Archived
Can my brother appeal the trial decision for aggravated assault with a ddly weapon, but no one was hurt??
Joshua's answer
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Answered on October 12, 2013
That twelve-year time since his conviction is going to be a big problem. I do not know what the deadlines are for either appeal or post-conviction...
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Archived
I appealed a federal district court judgment in New York to the court of appeals.
Joshua's answer
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Answered on October 12, 2013
Taken out of any context, the court appears to be saying that as of a certain date it will be committed to deciding this case. If the parties want...
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Archived
Will a trial be delayed if you are appealing to Circuit Ct. a motion to sever trials in Federal Criminal Court?
Joshua's answer
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Answered on October 12, 2013
Proceedings would be delayed during an appeal of the severance order to the Court of Appeals . . . but only if the court of appeals agrees to...
Archived
How can I obtain my arrest history in Illinois?
Joshua's answer
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Answered on October 11, 2013
The Illinois State Police will run it for you. So will the Chicago Police Department and perhaps some other local police. There are also private...
Archived
HOW MANY LEVELS OF APPEAL ARE AVAILABLE TO A DEFENDANT "GUILTY" IN A FEDERAL CRIMINAL PROCEEDING
Joshua's answer
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Answered on October 11, 2013
Only one level of appeal, which is to the United States Court of Appeals. Review of the decision of the Court of Appeals is not by further appeal...
Archived
Why would my son public defender send him appeal papers when he has been charged already is this good or bad
Joshua's answer
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Answered on October 10, 2013
In most states the appeal would take considerably longer than the time he has left to serve, so it might not get him out of prison any sooner, but...
Archived
Can I appeal a sentence because it violates my constitutional freedom of life , liberty, and the pursuit of money (happiness)?
Joshua's answer
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Answered on October 10, 2013
"Life, liberty and pursuit of happiness" is a phrase from the Declaration of Independence, not the constitution. At the most it states a political...
Archived
Is the public appeal lawyers good in michigan.
Joshua's answer
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Answered on October 09, 2013
The Michigan appellate defender's office enjoys a good reputation. I would assume that you are only entitled to the appellate defender's services...
Are attorneys required to start the appeal process (file paperwork) on the behalf of their client?
Joshua's answer
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Answered on October 09, 2013
It is the final duty of trial counsel to file the notice of appeal if the client wants an appeal taken. Trial counsel is not obligated to, and...
Does a lawyer use mitigation when a plea agreement is taken? Or is it just used if case is going to trail or taking a blind plea
Joshua's answer
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Answered on October 09, 2013
A case-by-case thing, really, and it depends to a considerable extent on how much the judge is likely to feel bound by any plea agreement. In my...
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