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My husband filed a hebeas courps in federal court and it was denied we are trying to find out whats his next step is
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Answered on October 13, 2016
Given the lack of specificity of your question, I am unsure which court denied relief whether it was the federal district court or the federal...
Archived
How does a person re-open a case from 1997 for post-conviction relief due to poor counsel? The goal is to change conviction.
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Answered on September 30, 2016
If this is a Missouri conviction and the individual did not serve any time in the Department of Corrections then he or she may have available a...
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On the basis that plea agreements must be voluntary a plaintiff in a PCR case makes the claim that due to an active PTSD episode
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Answered on September 19, 2016
Given the complexity of this question, I would you suggest that you contact a postconviction attorney. Whether a plea is knowing, intelligent and...
How is a municipal ordinance violation viewed on criminal history reports?
Kevin's answer
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Answered on September 18, 2016
Techincally, a municipal ordinance violation is considered a quasi-civil/quasi-criminal matter because only the State has the authority to charge...
Archived
How can one attack state conviction in federal court for lack of jurisdiction hen the person is not a prisoner
Kevin's answer
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Answered on September 18, 2016
The short answer is you cannot. Custody is required to file a federal writ of a habeas corpus challenging a state court conviction. The...
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A few questions in here husband got 15 years... please read the whole post and try to answer all 3 questions
Kevin's answer
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Answered on July 17, 2016
The majority of Form 40s (Rule 24.035 motion) are filed pro se (without an attorney). Your husband would not be able to be appointed a public...
Archived
What happens when you file an appeal on a criminal case and how long do you have to file for the appeal?
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Answered on July 09, 2016
It would appear that you are inquiring as to a Missouri conviction after a plea of guilty. Although I do not have enough information regarding the...
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Archived
What is going to happen to me? Will I go to prison?
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Answered on April 17, 2016
You need a very good DWI lawyer who deals with clients with multiple DWI convictions.
Archived
What if any would be the next step for him?
Kevin's answer
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Answered on March 15, 2016
Generally, the next option is filing an appeal. However, there are post-judgment motions that can be filed for which he should contact a federal...
How long until SIS probation (Suspended Imposition of Sentence) is closed on case net?
Kevin's answer
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Answered on February 03, 2016
I would call the Clerk's Office and tell them it is still accessible to the public. The case information should have been removed upon the...