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There was a class x case and there was no physical evidence against him nore finger prints nore witnesses. And the case was based on he say she say but the person lied to take a plea deal to testify against you.and now they feel bad for lien and r...
That is a very long shot. As a rule, judges are very unimpressed by recantation testimony..See question
It was a couple of days ago that my case was trial by jury and I lost some of the facts the jury did not consider they were not paying attention and I had multiple surgeries
As Mr. Horner suggested, the Avvo find-a-lawyer function is as good place to begin as any. It is only fair to tell you, however, that in my experience ( which is not in New York) most appellate lawyers will not accept a case on a contingent fee basis.See question
This is the Situation. I received a Traffic Ticket from an Accident and I was charged with Offense A by the Police Officer. Before my Bench Trial the State's Attorney's Office Amended the Charge from Offense A to Offense B. I was Found Guilty of O...
You can always raise an issue on appeal so long as it has support in the record. Under Illinois law failure to raise an issue in a post-trial motion normally constitutes a waiver of forfeiture for purposes of appeal, but the appellant can always ask the court to consider the claim as plain error. If you are propose to handle this appeal yourself you will, of course, make yourself familiar with the Illinois standards applicable to claims of plain error. Just because you raise it, of course, does not mean that you will succeed, either on your plain error claim or on the merits; but you knew that already.See question
I'm an uber driver and was shut down because of a ticket that wasn't paid over 11 years ago for public urination. The fee is for almost 1200 dollars
People write in all the time asking what happens if they just ignore a ticket.. Now you know.See question
Is perjury the type of crime that gets prosecuted regularly or is it rare? What types of perjury are more likely to get prosecuted in IL? Does it have to do with money or not necessarily?
Litigants are convinced that perjury is presented by the opposing side in every case. Lawyers and judges, including prosecutors, are well aware that it is a rare case in which a perjury prosecution is possible, much less desirable or indicated. Perjury prosecutions are brought where the prosecutor is unable to prove a substantive crime but is eager to get the defendant for something . . . in the same way that the government prosecuted Al Capone for tax evasion and Jimmy Hoffa for jury tampering when other charges wouldn't stick. A civil litigant who goes to the State's Attorney asking that a perjury prosecution be brought based on testimony in private civil litigation . . . especially marital litigation . . . is almost certainly going to be disappointed.See question
Does the victim have 2 sign a complaint against parties that caused bodily harm within a certain amount of time? If under pain meds & drowsy, dizzy, lightheaded when standing what should the victim do 2 ensure that all charges, citations issued ar...
You are a witness, not a party, and under Illinois law charging decisions, which involve a substantial element of discretion, are committed to the State's Attorney and to nobody else. So you can and should provide the police with complete and truthful information to the best of your ability. But the decision what charges, if any, are to be filed and against whom is not yours to make. The State's Attorney may consider your preferences, but need not.See question
In Feb., 2017, the judge decided that my ex and I will split custody during the summers, 1/2 & 1/2 (I get the 1st 1/2, my ex gets the 2nd 1/2), even though we're only 10 miles apart. Both attorneys objected, but the judge simply said "I'm doing i...
Note that I do not practice in North Carolina. You need an evaluation by an attorney familiar with family and custody law appellate practice in your state.
With that caution in mind, here are just a few of the thoughts that occur to me based on my familiarity with appellate practice in general:
1. Was a final order entered in February of 2017? If so, did you file the notice of appeal or whatever other initiating filings are required by your state law, and did you make these filings within the time that state law requires? In almost every state the deadline for initiating an appeal is measured in days. The longest filing deadline I have ever heard of is 60 days and the shortest 10 days. 30 days is common, but every state is different;. If you had an appealable order in February and you did not initiate an appeal within the time required in North Carolina, you may be too late now.
2. In most states custody orders are reviewed for abuse of discretion, which is a very difficult standard to meet. You might have to convince the appellate court that the judge's decision, which treats both parties alike on the issue of summer custody, is so plainly wrong that no rational judge could ever make it. I would think it would be quite difficult for you to satisfy that standard, assuming that it applies to your case.
3. There is also a serious question about whether it is wise for divorced parents to engage in endless court battles regarding children and custody. It often does the children, and the relation of both parents to the children, far more harm than good. In my somewhat limited experience with custody matters, keeping the courtroom war going eventually leads to children feeling bitterly resentful toward both parents, and the poison lasts for years . . . sometimes for a lifetime.
Consider whether you really want to do this.See question
is that normal?
Your lawyer can and should review the evidence and the law with you and try to help you come to the decision that will be best for you, but by law the decision is yours, not your lawyer's, to make. In the end after weighing the advice of your attorney it is you alone who must make the decision.See question
Hi my friend is going through a appeal and this was on the dockets is this a good thing
I will only add to the excellent responses of my Florida colleagues that one situation in which a motion to toll briefing might be filed is where a potentially controlling legal issue is pending before a higher court, and one or both parties suggest that the case be essentially put on hold until the issue is decided by, for example, the Florida Supreme Court.See question
A PCRA was filed but was denied on May 22, 2! 1017. I was told i have 30 days to appeal. I don't have the funds available to hire an attorney by Wednesday. Is there a way i can file it myself then hire an attorney later?
In most states you initiate an appeal by filing a "Notice of Appeal" with the clerk of the trial level court within the time required by state law. Some states use slightly different procedures. My thought would be that you would file your own notice of appeal pro se along with a motion asking the court to appoint appellate counsel for you, but I suggest that you await a response from an attorney familiar with criminal appeal and PCRA practice in Pennsylvania.See question