Can a judge sentence a defendant that the judge was formerly a prosecuting attorney for on previous cases?

Did the defendant file a timely motion for substitution of judge and raise the denial of substitution again in a post-trial motion? If not, the...

Ineffective Assistance of Counsel - At What Point Should the Claimant Not Suffer From Bad Representation?

There may or may not be reason to explore the possibility of a of civil malpractice action in this situation, and I express no opinion on that one...

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Appeals, I found in my files a Stipulation and I am not sure what it means?

I defer to the excellent explanations by my NY colleagues. Just based on what you have told us there is no reason at all to believe that you were...

It is not up to you. The judge will appoint the public defender if you are unable, not unwilling, to pay for retained counsel and if jail or...

Can I file a petition of executive clemency for a misdemeanor retail theft conviction from 6 years ago when I was 17?

You can indeed, but don't expect it to do any good. It will almost certainly be denied.

Appeal

Appealing against a judgement is, by definition, always an uphill climb and often a pretty steep one. Without a attorney who is really at home in...

What are the chances I get this case dismissed?

Dismissed, meaning that the prosecutor will simply choose not to pursue it? Possible, but I would not bet on it. If the restaurant cares enough...

We need to obtain a copy of a federal criminal trial transcript.

The attorney who is handling your appeal should be taking care of this.

My fiances case has been filed for an appeal, however the state never responded by the date due. What happens now?

I assume you mean that the State has not filed its brief in response to your opening brief. As Mr. Olshansky explained, you can expect that the...

My Son's Father was charged with 5 cases of armed car jacking is it possible he can get some lesser charges

The court will appoint counsel for him, probably the public defender. The decision of what the charge should be is made by the prosecutor. It is...