Does the lower court judge ever receive a reprimand or penalty when the Court of Appeals reverses a ruling or remands?
Joshua's answer
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Answered on June 25, 2014
Never that I can recall hearing of in some forty years of appellate practice (not in Indiana) and certainly not where the reversal or relief was...
Archived
Can a county commissioner tell a police officer to issue a reckless driving ticket when the police did not witness it?
Joshua's answer
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Answered on June 24, 2014
Traffic tickets are usually issued by an officer who observes the violation, and in that case the officer is the witness for the prosecution at...
Archived
What chance does someone have after withdrawing a guilty plea on a first degree murder charge of getting a lower sentence?
Joshua's answer
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Answered on June 20, 2014
Slim to none, as a rule. What you have is a prosecutor who feels tricked and is no mood to make deals. If you withdraw a guilty plea you had...
Archived
My friend was arrested for aggravated battery, home invasion
Joshua's answer
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Answered on June 20, 2014
He should:
1. Not talk to the police.
2. Not discuss this case with anybody - and that means not anybody, except his lawyer.
3. Not...
Archived
I got a violate hwy rail grade crossing...my license is with Police officer..Can I still drive my vehicle?
Joshua's answer
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Answered on June 19, 2014
The ticket will serve as your temporary license until the case is resolved and you get your license back from the clerk of the court.
What happens if the arresting officer gets fired for misconduct and racisism before trial.
Joshua's answer
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Answered on June 19, 2014
Nothing would happen automatically. It would almost certainly not be grounds for dismissal of any criminal charges. If the officer's testimony...
If someone is killed playing Russian rulet with other intoxicated underage on probation teens is there a case of murder?
Joshua's answer
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Answered on June 18, 2014
Whether the participants in a game of Russian roulette are subject to murder prosecution if a player is killed during the normal course of the game...
Archived
My attorney told me to waive my right to a jury trial or go to trial that day despite having not seen the discovery yet.
Joshua's answer
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Answered on June 18, 2014
Sometimes a prosecutor will offer an extremely favorable "fast-track" deal on the condition that the case be resolved immediately without motions...
Archived
So I hear that District Attorneys have a difficult time meeting deadlines. (My husband is Appealing a criminal conviction.
Joshua's answer
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Answered on June 18, 2014
Actually, we have appeal deadlines not so much to require that briefs be filed in accordance with the time schedule established by the court rules,...
Archived
Can I get a domestic violence conviction expunged?
Joshua's answer
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Answered on June 18, 2014
For many years the law in Illinois has been that no conviction, whether for felony or for misdemeanor, could be expunged, although many...
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