Archived
Why would a P.D. hold an open case file for a misdemeanor 6 yrs, that was never sent to the district's prosecuting attorney?
Joshua's answer
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Answered on February 27, 2013
Ask an attorney in your state. As someone unfamiliar with Missouri law and practice, my initial response is, "What difference does it make what...
Archived
Does the district court have to comply with the supreme courts opinion?
Joshua's answer
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Answered on February 27, 2013
I can't tell you how this works in Idaho, but in most states there is (1) a period after an appellate court decides a case during which either side...
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Can a case be dismissed if the officer lies in a official police report ?
Joshua's answer
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Answered on February 27, 2013
None of that sounds like a basis for dismissal. The conflict might, or might not, raise enough doubt as to the officer's credibility to help the...
Archived
My lawyer told me the Commonwealth is not prosecuting me for Petit Larceny. What does that mean?
Joshua's answer
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Answered on February 27, 2013
Talk to your lawyer again, because you are confused about what is going on. On the one hand your lawyer tells you that you are not being...
Archived
What is the difference between constitutional law and substantive law?
Joshua's answer
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Answered on February 26, 2013
That is not an accurate distinction. There is a distinction (not always clear) between constitutional law and, for example, statutory law. There...
Archived
Do you think my 16 year old daughter will be convicted for a red light ticket that was issues by an officer ?
Joshua's answer
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Answered on February 26, 2013
Under the law she would be guilty on the facts as you have described themy. Sometimes people get a break in traffic court.
What are considered to be grounds in Florida Civil Appeals courts.
Joshua's answer
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Answered on February 26, 2013
Even if the situation were as you describe (and I doubt very much that a case can go through a trial on the merits without arguable legal error in...
Archived
I have some payday loans in Kansas that i didn't pay can a warrant be issued
Joshua's answer
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Answered on February 26, 2013
Sounds like scam. There has been no debtor's prison in this country for well over a century. Don't call that number again. Consult a local...
Archived
If an inmate believes the sentencing was unfair can he appeal the decision without it actually being increased??
Joshua's answer
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Answered on February 26, 2013
This sounds like a federal case. The Government has some right of appeal from the imposition of a federal sentence. I think the question in your...
Can a prosecutor appeal the judge's decision? Or is that double jeopardy?
Joshua's answer
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Answered on February 26, 2013
Double jeopardy considerations are not implicated in your situation. Jeopardy attaches when a jury is sworn or when the court begins to hear...
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