My classmate is being arraigned tomorrow on charges that occurred in 2013 but about a month ago the prosecutor agrees to put all of his cases to be resolved in a global plea agreement. But he just needs to enter a plea tomorrow and sign a waiver o...
I am assuming that the very existence of a global plea agreement means that your friend has an attorney who has negotiated the agreement. If not, my colleague is absolutely correct, your friend needs an attorney and should do absolutely nothing without one.
In my experience, the phrase "global plea agreement" usually means that a single defendant is facing criminal charges in multiple cases and perhaps in multiple jurisdictions, and a single agreement has been reached, or is being attempted, to resolve all of them together. Sometimes prosecutors from more than one county, or even more than one state, or both state and federal prosecutors, are involved. A true global agreement would mean that everybody is on board and all of the cases are being resolved in a single proceeding, or in related and coordinated proceedings. This kind of agreement is, obviously, nothing to take lately and is nothing for amateur or do-it-yourself attention.See question
I was accused of shoplifting and was arrested for the first time and was later sent a letter in the mail from the store telling me I had to pay a certain amount of money, so I did. And when it came time for my court date, the officer never showed ...
You have not been convicted of a crime, but you do have both an arrest record and a court record. Based on what you have told us you are probably eligible to have both expunged. You should file a petition for expungement in the court where your case was prosecuted. If you do not ask to have your records expunged they will remain available to public view, and will show up on background checks, forever. Although you can truthfully say now that you have never been convicted of a crime, your arrest and prosecution records will show up until there has been full compliance with a court expungement order, so the sooner you get the slow process going the better.See question
Convicted in the state for facilitate 1st degree murder, and sentenced to 19 years for first offence (first offender NO criminal history). Than Indicted by the Federal Government on the same case, but not double jeopardy because the name of the ch...
Not double jeopardy because the prosecution is by separate sovereigns. Feds and state can both prosecute for the same conduct and the same offense. Separate states can both prosecute for the same conduct and the same offense. It doesn't happen often because it is duplication of effort, but it is not double jeopardy and it does happen.See question
I was convicted of theft but wasn't found guilty. I had it expunged. I can't see it on my records. But the law enforcements still can view it. I was wondering why is that?
Because that is how the Illinois state legislature decided to set up the system when it passed the law allowing for criminal records to be sealed or expunged. The legislature wanted to protect people from the employment and social consequences of an arrest that did not lead to conviction, not to make it more difficult for the police to investigate criminal conduct.See question
My friend want to know if she committed a crime and had it expunged and committed another one can the record from the expunged be brought up at trial?
This is a more complicated question than you may think. First of all, your friend needs to understand that if she is convicted of a crime in Illinois it is very, very unlikely that she will ever be able to get it expunged. Second, whether prior criminal conduct is admissible at a defendant's trial on a subsequent charge is a convoluted subject, and whether records of the prior offense have been expunged or not is probably the least important of considerations, if indeed it enters into the calculus at all. And then there is the third consideration which you do not even mention, although it may be the most important, which is whether the prior conduct can be considered at sentencing in the event of a conviction on what is now her second offense.
There is more involved here than a simple online Q&A forum like this can answer in any useful way. If has been, or has reason to believe that she will be, charged with a crime should be discussing this issue with her attorney, not going online for generic assistanceSee question
I'm starting a record label and production company. Do I need a license since I am funding it from my basement alone.
Your question confused Avvo's sorting system. Avvo saw "record", thought "criminal record" and put your question in the "expungement" box, where it does not belong.
I am retagging your posting "Communications & Media" which I hope will get you more useful answers. If that doesn't help, try "Entertainment" or "Business".:See question
My son was on drugs he was with someone that had drugs the person who killed someone and my son was there when it happened he was in the car the guy got out and shot a boy 9 times the guy got back in the car and put the gun to my son's head and as...
Every state has laws governing such concepts as "accountability" or "common criminal enterprise" that address when members of a group are all legally responsible for the criminal acts done by one or by some of them. Presumably this was an issue in your son's case at trial, his lawyer saw it coming and attempted to defend against it, the judge instructed the jury on the law in your state, and the jury found the case for the prosecution persuasive. Your son very likely will want to appeal this decision. Many states have prerequisites for taking an appeal from a criminal conviction (my state, for example, requires a fairly specific post-trial motion before the original trial judge) but all of this is something that your son must discuss with his attorney. All states have short deadlines within which an appeal must be initiated, so he must be sure to comply with that deadline.
You can help your son best by retaining a lawyer whose work on criminal appeals is respected for high quality in your state. If your son cannot afford to retain a private attorney the court should appoint a lawyer to represent him on his appeal.
Above all else, the notice of appeal, or whatever filing is required to initiate an appeal under your state's law, must be filed on time. I wish you all the best.See question
Am appealing pro se in federal court.
I agree with my colleagues that attempting an appeal pro se is not a wise idea is substantially reduces the already low probability of a successful outcome. But assuming that your mind is already made up to go ahead this way, let me make a suggestion.
Don't ask for forms or samples for motions. Learn what your burden is and what you have to show in order to succeed on your motion, and from there go on to figure out what you have to show in support in order to get the result that you want to obtain. At that point, and not before then, a review of a few samples could be helpful assuming that you can tell good samples from bad. Start by looking at Rule 9 of the Federal Rules of Appellate Procedure and any local rules which the 6th Circuit may have on the same subject. Work your way forward from there. If the 6th Circuit Court of Appeals has any guides or practice handbooks for litigants or attorneys, study them carefully.See question
I do have case (misdemner cl.A) with 2years probation ,since this happen I can not work and I need to go oversease to see my family for few months ,can I go or?
You cannot just go. If you do there is a substantial probability that the judge will revoke your probation and lock you up. What you have to do is ask for, and obtain, permission from the judge. This is done by filing a written motion with the court, getting it heard by the judge who put you on probation, persuading the judge that you should have permission, and getting the proper order entered. I strongly recommend that you put this project in the hands of your attorney. In my experience, motions for brief local travel are almost always granted. Motions asking permission to leave the country for a longer period are of course a harder sell and the judge will want to know why you have to go, why it cannot wait, where you are going to be, etc. Don't sit on this until the last minute. Get into court in plenty of time and be ready to change your plans if the judge gives you thumbs down. And having your lawyer do it will help a lot.See question
My case has been going on for over a year and has yet to be heard. Can I motion to dismiss due to insufficient evidence although its on appeal or do I have to wait years until they finally hear the case? My life is at standstill and the judge knew...
Your question is rather confusing but it sounds as though you went to trial in a criminal case, were found guilty, and are now taking an appeal from your conviction. Your first question appears to be whether you can bring a motion to dismiss for insufficient evidence before the appellate court and win your appeal that way without full briefing and argument. The answer to that, unless your state has some very unusual procedures that would allow that kind of thing (which is possible although I have never heard of it) is no, you cannot do that. And your implied second question is whether you can get your conviction reversed because the prosecution's testimony was not credible. Sorry, but that is almost always a dead-bang loser. Appellate courts to not reweigh issues of credibility; no, not even if she was impeached and not even if you think the evidence establishes that her testimony was all lies. I hope you have something a lot better going for you on your appeal. Talk to your attorney. If you do not have one yet, find a lawyer who is familiar with criminal appellate practice in North Carolina.See question