Archived
What happens after a defendant in a misdomenor criminal action wins a 1538.5 motion hearing to supress all evidence?
Gayle's answer
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Answered on February 21, 2015
A successful suppression motion does not always result in a dismissal. The remedy for a 4th Amendment violation is that the evidence which was...
Archived
I was sent to a psychiatric hospital as a juvenile. I'm 18 now. Should i have my records sealed?
Gayle's answer
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Answered on February 21, 2015
Apart from any possible repercussions associated with punching that guy - your psychiatric records are confidential. No one has access to those,...
Archived
What will happen? 21 years old first offense and really scared.
Gayle's answer
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Answered on February 21, 2015
Look, obviously you're distraught, but you have posted this question over and over. And you keep getting the same answer. You got a break. Thank...
Archived
I was cited for petty theft for having a phone for 30 seconds. Do I need an attorney for my citation?
Gayle's answer
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Answered on February 21, 2015
Yes, you need an attorney to unravel this mess. You will want to surrender on the warrant and address the allegation and your failure to appear. ...
Archived
Can anyone help me?
Gayle's answer
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Answered on February 21, 2015
I think we'd all like to help you but you haven't posed a question we can answer. When you said "incarcerated" do you mean county jail or state...
Archived
My boyfriend was found guilty on all 3 charges..who can help file the motion Bail on Appeal..
Gayle's answer
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Answered on February 21, 2015
There is no requirement that an attorney be the one to file a motion for bail pending appeal. Your boyfriend can do that himself. However, I...
Archived
1272.1 release on bail pending appeal sub. 3 sec.1272 def. demonstrate (a),(b)and (c) what does substancial legal question mean?
Gayle's answer
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Answered on February 21, 2015
As Mr. Marshall states, the issues you raise are probably not cognizable on appeal. That does not mean that you don't have appealable issues; you...
Archived
Will a victim of a criminal case go to prison if (s)he recants/changes their story after sentencing?
Gayle's answer
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Answered on February 19, 2015
Yes, the witness/victim who recants or changes statements after sentencing has committed perjury if s/he testified under oath, either at a hearing...
Archived
Plea deal and sentencing?
Gayle's answer
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Answered on February 19, 2015
Generally speaking, you can appeal after a plea only those issues which arose after the plea, such as a sentencing error. However, on appeal you...
Archived
How much credit will she get and days to serve in jail?
Gayle's answer
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Answered on February 19, 2015
I agree with the other lawyers' answers.
"Concurrent with the prison term" in this instance means that she starts counting her jail time on...
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