Archived
If I win my criminal appeal(reasonal doubt) Can I motion trial court for new trial on other charges that were found guilty of.
Richard's answer
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Answered on July 27, 2013
Your question is confusing. If the appellate court overturns your conviction based on reasonable doubt, there will be no retrial.
Federal investigation/federal crime (proffer)
Richard's answer
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Answered on July 27, 2013
I think you are asking whether the Government can use your proffer as relevant conduct at the time of sentencing. This is an extremely complicated...
Archived
What is the maximum sentence for 1st time forgery of a prescription?
Richard's answer
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Answered on July 26, 2013
This is a serious offense and you will need a lawyer. Whether you qualify for that program is a fact-specific, case-by-case situation that only...
Archived
Got a DUI, did not take breath test. I go to court next month.. what will happen if I plead not guilty?
Richard's answer
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Answered on July 26, 2013
You will need an attorney, not only to fight the DUI, but also the statutory summary suspension. The faster you file the SS petition, the greater...
Archived
Do I need a lawyer from the county I got a speeding ticket in I'm fighting? Do I respond that I want a jury or judge trial? THX!
Richard's answer
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Answered on July 26, 2013
You do not need a lawyer from that county, but it will probably be cheaper. As far as a judge or jury, consult that lawyer about that option.
Archived
I have two dismissals for bad checks 9 years ago and a dismissal for a drug charge 2 yrs ago.
Richard's answer
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Answered on July 26, 2013
You can file for an expungement of your record (if you are elgible, which it sounds like you may be). In the meantime, your criminal record will...
Archived
What happens to my court supervision?
Richard's answer
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Answered on July 25, 2013
Theoretically, the State could try to violate your supervision and turn it into a conviction. However, due to overcrowded dockets, that will...
Can I be denied employment with a retail theft misdemeanor that was ruled nolle prosequi?
Richard's answer
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Answered on July 25, 2013
You did the right thing by filing a petition for expungement. If that is granted, then it will be unlikely an employer will discover the arrest,...
Archived
Will a clemency erase a criminal record?
Richard's answer
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Answered on July 25, 2013
Commutation will only reduce the sentence, not erase the conviction. A pardon, however, could erase the conviction, along with an expungement.
Archived
If I have ineffective counsel what can I do at sentencing as a post trial motion to avoid having to go thru an appeal process?
Richard's answer
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Answered on July 25, 2013
If you have not been sentenced yet, you can terminate your lawyer and hire a new lawyer to possibly argue ineffective assistance of counsel in a...
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