Archived
If I have ineffective counsel what can I do at sentencing as a post trial motion to avoid having to go thru an appeal process?
Joshua's answer
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Answered on July 22, 2013
You are talking about a tough assignment. You do not establish ineffective assistance of counsel merely by demonstrating that counsel did not use...
Archived
Two charges were nolle pros, one minor, one DUI. Can the State object to expunging the minor traffic offense with no priors?
Joshua's answer
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Answered on July 22, 2013
Your account of what happened is confused. The judge does not have the authority to nolle pros a case. Only the prosecutor can do that. Was the...
When u file an appeal does the case go in front of the same judge or will it go directly to the appellate court?
Joshua's answer
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Answered on July 22, 2013
I agree with all of my colleagues. The appeal is heard by the appellate court, which sits in panels of three judges. It may be necessary, if this...
Archived
How to withdraw the guilty plea if sentenced prisoner is mentally not adequate?
Joshua's answer
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Answered on July 21, 2013
This is a touchy situation. Your son might be able to withdraw his guilty plea if he files the necessary motion within thirty days of imposition...
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Archived
Question on Simple Battery charge
Joshua's answer
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Answered on July 21, 2013
Sometimes a case may technically be a crime, but the circumstances are such that prosecuting it is not appropriate. Your situation may be one of...
Archived
What kind of crime would it be to draw a heart on the windshield of someone else's car?
Joshua's answer
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Answered on July 21, 2013
It is hard to guess without knowing a little something about the circumstances, which you have certainly not told us. I could see unusual...
Archived
What do case numbers mean in Kane County?
Joshua's answer
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Answered on July 21, 2013
13 CF 1076 - Probably indicates the 1076th criminal felony case filed in Kane County in the year 2013
13 TR 3280 - A traffic case filed in 2013....
Archived
Is a public defender just as good as a lawyer?
Joshua's answer
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Answered on July 21, 2013
I don't know about Ohio, but in the northern district of Illinois private and appointed attorneys are often the same people. Many excellent...
Archived
Do I reply to a civil demand letter? What happens if I do? What happens if I don't?
Joshua's answer
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Answered on July 20, 2013
There are good reasons not to pay the civil demand. You are under no legal obligation to pay it unless Walmart sues you and gets a judgment...
If a car is pulled over and the police find drugs under the passengers seat who should get the charge?
Joshua's answer
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Answered on July 20, 2013
Unless there is some reason to do otherwise, I would have expected that both the driver and the passenger would be charged with drug possession.
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