Archived
Can I file a legal malpractice claim against my former criminal defense attorney where I was denied federal Habeas relief?
Joshua's answer
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Answered on April 28, 2013
Ae you asking whether you can bring a malpractice action against your federal habeas attorney for not winning your habeas? That sounds like about...
Archived
If i have a bench trial vs. the state pending a class4 felony and my wife is subpenaed for the state can she refuse to answer
Joshua's answer
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Answered on April 28, 2013
This does not sound like a constitutional issue but more like a question of state evidentiary law. Unless your wife's answers would expose her...
Archived
Please advise me why I was not advise before and during my jury trial that I won't be able to called my witnesses!!!
Joshua's answer
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Answered on April 28, 2013
A trial is like a battle. A general fights a battle as well as possible with the troops and on the ground available. Your lawyer fights the...
Archived
Can a misdemeanor charge of robbery be expunged and is robbery considered a misdemeanor?
Joshua's answer
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Answered on April 27, 2013
A conviction cannot be expunged in Illinois and, as my colleagues have pointed out, probation is a conviction. So it does not matter whether it is...
How long does a prosecutor have to decide if there is enough evidence to issue a warrant on rape charges?
Joshua's answer
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Answered on April 27, 2013
Would you prefer that they rush in before they are prepared and maybe blow the case?
Archived
If i am arrested, do the police have to inform me of my Miranda rights?
Joshua's answer
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Answered on April 27, 2013
There is no obligation, and no reason, to give you the Miranda warnings just because you are arrested. The warnings are to be given when a person...
Archived
What charges could I press on this individual? 18 year old assaulting a 16 year old.
Joshua's answer
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Answered on April 27, 2013
You do not choose the charge and you do not "press the charge." You report the matter to the police. The decision what charges, if any, to bring...
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Archived
Can a prosecutor call a former police officer that has been terminated for serious misconduct for a hearing or trial?
Joshua's answer
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Answered on April 26, 2013
Allegations of misconduct, termination, and even criminality, would not render the officer incompetent as to testify. Evidence of any misconduct ...
Archived
Is a search warrant legal if the warrant is for someone that does not reside at the resident or related to resident
Joshua's answer
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Answered on April 26, 2013
If I understand your question correctly, the police show up at Kidd's house with a search warrant authorizing them to look there for Morgan. They...
Archived
Hypothetical question?if i had an attorney who knew the states attorney withheld evidence and did not say anything,what do i do
Joshua's answer
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Answered on April 26, 2013
The State is obligated to disclose certain material under Illinois state law and is obligated to disclose material exculpatory evidence as a matter...
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