Archived
When filing a APPLICATION FOR WRIT OF HABEAS CORPUS on the behalf of someone else, what do refer to them as" ie not petitioner
Joshua's answer
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Answered on July 28, 2013
Under ordinary circumstances one cannot just file a petition on behalf of somebody else. In the rare situations where it is might be permitted...
Can mugshot continue to be published online after expungement and all records have been returned to me?
Joshua's answer
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Answered on July 28, 2013
The expungement order directs that all official records be destroyed or returned to you and that will happen, although it may take a while. Your...
What happens at a pretrial conference?
Joshua's answer
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Answered on July 28, 2013
Usually what happens at a pretrial "conference" is that the lawyers stand before the bench and report to the judge on the status and expected...
Archived
What do u do if your federal habeus corpus is denied
Joshua's answer
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Answered on July 28, 2013
The district court is supposed to either grant or deny a certificate of appealability when it rules on your petition. If the certificate is...
Archived
Can new evidence be presented at an appeal about a person's mental state at the time they committing a crime?
Joshua's answer
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Answered on July 28, 2013
If South Carolina appeal practice is like that in virtually every other jurisdiction, this is not something that could be addressed on appeal. ...
Archived
Can the court drop he charges in IL because of “due diligence rule” if applicable?
Joshua's answer
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Answered on July 28, 2013
I don't think that is going to work, sorry.
What does speedy trial tolled mean
Joshua's answer
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Answered on July 28, 2013
Most jurisdictions, including Illinois, have a statute providing that a defendant must be tried within a certain time of arrest. The exact nature...
Archived
What reason can a prosecutor give for not dropping my charges after my friend takes the blame?
Joshua's answer
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Answered on July 27, 2013
The prosecutor can quite naturally take the position that you are both in possession. In my experience your friend's attempt to take all the...
My son got arrested his bail is 20,000 how much time will he stay in jail?
Joshua's answer
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Answered on July 26, 2013
Unless your state has some other options, he will probably stay in jail until either (1) he posts bail or (2) the case is resolved by a guilty plea...
Archived
Is it legal for a private individual to speak with an accuser if the accuser wishes to tell the truth and change accusation
Joshua's answer
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Answered on July 25, 2013
Legal? Maybe. Smart? Probably not. This is a very delicate situation with considerable potential for misunderstanding and accusations of...
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