Archived
I have a class two felony arson.. i recently applied for a pardon because this incident was a result of domestic violence.
Joshua's answer
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Answered on August 17, 2013
It is entirely up to the Governor, who has the power to grant or deny a pardon. But honestly, what do I think? I see no reason at all to expect a...
Archived
Can i get around the waiting period of my felony through clemency
Joshua's answer
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Answered on August 17, 2013
No conviction can be expunged in Illinois and only a very few Class 4 felonies can even be sealed. If I recall correctly, retail theft Is not...
Archived
I was arrested twice for the same crime, I need legal advice on what to do and as far as I knew this was double jeopardy!
Joshua's answer
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Answered on August 16, 2013
Whatever can be done to resolve this prosecution as favorably for you as possible, double jeopardy is not going to be a factor. Your original case...
Archived
Any advice on constructing the "statement of the case" section of my Writ of Certiorari brief?
Joshua's answer
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Answered on August 16, 2013
Just to expand a bit on Ms. Finch's answer, with which I agree, you get the underlying point. The Supreme Court carries a very heavy caseload. ...
Archived
What happens if an defendant fails to appeal to the State Supreme Court?
Joshua's answer
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Answered on August 16, 2013
There are two different but related procedural issues here that could become a problem on a Section 2254 habeas corpus petition. One is called...
Archived
My son has been charged with murder ,He currently has a court appointed attorney who wants him to plea. My son what's to fight.
Joshua's answer
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Answered on August 16, 2013
A common problem. The law is that the decision whether to plead guilty or go to trial is the client's decision, not the lawyer's decision. It is...
Archived
Who is responsible for damage done to a stolen vehicle during a police chase?
Joshua's answer
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Answered on August 13, 2013
The suspect for sure, I would think. But the suspect probably has no insurance and no assets. The cops? The city? You would have to ask an...
Archived
May I motion the CO Supreme Court to grant an extension of time to file a cert. without first paying the court fees for cert.?
Joshua's answer
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Answered on August 13, 2013
The clerk of the Colorado Supreme Court is the one to ask. Just pick up the phone and call.
Can a defendant get copies of autopsy reports and photos for his defense of a murder charge
Joshua's answer
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Answered on August 13, 2013
I can't tell you how discovery proceedings work in South Carolina, but in states with which I am familiar the autopsy protocol and exhibits would...
Archived
Is the law of Alleyne vs. US Districts retroactive?
Joshua's answer
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Answered on August 13, 2013
Very few new constitutional rules have been made retroactive to cases that are beyond the direct appeal stage . Truly major cases such as Batson,...
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