One ship cannot have two captains. If there are two lawyers, one will have to be in charge and the other will assist and it must be clear which is...

Advice for a new Public Defender.

1. Don't be afraid to say to a client, "I don't know but I will find out." 2. Don't let your preconceptions take over. Always be ready to...

To appeal a felony conviction due to miss rep

You should also discuss with an Alabama attorney whether a petition for collateral relief should be filed in addition to, or possibly even instead...

Can persons mental capacity have any affect on an appeal?

Your question raises some potentially complicated issues. Competence to enter a plea is one issue. Competence to appeal is another, and entirely...

Can a states attorney over turn the judge's ruling?

The State's Attorney does not prepare the mittimus. The clerk of the court does that. The mittimus is a court order setting out the details of...

Don't you have an attorney on this case? You should not be going anywhere near a proffer with the US Attorney without a lawyer representing you. ...

If a person admits he is guilty of a crime, does he then have to stand trial?

A formal guilty plea in open court in compliance with constitutional requirements and legal procedures renders a trial unnecessary. A mere...

Class Project: What's the process to reopen a court case if the defendant believes that DNA evidence will prove innocence?

This problem is generally covered by state law, so the answer will be different in different states. Illinois has a statute addressing motions...

Illinois reviewing courts tend to be very lenient about allowing extensions of time. There is no rule that says how many extensions may be allowed...

Should I appeal Judge's final decision?

Forget about lies, not answering the phone, failing to share information. None of that has much to do with whether or not you should appeal. The...