Archived
If your public defender does not ask one question that you had to any of the witnesses at trial can you use this in a appeal?
Joshua's answer
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Answered on May 05, 2014
You need an Indiana attorney to answer this question but, in addition to the problem noted by my colleague that the matter of what questions to put...
Archived
Can Obstruction of Justice/Destroy Evidence be expunged or sealed in the state of Illinois?
Joshua's answer
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Answered on May 02, 2014
It is the disposition, not the charge, that controls. You tell us that you were charged, but you do not tell us the disposition of the case, and...
Archived
Can I argue on appeal ineffective atty for failing to even challenge the fed. sentencing guidelines, or must I remand and raise?
Joshua's answer
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Answered on May 02, 2014
I am assuming that your case arises out the Chicago area from which you posted, and that your appeal would therefore come before the US Court of...
Archived
Can your lawyer still file a motion to suppress if you're indicated in state court
Joshua's answer
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Answered on April 30, 2014
That is when motions are filed, after indictment or information. Not before.
Archived
Motion to suppress evidence has been granted for my case and I now have to appear for a status hearing. What is the purpose?
Joshua's answer
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Answered on April 30, 2014
The judge will want to hear from the prosecutor:
1. whether the state is appealing the grant of the motion to suppress, and
2. whether, if...
Archived
I have petty theft from 3 yrs ago and I payd a fine and did com survice and I just got caught with retail theft am Igoin to jail
Joshua's answer
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Answered on April 30, 2014
Jail is certainly more likely than it would be on a first offense, but there are alternatives and a good attorney may be able to get a more...
Archived
If your attorney says that you are guilty in front of the jury and you have plead not guilty is this grounds for an appeal?
Joshua's answer
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Answered on April 30, 2014
I have seen criminal convictions reversed for that very reason in Illinois but the outcome depends on the details of each individual case as well...
Archived
I am researching Marsden hearings. I know what I need to say and to do. I feel adamant about what I can prove
Joshua's answer
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Answered on April 29, 2014
Is your case in Illinois? Maybe I have been living in a hole for the last few decades, but I have only encountered reference to Marsden hearings...
Archived
I've been charged with criminal domestic violence charges. Do I need a DV lawyer or a Criminal Defense lawyer in AVVO?
Joshua's answer
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Answered on April 29, 2014
Lawyers describe their practices on Avvo pretty much any way they wish, so the practice areas you will find here are just more-or-less helpful...
In a criminal case, how long do the courts have to keep discoveries, and transcripts from a sentencing hearing. (Illinois)
Joshua's answer
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Answered on April 29, 2014
In my experience, discovery material rarely goes into the court file, so you probably won't find it there. A transcript of proceedings is not...
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