Archived
After i had a wreck,i was placed under arrest.when were my miranda rights were supposed to administered?
Joshua's answer
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Answered on March 20, 2015
The Miranda obligation is not triggered by arrest, contrary to popular misconception. It is triggered by custodial interrogation. The police are...
Archived
How important are transcripts in a criminal appeal??
Joshua's answer
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Answered on March 19, 2015
See my answer to your other posting.
Archived
Does a appeal court make their decision just off of the appeal brief (criminal case)
Joshua's answer
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Answered on March 19, 2015
Under the procedure followed in most states, an appellate court has before it the record of trial court proceedings, which consists of (1) the...
Archived
Can you be made to do more time then you were sentenced to
Joshua's answer
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Answered on March 18, 2015
You asked this same question last week. Although there have been decisions on both sides of the issue, the more usually followed rule seems to be...
Archived
Is it ethical to put a witness in the stand that has commited perjury previously?
Joshua's answer
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Answered on March 18, 2015
Are you asking about calling a witness who has previously been convicted of perjury? It is not only ethical and permitted, I have seen it done. A...
Archived
My friend appeal is being heard on April 14 2015 criminal case. The officer that testified against my bf recently killed
Joshua's answer
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Answered on March 17, 2015
I do not practice in Michigan, but I have encountered similar situations two or three times over the past decades. Your friend should discuss this...
Archived
Early termination of supervision
Joshua's answer
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Answered on March 17, 2015
In my experience, which is in Illinois, federal judges do not want this kind of request handled by letter (Mr. Richman's experience indicates that...
Archived
Refund of appeal cost
Joshua's answer
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Answered on March 16, 2015
You will not recover your attorney fees regardless of the outcome of your appeal, and nobody can promise or guarantee that the appeal will be...
Archived
Husband was convicted of felonies in Illinois at age 17 and did 12 years? Can his record be expunged?
Joshua's answer
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Answered on March 15, 2015
He is almost certainly not eligible for expungement and never will be. Depending on the offense of conviction, he may or may not be eligible for...
Archived
Do I have to have my conviction overturned on order to sue for wrongful conviction?
Joshua's answer
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Answered on March 15, 2015
1. An appeal from a criminal conviction in Illinois must be initiated within thirty days of sentencing.
2. Accuracy of police reports is...
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