About 5 months ago I went to court for a cannabis charge, and the judge ruled court supervision. But I meet with a probation officer once a month where she often refers to it as "probation" as well. I am just wanting clarification on the two, an...
Probation and supervision are totally different. Supervision is usually a good disposition for the defendant. Probation is very bad, unless the alternative is going to jail or to prison, in which case probation is usually very good by comparison.
The difference is that supervision is not a conviction. It is more like a long continuance, and if at the end of the supervision period the court finds that you have complied with your supervision conditions, the charge against you is dismissed. So you do not have a conviction and if your record is otherwise clean you can usually have your arrest and court records expunged.
Probation is a conviction. You are guilty of a crime and you will have a criminal record. The judge is giving you a break and not sending you to jail or to prison . . . yet. You will be under the strict supervision of a probation officer and if you violate your probation you may wind up with the jail or prison sentence that you did not get initially.
There is also conditional discharge, which is pretty much like probation except that the probation officer is not involved . . . or not in the same way.
Better ask an attorney to check the docket and see what your disposition is. Perhaps your judge ordered something like "reporting supervision" which would have the legal status of supervision, but would keep you under the eye of the probation officer.
Better find out because it makes a difference in whether you will have a conviction and a criminal record.See question
I had a defense attorney for my Criminal Federal trial and felt the attorney did not listen to me. I was able to get some money from family and hired a new attorney for my appeal. I paid my new attorney for the appeal yesterday and today I receive...
Whether your appellate attorney has a conflict of interest or not probably depends on just what his involvement with the case was as a supervisor in the United States Attorney's Office. It sounds as though that is what is being investigated now. If the government concludes that he is not disqualified that will be the end of the matter. If your attorney ultimately agrees that he is disqualified you will have to find somebody else. If they cannot agree, the court of appeals will have to decide whether or not he is disqualified.See question
Representing myself in federal court. Where can I obtain help and/or advice and what resources are available to me? Thanks
I have represented numerous clients in long, complex and difficult federal criminal prosecutions for decades, and I would absolutely never attempt to represent myself if were so unfortunate as to be charged in a criminal case. As the defendant, with my own future at stake, I would totally lack the objectivity and judgment to make the decisions that a lawyer has to make constantly at every stage of defending a case. I do not know a single attorney, no matter how experienced in federal criminal defense, who would attempt self-representation. Every attorney I have ever known of who faced criminal prosecution retained the most capable and respected defense counsel available. That is what I would do. Intending no disrespect to your intelligence, your energy, or your readiness to work hard in preparation of your own defense, that is what you should do, too.
I know of no other honest answer to your question.See question
the case was taken to the Georgia supreme court and the conviction was upheld
If you are asking about Georgia state habeas corpus I defer to my Georgia colleagues.
If you are asking about filing a habeas corpus application in the United States District Court asking for federal review of a Georgia state conviction, the answer is that the calculation of the filing deadline for such a petition is too complicated to explain within the restrictions of an online Q&A forum like this, and the results of getting the calculation wrong can be fatal to your petition. I strongly recommend that you consult an attorney familiar with both Georgia state criminal appeal procedure and federal habeas corpus.See question
Please, how can'i get certificate of no appeal??
Requests for a certificate of no appeal usually come from courts or attorneys in other countries. There is no such document in any United States jurisdiction that I have ever heard of. Depending on what the requesting party requires, there may be some substitute that will accomplish the same result. I would put whoever is requesting this document in contact with your attorney.See question
We are involved in an appeal as the appellee. the appellant was required to file their brief yesterday. They chose yesterday to mail their brief to us and we received it a day after the filing deadline. They also send the parcel postage due. ...
See my answer to your duplicate posting.See question
We are involved in an appeal as the appellee. the appellant was required to file their brief yesterday. They chose yesterday to mail their brief to us and we received it a day after the filing deadline. They also send the parcel postage due. A...
So what? The appellant's brief was timely served upon you when it was posted and it does not matter when you received it. It was timely filed if it was delivered to the clerk or placed in the mail addressed to the clerk on or before the filing date. An Illinois appellate court will virtually always allow an extension of time for a response to be filed, so if you need more time you have only to ask for it. If you want to ask for an order directing the appellant to refund your postage the court might give you that, too. You will only look very foolish making an issue of this.See question
We recently won a judgement in a civil case in circuit court. The loser is appealing the judges decision. We are very confident that the appellate court will uphold the decision of the lower court. Do we still have to respond to the appellant? ...
You are the appellee. I assume you meant to ask whether you are required to respond to the appellant's brief. As a matter of law, no you are not required to respond. And no, if you do not respond the appellant does not win by default or in any other way win "automatically". If you do not respond the appellate court will decide the case on the appellant's brief only, with no contribution from you. The court will still hold the appellant to its burden to show that the judgment was in some way the result of prejudicial error and that relief should be granted. But you will give up your one and only opportunity to state your case and to argue your position before the court, and if you lose the appeal you will have your own unwise decision to blame. I would never advise a client of mine to let an appellant's brief go unanswered.See question
I was told that I would be pleading guilty to domestic battery and be put back on probation. All other charges would be dropped. I just looked up my case and it says I also pled guilty to an aggravated assault with a deadly weapon/rifle. I've neve...
If you think that the docket does not reflect what actually happened in court you might want to go back to the lawyer who originally represented you. The attorney may be able to explain why the docket reads the way it does. If there is in fact an error than a motion to correct the record may be all that is necessary. Other problems might be more difficult.See question
Recently bought the item in Kohl's but yesterday the same item was $1 extra . So thought it's by mistake and I replaced the price tag (now feels guilty). But they found and inquired. I have agreed about my mistake and signed the paper. They gave a...
Since they did not call the police immediately it is unlikely that they will, although it is not impossible. Paying the civil demand will not prevent the store from calling the police, will not prevent you from being prosecuted, and in fact would be evidence admissible in court against you in a criminal case as tending to show that you admitted being guilty by paying the demand. On the other hand, not paying will probably not cause you to be prosecuted if it was not going to happen anyway. As a rule paying or not paying the civil demand has no connection with whether or not you are criminally prosecuted.
If you are a non-citizen, a crime of dishonesty like retail theft can have an adverse effect on your immigration status. Remember that some dispositions that are not criminal convictions under state law, such as Illinois court supervision, may be counted as convictions for immigration purposes. You may want to consult an immigration attorney about this.See question