Archived
Is it out of line to think that a good defense should try to convince prosecution to drop charges before it goes to trial?
Joshua's answer
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Answered on February 14, 2016
Should? A good defense attorney does not help a client by looking stupid. There are cases, especially less serious cases or cases in which the...
Archived
Does does "dismissal" mean?
Joshua's answer
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Answered on February 12, 2016
Dismissal can mean very different things in different states and under different circumstances. It may or may not mean that the case against you...
Archived
What kind of sentence are we looking at? Would probation even be considered? He is willing to do double the time of probation.
Joshua's answer
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Answered on February 12, 2016
A judge might consider much of that evidence as mitigating, but not necessarily so. Even if it were to be taken as mitigation it would not...
Archived
After the State Supreme Court, which court does my appeal go to next? The US Supreme Ct Certiorari or Federal Dist Ct Habeas?
Joshua's answer
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Answered on February 12, 2016
Well, to be technical, your appeal is over. You cannot appeal to the United States Supreme Court, which no longer has any appellate jurisdiction,...
Archived
Where can I find an attorney who specialises in filing for commutation of sentence (clemency)?
Joshua's answer
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Answered on February 11, 2016
A clemency is always a steep climb. When I am asked to represent a client seeking pardon or commutation I recommend that a "mitigation specialist"...
Archived
After expungement has been completed can i legally answer no criminal or arrest record for police or correctional job.
Joshua's answer
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Answered on February 11, 2016
Not in Illinois. According to the 2016 edition of the handbook on Illinois Criminal Records published by the Illinois Institute of Continuing...
Archived
Can I file a Habeas Petition US District Court after losing in the State Supreme Court, even though I am not incarcerated now?
Joshua's answer
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Answered on February 10, 2016
I have not looked that up for a long time. My recollection is that if you are still on parole, supervised release, or restraint of any kind, then...
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Do clients represented by public defenders have a right to receive discovery information from attorney in criminal case
Joshua's answer
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Answered on February 10, 2016
That varies from state to state. In Illinois, for example, defendants can see the discovery and review it with counsel, but they are not supposed...
Archived
Have I "exhausted" my state appeals / remedies to be able to habeas federally?
Joshua's answer
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Answered on February 10, 2016
I won't try to answer your exhaustion question because the answer depends on Michigan state law, with which I am not familiar. Just remember that...
What does it mean that a count as been dismissed/superseded by indictment?
Joshua's answer
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Answered on February 10, 2016
In Illinois a criminal charge is normally initiated by a charging document called a "complaint." The complaint is legally sufficient to get the...
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