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On appeal from trial court. Defendant has filed reply brief. Defendant argues issues for first time on appeal. Defendant did not file a response to these issues in trial court. Did not file a response to Motions in question in brief.
You cannot assume that. The defendant may have waiver or forfeiture problems, but many jurisdictions hold that a judgment can be upheld for any reason that is supported by the record. I urge you to consult a Virginia attorney familiar with appellate practice that state who is willing to become familiar with the record and with the briefs that have been filed on appeal so far.See question
I was arrested for assault on a peace officer but my son is my Jr and they've put the charges under his name.
The charge can be amended and presumably will be.See question
FBI Case brought to Southern District in CA.
I agree with all of my colleagues and I will only add that in many cases there is disagreement between the government and the defendant as to whether certain guideline provisions apply to a particular case or not, and these disagreements must be resolved by the judge. So there may be considerable uncertainty about the final guideline level calculations until the judge actual decides those disputes during sentencing proceedings.See question
The appellant would prefer to start procedure for the innocence project rather than wait around for a couple of years to only hear that the appeals courts found no error.
Please note that I do not practice in Texas. I write only to suggest that you not make that decision before you have discussed it thoroughly and carefully with an attorney familiar with criminal appellate and collateral review practice in your state. The laws relating to waiver and forfeiture and claims are highly technical and vary widely from state to state, and you definitely want to avoid making a decision that might prevent you from pursuing a potentially valid issue.See question
my son was sentenced to life in prison for a murder ,he had a court aqppointed attorney,for the appeal would it be at his best interest to nretain a lawyer
There is no way for us to know. The attorney appointed by the court might be a superb appellate attorney. A lawyer whom you retain might turn out to be disappointing. Or vice versa. It is very difficult even for an experienced attorney to evaluate the quality of appellate work on a case which one knows nothing about. The best guide, in my opinion, is to look for an attorney with a strong and established reputation among other lawyers for high quality criminal appeal work. If the attorney appointed by the court enjoys such a reputation, then you might be well off staying where you are. Either way, at least you might want to look around to see who else is well-regarded whom you could at least consider.See question
How can one court indict you for a crime,and then ship you two another court some where else and they Indict you again for the same case months later ,and make changes in it.
It is unclear from your posting exactly what has happened in your case but nothing in what you have said jumps out as unusual or improper. If you are facing a criminal investigation or prosecution you should have an attorney representing you. An online Q&A forum is absolutely not a substitute for legal representation..See question
I recorded a 15 year old girl undressing before taking a shower
You have now made two online confessions to this site alone. Stop posting about this matter and consult an attorney. See my answer to your other posting.See question
I video recorded my girlfriend 15 year old daughter undressing before taking a shower
That ;would depend on the specific charge or charges that might be brought. Charging decisions are made by the prosecutor, in Illinois called the State's Attorney, based on the details of the offense as the police and the prosecutor's office understand them to be. Without knowing what charges have been brought any attempt to answer your question would be no more than speculation.See question
Just seeing if I can take care of this myself false police report,possession charge , theft charge
If your cases were convictions they probably cannot be expunged although perhaps they can be sealed. Seven years is not a relevant consideration either way. With this record I think you would do better to consult an attorney to see, first, whether expungement is even a possibility and, second, to increase the probability that a request for sealing will be granted. If you try it on your own and are turned down you may have trouble asking again in the future.See question
My cousin has a case going on and the judge set him for a jury trial.
In an Illinois state court the decision whether or not to have a jury lies entirely with the defendant. In a federal court the defendant, the prosecutor and the judge must all agree to a bench trial. Whether to try a case before a jury or to the judge alone is a highly individual, case-by-case decision which the defendant and the defense attorney must make in consultation with each other. The answer is not the same for every case or for every defendant. Your question, "Is there a difference in conviction rate between the two," although it sounds like a reasonable and sensible thing to ask, is in fact meaningless. The two cannot be compared because cases tried before a judge and before a jury do not get tried that way at random or by chance, but because careful consideration of individual case factors lead the defendant, on advice of counsel, to choose one or the other.See question