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On a scale of 1-10, If one can prove an issue of a radical jurisdictional defect, what are the chances of one getting free?
Joshua's answer
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Answered on March 12, 2013
A finding of a jurisdictional defect might result in relief, but the likelihood of such a finding is small. It is hard to know what you mean by a...
Archived
I was convicted of a Federal drug related case in 1978. Is it possible to have this charge set aside or expunged.
Joshua's answer
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Answered on March 12, 2013
There is, unfortunately, no expungement procedure available for federal convictions. There is, as my colleague has pointed out, the option of...
Archived
If a prosecutor uses your alibi evidence to change the dates on the indictments before trial, did they violate my rights?
Joshua's answer
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Answered on March 12, 2013
The question is what was the actual date of the crime? That is what matters.
I see nothing improper or unethical about what the prosecutor did,...
Archived
How do I prove a officer did not have probable cause to pull me over?
Joshua's answer
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Answered on March 12, 2013
If the charge against you is failure to yield before the cross-walk, I do not see the significance of probable cause to your case. The question of...
WHAT DOES 03/05/13: Show Cause Lack of Prosecution, Initial Brief" NOTES: DUE IN 10 DAYS MEAN ON THE APPELLATE DOCKET/RECORD???
Joshua's answer
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Answered on March 11, 2013
I feel funny even guessing about the meaning where my Florida colleagues won't, but it sounds to me like court clerk's shorthand noting the entry...
Archived
How is case law presented in a civil trial regarding child support arrears?
Joshua's answer
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Answered on March 11, 2013
Depending on just what it is that you have in mind, why not ask the judge at the next case status conference? A trial brief is sometimes the best...
Archived
I have paid a lawyer for an appeal case but I have not heard anything else about the case. What are my next steps? how long does
Joshua's answer
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Answered on March 11, 2013
I don't know about Georgia, but in Illinois a criminal appeal usually takes well over a year. Your brother can authorize his lawyer to talk to...
Archived
Charged with a federal tax crime that took place 4 years ago.
Joshua's answer
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Answered on March 11, 2013
In my experience defendants in federal prosecutions are often allowed pre-trial release and you would seem to be a candidate, but many factors are...
Archived
Legal Advice on What is the penalty for an assault and battery charge?
Joshua's answer
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Answered on March 11, 2013
There is no crime in Illinois called "assault and battery." There are various types and levels of assault charges and various types and levels of...
Archived
I am very surprised to find that in nj someone convicted of 2nd degree theft by deception would go to state prison.
Joshua's answer
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Answered on March 11, 2013
Yes, always and everywhere. You go to federal prison if you are convicted and sentenced in federal court. If your prosecution is in the state...
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