speech applies generally, but not on the job. For example, if you work at Wendy's, you cannot go around during work telling potential...

I drank 10 beers from 4 p.m til 8 pm I have to test at 10 30 am the next morning will it show up in my piss test

Alcohol usually stays in the system about 3 days.

Does simply saying God dmn constitute disorderly conduct ? Falsely arrested in Barrow County GA. Is there a profanity ordinance?

No, you have a constitutional right to use such language. Here are some relevant cases from the courts. See Terminiello v City of Chicago, 337...

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How would I enforce and utilize my constitutional right to travel? what detail pertaining to that are most important?

You might have a constitutional right to travel. Exercise it by traveling. You do not have a constitutional right to drive a car without a...

Does a search warrant have to have a case number??

The real question is whether the affidavit for search warrant (which you probably do not have yet) demonstrates probable cause for the search. ...