Archived
If your trial attorney testifies at your habeas hearing to being ineffective at your trial how will that effect the outcome ?
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Answered on October 03, 2013
The attorney's testimony will presumably fall into two distinct parts. First, there will be statements of fact ("The defendant told me about Sam...
I recently lost a judgment on a 2nd DUI bench trial, and want to file for an appeal or new trial. Please see below.
Joshua's answer
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Answered on October 02, 2013
There is no way to tell from your posting and in a case like yours even a review of the court file might not answer whether you have much hope of...
Archived
If you sign a plea agreement in a federal court for a drug charge do you automatically waive your right to discovery
Joshua's answer
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Answered on October 02, 2013
In my experience the defendant usually makes plea decisions after reviewing the discovery carefully with counsel. However, there are other ways of...
Do I need to appear in court for my termination date?
Joshua's answer
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Answered on October 02, 2013
You must appear. If your probation officer reports no problems the judge will order your probation discharged and wish you good luck, and it is...
I need to know what can happen with me for retail theft?
Joshua's answer
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Answered on October 02, 2013
Retail theft in that amount is a Class A misdemeanor carrying a maximum possible penalty of one year in jail. In practice, first offenses are...
Archived
My daughter has lupus and was raped. Can the defense subpoena her medical records even though it has nothing to do with the case
Joshua's answer
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Answered on October 01, 2013
Sometimes the judge will order the records produced but will examine them privately (lawyers use the phrase "in camera") to determine what portions...
Archived
I am researching Post Conviction Relief & having judgment set aside.
Joshua's answer
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Answered on October 01, 2013
I defer to my Florida colleagues as to the law and procedure in your state. Just going on general principles applicable to post-conviction review...
Archived
Getting an incriminating statement disregarded as evidence because under the influence of large amounts of opiates
Joshua's answer
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Answered on October 01, 2013
You may be confusing two different aspects of the question. Under extreme circumstances the judge could order your statement suppressed, so that...
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Archived
I asked this before. How can a manager bar me from a store, because they though I was washing up in there restroom ?
Joshua's answer
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Answered on October 01, 2013
The store can ban you for any reason (except for a few illegal reasons as my colleague explained) or for no reason at all. Similarly, you can ban...
Archived
I am a victim in a federal court case and would like the prosecutor to drop the charges, will they do that?
Joshua's answer
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Answered on September 30, 2013
I am glad that you seem to get along so well with the defendant and his relatives, because you could all be sharing a cell together for a long time.
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