If papers were forged on behalf of an unsuspecting parent which allowed their child permission to leave state and have their probation transferred with the minor, what kinds of penalties would the guilty party possibly be facing in the state of Il...
It could be serious, but at the same time no prosecutor wants to be manipulated into acting as muscle in a divorce or custody dispute. And going to the authorities has its dangers. Police and prosecutors have their own agendas, and those agendas may not be yours. Once the whistle is blown it can never be unblown. There is a child involved here, who apparently has problems already. What good is it going to do any of you for one parent to get the other parent prosecuted?
I suggest that a very deep breath and consultation with some neutral and trusted advisors, whether family, attorney, counselor, etc. might be wise before anything gets done that can never be undone?See question
For example if the court records had somebody's name spelled wrong or an incorrect date of birth for the defendant. The specific situation I'm talking about is where a the defendant plead guilty to possession charges and was placed on probation...
You do understand what happens if you are permitted to withdraw your guilty plea, don't you?
It won't happen for the reason that you ask about, but if for any reason you were allowed to withdraw your plea the case would return to square one. You would be facing all of your original charges and potential maximum penalties. The prosecutor could probably add additional charges. Your deal would be gone and it is most unlikely that you would be able to get another one. In order to beat the case you would have to take it to trial and win it, and if you lost at trial you could expect to get hammered.
I strongly suggest that you have a serious talk with your attorney before you attempt to withdraw a plea. In my experience, most defendants who have succeeded I withdrawing their pleas wind up wishing they hadn't.See question
I have music that I've performed over the past 4 years and I think is ready to take to the next level. I want to understand how to legally protect myself and how to land my music a major record label for distribution single songs.
I have retagged your question "Entertainment". You will get more useful answers that way.See question
Just saw this on the Docket. What does this mean?
A writ of habeas corpus ad testificandum is court order, issued over the seal of the clerk of the court, commanding the custodian of a prisoner to bring the prisoner to court in order to testify. Such a writ is issued by court in any case in which a prisoner is to be a witness. The sheriff or warden who receives the writ is required to produce the prisoner in court, under guard, on the date specified.See question
I do not practice criminal law. This is a court-appointed case. The Defendant would like to appeal the trial court's sentencing of his crime. After filing the notice of appeal within 14 days of the court's decision, what comes next in terms of ste...
The backbone of federal appellate practice is the Federal Rules of Appellate Procedure. Circuits also have their own local circuit rules that they expect counsel to know and follow. These are available from the clerk of the court of appeals and may be posted on the court's website. Some circuits also provide their own practice handbooks and other guide material. The Seventh Ciircuit publishes a superb Practitioner's Handbook. Here is a link to the current edition: http://www.ca7.uscourts.gov/forms/Handbook.pdf. You may find it helpful but remember that it reflects the practice and views of the Seventh Circuit and that it should be applied with caution in other circuits, and with reference to local circuit rules..
If federal criminal appellate work is totally new to you, consider finding a mentor to work with you on your first case or two. This is not an easy area of practice.
Good luck and, on behalf of all your colleagues, thank you for accepting the court's appointment.See question
So, I got caught shoplifting at a department store. The LP took me to the back and I signed some paper work. Police was involved and they gave me a ticket saying I would have to appear to court to pay a fine (this fine is separate from the one I h...
All we can do here is guess as to just what is happening and you really should consult an attorney. It sounds to me as though the police charged you with a municipal ordinance violation. There is no uniformity as to how these are treated. Some municipalities prosecute ordinance violations in court. Some use a municipal hearing officer procedure. Some have a pay-and-compromise option available. Most importantly for your purposes, some report violation charges to the state criminal records authorities and others do not. I would check with a local attorney about this to be sure the case is resolved in a way that will not give you a record or, at worst, that any record you do pick up can be expunged or sealed.
I note that you have tagged your question "juvenile". Be sure the lawyer you consult knows if you are a juvenile.See question
My idea is to find similar cases I can use as case law. My problem is that I'm mostly finding county level cases once they reached the appeals court. I want to see cases that haven't gone that far. Ones that were decided and remained at the county...
As a rule, it is only the published opinions of reviewing courts that can be cited as what you call "case law". Trial court dispositions as a rule have no controlling or even persuasive value. The only exception I have encountered is that some federal district court orders addressing legal issues are published and these may have some persuasive, although never controlling, value. But as you have found, state court trial level results, which are essentially fact-oriented rather than law-oriented, are seldom published because they are too fact-specific to have any precedential value.
The practice may be different in New Jersey, and I defer to my New Jersey colleagues.See question
I'm appealing an agg assault charge. My trial counsel did not offer defense, evidence, object to any evidence from DA or even offer any jury instructions of self-defense, justification, mental health, etc. even though Judge asked 3 times and even ...
You raise a very technical question, the answer to which will depend on the law of your state. The answer that would be right for one state could be disastrously wrong in the state next door. I would discuss this issue with your appellate attorney and also with the attorney (quite possibly not the same attorney) who will be advising and representing you regarding your PCRA proceedings. Ideally the attorneys will agree as to the correct approach and will coordinate their efforts.See question
I'm fighting a sales case and a felon with ammunition in which there's a strong case 4 unlawful detainment and illegal search , I have a court appointed attorney and need to no if there is such a thing as a court appointed appeals attorney .
An indigent criminal defendant has a federal constitutional right to appointment of counsel on appeal at least to the extent that state law allows retained representation to those who can afford it. Douglas v. California, 372 US 353 (1963). Different states comply with this constitutional guarantee in different ways, but one way or another they must make appellate counsel available to an indigent defendant, although the right may be subject to some limits or restrictions.See question