Archived
In a self defense case does it matter how big the other guy is, since you had to use more force to get the guy off of you?
James's answer
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Answered on December 15, 2011
Size does matter. And, it does sound, from what you say, that a good self-defense case can be presented to a jury. It is one of the unfortunate...
Fish and Game Code Violation: Penal Code 1054.2
James's answer
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Answered on December 15, 2011
Your son definitely needs an experienced criminal defense attorney, whether retained or the Public Defender, to fight this case.
However, I did...
Archived
How can I make sure the D.A. Dissmised my case?
James's answer
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Answered on December 15, 2011
I agree with the other responders. If you do not 'trust' the attorney you hired (and if that is so, why did you hire him in the first place?) then...
Archived
Appeals that are gang related murders harder to get approve. And if your first appeal was denied Wath should your next step be.
James's answer
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Answered on December 15, 2011
The unfortunate fact of criminal appeals is that only about 5 percent of appeals have any kind of positive result. So, it is not just 'gang...
Archived
Pro Bono Lawyer
James's answer
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Answered on December 14, 2011
This is not a criminal defense question; it is a civil issue for damages from your ex-BF. You didn't 'file charges' it is the DA that files...
Archived
The appeal lawyer claimed that cant finf any wrongs, he recomende to file a Petition writ of Habeas Corpus, can you explain?
James's answer
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Answered on December 14, 2011
A criminal appeal can be taken on any issue that shows up in the record on appeal (the Clerk's Transcript of motions, etc. filed and the Reporter's...
Archived
My boyfriend beat his parole hearing, does that mean he has a better chance at beating his regular court date?
James's answer
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Answered on December 14, 2011
Congratulations on beating the parole violation. That should help with defense counsel's argument with the DA about why this should be dismissed...
Archived
I am a victim of criminal battery and the assailant is going to trial. His attorney just contacted me to drop the charges
James's answer
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Answered on November 22, 2011
Yes, it is okay for the defense attorney or the defense investigator to contact you; however, you do not need to talk to them about the case.
A...
Archived
Who determines the punishment in a criminal conviction?
James's answer
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Answered on November 22, 2011
The jury, after hearing the evidence at trial, determines whether or not the person is guilty. It is the judge that determines the sentence. In a...
How can dismissed case be reopened?
James's answer
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Answered on November 08, 2011
It occasionally happens that a District Attorney will elect to dismiss a felony case due to lack of sufficient evidence or for procedural reasons...
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