Individual had two yrs parole he served 15 got a job and went to school after serving a 7 yr sentence. After 15 months caught a domestic charge. What is the parole board likely to do to the violater? And are there any alternative options besides s...
He is in serious danger of having his parole revoked and of being returned to prison.See question
I have a complex issue in federal court for the district of NJ. I have no law degree, and am not an esquire. I do however possess extensive knowledge and skill to assert the claims of the proposed "class," but am uncertain if this is do-able. I be...
Class action litigation is hardly my field, but your interesting question led me to look at the cases that you cited. Your Caputo case in turn relies upon Oxendine v. Williams, 509 F2d 1405, and the answer that the court of appeals gives in Oxendine sounds to me intuitively correct. While there may be no explicit prohibition under the controlling rules of procedure, it is virtually impossible to imagine a court approving a pro se litigant as a class representative. Remember that if you fail you drag all of the other class members down with you. Can you imagine any court handing that authority over to a lay litigant? Or can you imagine any class member agreeing to your representation? And the defendant will object to your representing the class on the entirely reasonable grounds that it will inject a serious potential for reversible error into the proceedings so that the ultimate result, whatever it may be, stands to be reversed on appeal.
Nothing prevents you from asking (except perhaps state rules governing the unauthorized practice of law) but do not expect to be approved.See question
OVER 20 YEARS AGO I GOT INTO SO TROUBLE AND I HAVE BEEN GOOD EVER SINCE UP UNTIL I WAS IN THE WRONG PLACE AT THE WRONG TIME AND NO WI HAVE SOME NEW CRIMINAL CHARGES. I READ SOME WHERE THAT AFTER TEN YEARS THEY CANT BRING UP YOUR PAST AND SO MY QUE...
The prosecutor will probably not be able to use your old case at trial to impeach your credibility if you should testify. If you are found guilty the old case might be considered in determining what your sentence should be.
Never, ever, use that "wrong place at the wrong time" in front of a judge. It could get you a couple of extra years. I am serious. There are judges who interpret that kind of statement as a failure to acknowledge responsibility for your own conduct, and will hold it very much against you in imposing sentence.
And, needless to say, you should have an attorney representing you.See question
My boyfriend is currently in the county jail due to accusations of a CI setting him up in a drug buy. But the CI is saying that he isn't taking the stand in court because he didn't do it. But the officers clearly told my boyfriend who the CI is. T...
It very often happens that after the CI provides information that helps the police get started in their investigation they are able to gather enough other evidence that they do not need to use the CI as a witness in court. In my experience, the prosecutor will never call the CI unless there is no other way of making the case, and usually there is. Your friend's lawyer appears to have concluded that the case about which you ask is such a situation, that the prosecutor does not need, and will not call, the CI, and that CI has nothing useful to contribute to the defense. That could all be very true. Your friend's attorney is the one who can explain.See question
2 possession charges, 2 paraphernalia charges, 1 charge for an obstructed windshield.
When charges have been filed as convictions? Pardon me but that makes no sense. A charge is a charge and a conviction is a conviction. A charge is not a conviction. Please try to explain what you are asking us.See question
My relative accused me of stealing her identity and I was found guilty of identity theft and was given 2 years of probation and some community hours, hence I have a felony on my record, can my relative come forward and say that it was a lie even ...
Sometimes recantation does result in relief to the prisoner, but that is rather unusual. As a rule recantations are viewed with grave suspicion and courts do not consider them trustworthy. As for the relative you accused you, she either lied and perjured herself thirteen years ago to get an innocent person convicted of a crime or she is lying and perjuring herself now to get a guilty person off. Either way she could be prosecuted and sent to prison, and plenty of judges and prosecutors would think that is exactly what she deserves.See question
Also, what would the charge be for helping to dispose of the car and reporting it stolen?
I understand your question differently from Mr. Osgood. You appear to be asking, first, whether a person not at all involved in a hit and run accident would face criminal liability for failing to provide information to the police. In my opinion, the answer to that question is no. A mere witness to a crime may have a social duty to provide information to the authorities, but ordinarily has no legal obligation to do so.
You then go on, however, to describe the conduct of somebody who is not a mere witness but who is playing an active and knowing role in concealing a crime. There certainly seems to be chargeable criminal conduct in this situation. Depending on when and what the person you describe appears to have done, potential charges could include any substantive offense committed by the principal, including murder; conspiracy; obstruction of justice and other very serious offenses. Charges are limited only by the imagination of the prosecutor.
The people involved in this incident should be looking for legal counsel now, before the police come looking for them.See question
I was convicted in 1983 of second degree murder stemming from a fight between to groups of people. I have been on parole since 1999. I am not a disgruntled man long after my conviction but I know that my conviction was flawed. my last appeal was u...
To respond first to the question as your phrased in the caption of your posting, it would be normal practice for the attorney presenting your appeal to argue that even if individual errors in your trial proceedings did not warrant a new trial, the cumulative effect of multiple trial errors did.
Of course, it would be necessary to convince the court that the rulings about which complain were in fact error, not merely decisions you dislike or with which you disagreed.
Knowing no more than you have told us in your posting, I would guess that you may be facing overwhelming procedural difficulties in getting any relief at this point. Timeliness, waiver, forfeiture, res judicata, and the tight restrictions on successive petitions for relief may be insurmountable barriers to a successful challenge to your thirty-three year-old conviction.
Your situation does not sound good to me, but I know no more than what you have told us in your rather unclear posting. Consult an attorney familiar with criminal appellate and collateral review in Massachusetts.See question
Earlier this week a man was convicted of 'conspiracy to commit wire fraud' for his involvement in a scheme to defraud EA (a video game publisher) of over $16 million. He used a tool to send false signals to EA's servers to make it look like he com...
Absolutely he could be found guilty of federal wire fraud regardless whether anybody loses a dime or not. I have been involved in cases where defendants have been convicted and received still sentences for fraud schemes that never came off and never made any money. And if this is a federal case his sentencing guideline level will be determined by the amount that he tried to get, not by what he actually got.See question
He was accused of sexual rape since August 17th 2016 rape kits done no result yet.The woman of 36 years accused 29 years old.ln October hearing the said woman told Judge that he did not rape her but touched her so what can l do he was given $1...
Days? It was taking months a few years ago when I last had a state court case involving DNA. I am sure some of my colleagues can give you a more current update on the lab times than I can.See question