Opposing counsel received sua sponte order from court of appeals to show cause as to why appeal shouldn't be dismissed

The order tells counsel to wake up and either file a brief or get an extension of time allowed, otherwise the appeal will be dismissed. Presumably...

I was told that an Order to Show Cause was not appealable -- is this correct? See details below.

I am not licensed in New York and am not familiar with the practice in that state. Just in general, however, a rule to show cause is a preliminary...

I was charged with domestic battery in 2000 can I get it off my record?

I am assuming that your domestic battery case was here in Illinois. If it was in another state you will have to look for advice from an attorney...

How do I get into a pretrial diversion program? My arraignment is tomorrow.

In my experience, charging documents are not mailed out in Illinois. You receive the formal charge in open court at arraignment. That is what...

Can a criminal defendant declare on appeal that a statute is unconstitutional.

The way you phrase your question suggests that did not raise your constitutional claim before the trial court but want to raise it for the first...

Misdemeanor battery information filed in 2010, no trial as of 11-2014, can case be dismissed?

The implication of your posting is that you have been out of the jurisdiction for much or all of the time since the charge was filed. Don't expect...

Arrested 08/12/2014 for allegations of sexual predator of a minor. I was rlsd after 48 hrs. Complete lie. time of limitations?

In my view there is no answer to an abstract statute of limitations questions ("If I am suspected of this crime, when does the statute of...

In retail theft below $300 in IL, what outcome is better for 1st time offender? Pretrial Diversion or Deferred prosecution?

Sounds like two different names for the same thing. In my experience the good thing about any kind of diversion is that the defendant is not...

Need help! My record says "nolle pros" on one charge and "conviction set aside and prosecution dismissed" on the other charge.

It sounds to me as though you have never been convicted, but you would have to consult a Louisiana attorney to be certain.. You apparently had two...

This situation does not sound good. Whether the defendant was convicted after a trial or on a plea of guilty, if this all happened twenty-three...

Selected as the best answer