Archived
My son was arrested for drugs but they are tring to change him for content to deliver, can they do that?
Joshua's answer
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Answered on September 18, 2014
Keep in mind that I do not practice in West Virginia, so this is just a statement of some general rules that most states follow, and which may be...
How long does it usually take to get a court date for a appeal (criminal case)?????
Joshua's answer
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Answered on September 18, 2014
I do not practice in Michigan and can only make a few observations about appellate practice generally. An appellate court sits in a panel of...
Archived
What criminal defense lawyer would go to a prison to see if a case appeal would be worth it?
Joshua's answer
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Answered on September 17, 2014
In my experience, many good appellate lawyers will do that, but would probably have to charge for the visit. A trip to a prison can be an all-day...
Archived
Are the wriiten appeal arguments more of a deciding factor for the judges or what was said at the oral arguments?
Joshua's answer
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Answered on September 16, 2014
The most important factor by far in determining the outcome of an appeal is the record that sets out the testimony and the facts of the case. ...
Archived
If a judge appoints me a public defender
Joshua's answer
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Answered on September 16, 2014
Like to see whether you have disqualifying assets squirrelled away in a Swiss bank? No. But remember that the public defender is there to help...
Archived
How much jail time can you get for stealing prescription drugs?
Joshua's answer
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Answered on September 16, 2014
Nothing is ever "definitely" and the fact that he was desperate for the money would not arouse the sympathy of any judge I have ever encountered. ...
Archived
I received a phone call from a trooper basically stating I am in big trouble for trying to receive a gun I won!
Joshua's answer
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Answered on September 16, 2014
For future reference, it does not matter what sentence you actually received. It is the possible sentence that the law provides for the crime that...
Archived
Where is the probable cause?
Joshua's answer
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Answered on September 16, 2014
Your post does not help us understand why the police stopped you. They may have had a tip or information and been looking for you. Who knows? If...
Can a lawyer dismissed a case before first court date?
Joshua's answer
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Answered on September 16, 2014
Well, yes, maybe, but it depends on what you mean by "dismissed or handled before the first court date." If a charge has already been filed, your...
Archived
Is $5000 a fee that makes sense for a post-conviction relief appeal? I have no arrests or records other than this one...
Joshua's answer
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Answered on September 16, 2014
It depends on many factors, most importantly the difficulty of the case. I have charged that much for post-conviction representation in some...
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