Archived
Once you have filed an appeal with the criminal circuit court of appeals, can you still file a motion for a new trial?
Joshua's answer
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Answered on October 14, 2014
This is a very technical question on which the law may vary considerably from state to state. The consequences of getting this one wrong may be...
Archived
Can I appeal against a supervision and community service order I got at the municipal court?
Joshua's answer
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Answered on October 14, 2014
Appeal? An appeal does not sound like the proper remedy for your problem. Withdraw your guilty plea? The cure would be worse the disease. Can...
Archived
Can pa police officer issue an overweight ticket to a garbage truck in a landfill if he did not see him on the public highway
Joshua's answer
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Answered on October 14, 2014
Well, the truck did not fly to the landfill. In the absence of some showing of a defense, for example that the truck took on additional load after...
Archived
I was recently arrested for retail theft, I'm 31, never been arrested before and was not read my miranda rights.
Joshua's answer
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Answered on October 14, 2014
Check with several private attorneys in Kane County. You might find that retaining counsel on this kind of case is more affordable than you might...
Archived
CAN THE DA PROSECUTE BASED ON VIDEO EVIDENCE HE WILL NOT TURN OVER TO THE DEFENDANT?
Joshua's answer
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Answered on October 13, 2014
First of all, there is no indication that the prosecutor lied to your attorney. The prosecutor told your attorney that there is no video. The...
Archived
Do I need to return to court to terminate my supervision?
Joshua's answer
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Answered on October 12, 2014
This seems to vary somewhat from county to county, but in my experience (which is not in Will County) judges expect the defendant to be present. ...
Archived
I am looking to expunge an arrest from 1999, i live in Mexico, and the arrest was in Illinois , USA
Been over 10 years
Joshua's answer
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Answered on October 12, 2014
It sounds as though you have two different issues here, a state law expungement problem and an immigration problem. Whether you can or cannot have...
In a Federal Sentencing Memorandum, where you are requesting a variance and or downward departure for medical, should the attorn
Joshua's answer
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Answered on October 12, 2014
It would be not only improper but also highly irresponsible for any lawyer to interfere with the advice of the attorney who is familiar with the...
Archived
Is it possible my son had ineffective representation in court that lead to his first felony charge and a 15 year sentence?
Joshua's answer
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Answered on October 11, 2014
It does not sound at all good for your son based on what you have told us. It sounds as though the PD was willing to try the case but your son did...
Archived
I am in litigation with my bank in US District Court of Appeals. If I lose again, what other (upper) courts can I go to?
Joshua's answer
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Answered on October 10, 2014
As a practical matter you have probably hit the end of the road. There are theoretical remedies, such as panel rehearing, en banc rehearing, and...
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