Not guilty vs dismissed? is there a difference? Why does any one hardly get a 'not guilty' verdict rather than a 'dismissal'?
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Answered on January 24, 2014
There is no such thing as a verdict of dismissal. A dismissal is an order by the judge which terminates a prosecution prior to a trial on the...
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Once someone is incarcerated, how many appeals does he get? And how long do he have if the first one is denied?
Joshua's answer
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Answered on January 24, 2014
That may vary from state to state but in general there is only one appeal, although that appeal may have several possible stages (e.g. appellate...
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I went 71 mph in a 40 mph zone but on the ticket the officer clearly wrote 31 mph in a 40 mph zone. Can I this get dismissed?
Joshua's answer
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Answered on January 24, 2014
I agree with my colleagues that a clerical error can be corrected and is not grounds for dismissal. The prosecutor should thank you for posting an...
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Appellee brief not filed, do I file a motion to review case now or just wait.
Joshua's answer
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Answered on January 24, 2014
Sit tight and don't do anything. It is not at all unusual in Illinois for a brief to come in late on a motion for leave to file instanter, or for...
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48 HOURS PREP TIME FOR NEW ATTORNEY THEN COURT, NOT ENOUGH TIME, MOTION IN LIMINE DENIED. CASELAW SUPPORTING DENIED CONTINUAN?
Joshua's answer
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Answered on January 23, 2014
My guess, and keep in mind that I do not practice in California, is that case law is not going to carry the ball very far for you on this issue. ...
Is there a statute of limitations on sexting with a minor
Joshua's answer
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Answered on January 23, 2014
Trying to guess at a statute of limitations in the abstract, and in the absence of an actual indictment, is a speculative and dangerous exercise. ...
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I took a charge for a friend however the friend is willing to come forward with the truth
Joshua's answer
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Answered on January 23, 2014
I agree with my Pennsylvania colleagues. I want to add the warning that you and your friend might both be exposing yourselves to prosecution for...
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Can I get evidence back that was taken in a case I beat in preliminary hearing "no probable cause"?
Joshua's answer
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Answered on January 22, 2014
I agree that you should discuss this with your attorney and should not be posting about it at all, here or anywhere else. Please remember that...
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Is the defendant in a drug conspiracy charge allowed to see what proof there was a conspiracy?
Joshua's answer
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Answered on January 22, 2014
I agree with my colleagues. In addition, at least in the Seventh Circuit where I usually practice, the Government is required to make a formal...
What will be the most likely plea bargain outcome misdemeanor assault and battery charge/cause boldily harm?
Joshua's answer
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Answered on January 22, 2014
Why are you even thinking about a plea agreement at this point? You have not even discussed the case with your attorney yet, as far as I can tell....
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