Archived
A 15 old hit his mom & she filed charges against him. Mom wants the charges dropped & told the court. No reply from them
James's answer
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Answered on April 02, 2015
The prosecutor has discretion to proceed with the charge or drop the charge, no matter what the complaining witness says. If the mom wants charges...
Why can't we as citizens bring charges against but he President and his Administration for clear violations of his Oath?
James's answer
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Answered on April 01, 2015
Ordinary people do not have the authority to bring criminal charges. Only prosecutors have that authority. The main action to take against the...
Archived
Evidence that a lead detective committed criminal acts in a defendant's case (ex. stole drugs or other evidence), would....
James's answer
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Answered on April 01, 2015
It would be impeachment only if the detective as a witness denied taking those acts. In most cases it would not be exculpatory, because an officer...
Archived
How much can it cost to get help with a Habeas Corpus Petition? Can we just hire a paralegal to help?
James's answer
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Answered on April 01, 2015
A lawyer will not normally accept hiring to "help" with a legal pleading. When the attorney takes the case he or she takes responsibility for the...
Archived
What are the steps to getting appeal? How are the appeals granted?
James's answer
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Answered on April 01, 2015
To seek appeal from a circuit court conviction, file an application for leave to appeal to the Court of Appeals. If the COA grants permission to...
Archived
Denied visitation @ MDOC. Is there anyway to appeal the decision ?
James's answer
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Answered on March 27, 2015
The decision is subject to being overturned but the chances are not wonderful. Normally, they do not like the prisoner having continued contact...
Archived
Does the prosecutor always have to write a answer brief in a appeal (criminal case) my friend appeal is being heard next month
James's answer
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Answered on March 25, 2015
In Michigan, the prosecutor is not required to file a brief on appeal when you are appealing. They have a choice of filing a brief or not. They...
Archived
How important are transcripts in a criminal appeal??
James's answer
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Answered on March 24, 2015
Transcripts are required by the court rules regarding appeals, and you cannot proceed on appeal without them. Even if there were no such rule, you...
Archived
Do I have an appeal case?
James's answer
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Answered on March 24, 2015
The remedies the Court of Appeals can give depend on the issues being raised. As long as he remains convicted of first degree murder he can never...
Archived
How was officer entitled to that purse ?
or using force on a 14yr Old girl patting her down not reading her her Miranda rights
James's answer
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Answered on February 13, 2015
When making an arrest, the police have the authority to search property associated with the defendant. Most judges would find that it was proper...
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