Archived
My attorney failed to file for a remand to grand jury like she was asked too, can that be used for an appeal issue?
Joshua's answer
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Answered on April 14, 2015
I think you will find decisions of the United States Supreme Court controlling here. Except for a very few highly specific fundamental rights...
Archived
If you file an appeal for a case you were already sentenced for is it a chance u could get more time than you were already given
Joshua's answer
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Answered on April 14, 2015
Usually not . . . but . . . not impossible. The judge cannot increase your sentence on remand just because you took an appeal. However, if you...
Can a court appointed appeals attorney withdraw from a case if its not over yet?
Joshua's answer
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Answered on April 14, 2015
Hard to know what is happening from your posting. No attorney, whether appoointed or retained, can just walk away from a case without permission...
Archived
Can a husband keep account information from his wife?
Joshua's answer
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Answered on April 14, 2015
You submitted this question under "Criminal Defense" but to me it does not seem at all to be a criminal law question. You might have better luck...
Is "Stricken Off/Leave an unconditional dismissal?Does the term "Stricken Off/Leave infer an adverse adjudication of any sort?
Joshua's answer
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Answered on April 13, 2015
The "Leave" part means "with leave to reinstate," that is, the disposition is not final when entered and the prosecutor can ask that the charge be...
Archived
If my home is raided do police have to produce a search warrant at the time of securing the property?
Joshua's answer
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Answered on April 13, 2015
If the police had a warrant then I doubt very much that the search will be found invalid because they showed it to you during, or even after,...
Archived
How can I challenge a law that violates my right to contact and seeks to make it a criminal charge from a discharged creditor
Joshua's answer
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Answered on April 13, 2015
I agree that your question is both conclusory in its assumptions and difficult to follow. It sounds as though perhaps you are being prosecuted for...
Archived
Should I hire an attorney for an upcoming oral argument at the 9th circuit? Or file a motion to waive the oral argument?
Joshua's answer
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Answered on April 13, 2015
I agree with my colleagues. You may find that not all appellate attorneys will jump at the opportunity to argue a case briefed by somebody else,...
Archived
Our home was burglarized over 6 months ago. The minor children living in the home are being compelled to give a DNA swab.
Joshua's answer
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Answered on April 12, 2015
One possibility is that the police want to have DNA samples from the regular inhabitants of the house in order to be able to counter the claim of a...
Archived
Can the jury know the minimum mandatory sentence? A second question please, Is a conviction by jury always appeal able.
Joshua's answer
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Answered on April 12, 2015
There is something missing here and I am not sure what it is. But we are certainly not getting the whole picture. It is not clear, for example,...
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