Archived
My question is can a DA tell a defendant not to appeal a jury trial as part of s deal that pretty much has no choice ?
Joseph's answer
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Answered on October 17, 2017
Not sure what there is to appeal since the time to file an appeal on the robbery case is long past. Obviously we are missing part of the puzzle...
Archived
Is sb 620 retroactive
Joseph's answer
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Answered on October 15, 2017
Mr. Hill is correct but its is unlikely it will be held retroactive. The law requires some finality at some point. If the law were held...
Is there a possibility that a rape charge can be dismissed?
Joseph's answer
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Answered on October 15, 2017
The guy may be guilty of statutory rape but not forcible rape if no force was used, even though a minor cannot consent to sex. Sounds like the...
Archived
Isn't it a violation of my constitutionally protected right to due process of the law to have a judge remove exculpitory evidenc
Joseph's answer
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Answered on October 15, 2017
We are only hearing one side of the story (yours) so it is impossible to answer this question. Askers use terms all the time like "exculpatory...
Archived
Can i change my plea because my public defender lied to me about what it involved??
Joseph's answer
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Answered on October 13, 2017
It is way, way TOO late to change your plea. The time to do that expired a LONG LONG time ago. At some point the law requires finality and there...
Archived
My son was convicted of robbery assault and battery we went to trial and he lost the case he wanted to appeal the case
Joseph's answer
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Answered on October 12, 2017
Probably not as it is doubtful that SB 620 will be held retroactive. If it were to apply to cases already done and sentenced, the legal system...
Archived
Is the SB620 retroactive?
Joseph's answer
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Answered on October 09, 2017
Sincerely doubt it will be retroactive. Cases have to have some finality and your friend's case is over 5 years old. If everyone could reopen...
My husband was arrested for Ca. Vc 10855 driving rental car that was 5 days late. DA changed the charge to 10851 felony why?
Joseph's answer
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Answered on October 08, 2017
Couldn't say it any better than Mr. Marshall. If the PD needs to talk to you, he or she will do so. But court is not the best place to talk to...
Archived
Is it illegal for me to have sex with my boyfriend if I’m 18 and he’s 16?
Joseph's answer
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Answered on October 08, 2017
Yes, yes and yes. Minors cannot legally consent to sex so you have already been breaking the law. But as our resident expert on these matters Jay...
Archived
Who is my attorney?
Joseph's answer
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Answered on October 08, 2017
This post is so confusing that I can't make heads nor tails of it. You hire two different attorneys and now both of them are trying to blame the...