Archived
Is Speedy Trial Prejudice absolute under Barker V Wingo after 10 years if charging State never sought defendant thur NCIC post?
Joshua's answer
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Answered on February 03, 2014
Doesn't sound like it to me, but perhaps your attorney can try to do something with it. I hope you have something better than this to work with.
Archived
When does new law no longer apply to a case?
Joshua's answer
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Answered on February 03, 2014
I agree with attorney Schollenberger. Retroactive application of decisional law far too complicated to apply by rule of thumb. In addition, I...
Archived
Can I file an appeal on a motion once I accept a plea bargain
Joshua's answer
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Answered on February 03, 2014
You ask a good question, but it sounds as though you already have an attorney representing you and if that is the case it would not be proper to...
Archived
Aggravated battery case
Joshua's answer
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Answered on February 03, 2014
People use the term all the time, but there really is no such thing as an individual "pressing charges." A criminal charge can only be brought by...
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Archived
Can the charges be dropped?
Joshua's answer
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Answered on February 03, 2014
Well, your basic idea is not bad, but please don't try to do it yourself and don't do it in that back-door way that you have described. That could...
Archived
Can you have felonies (drug related) expunged in Illinois?
Joshua's answer
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Answered on February 03, 2014
I have not had to deal with an expungement case since new Illinois state laws went into effect at the beginning of January, 2014. For many years...
Archived
Will I go to jail if I got arrested for obstruction and reckless engangerment?
Joshua's answer
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Answered on February 02, 2014
I know plenty of judges who would be leaning toward jail time on the facts you have described, assuming that such a sentence is possible under the...
Archived
Can I be charged with a Criminal Mischief to the Third based off a conversation that was misinterpreted by the whiteness?
Joshua's answer
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Answered on February 02, 2014
The answer to questions beginning "Can I be charged . . ." is always "Yes." Stop discussing this matter either in person or online and consult an...
Archived
Rule 35 help
Joshua's answer
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Answered on February 02, 2014
In the Seventh Circuit at least the proper procedural remedy for seeking to compel the Government to file a Rule 35 motion is a petition under 28...
Archived
Do you think that my son can get a time reduction or appeal
Joshua's answer
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Answered on February 02, 2014
If the sentence was outside the range permitted by law it is subject to being vacated on appeal. If the sentence hearing was tainted by legal...
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