Archived
If someone is already sentenced and in Prison, can you appeal the sentencing and use a court appointed Attorney?
Terry's answer
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Answered on September 10, 2013
I am not admitted in Michigan. Whether you can appeal is about whether the time has expired, not about whether the defendant is in prison. If the...
Would it be inappropriate to give my Public Defender a small "thank you" gift?
Terry's answer
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Answered on September 09, 2013
I agree. Check office policy about the gift, but write the note either way. (I am a former Public Defender.)
First time offender convicted of 3 counts petty larceny sentenced to 1 year in jail. Would an appeal work in our favor?
Terry's answer
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Answered on September 09, 2013
I am not admitted in Virginia, but 1 year for 3 first-offense petty larcenies seems stiff to me. Was this a plea or after trial? You should...
Archived
I was refused counsel in appealing a charge in my local distric court, I was also refused access to a law library
Terry's answer
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Answered on September 09, 2013
I have to disagree with my colleague. Unless the conviction was for a petty offense, there is a constitutional right to counsel on appeal. As...
Archived
My Attorney filed a stipulation on a court hearing date but made a mistake in index number for example it should be
Terry's answer
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Answered on September 09, 2013
I believe you submitted this question earlier, in a slightly different form, without disclosing that you had an attorney in the matter. That...
Archived
Is there any CPLR or other rule, case law, or practice that covers the length (in pages) that a civil complaint should be?
Terry's answer
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Answered on September 09, 2013
I agree with all my colleagues, who have said it all.
Archived
In a retrial can my brother be sentenced to more time than he was during my first trial?
Terry's answer
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Answered on September 09, 2013
I agree with my colleagues, particularly Mr. Sachs' usual articulate analysis.
Archived
What would be the case title
on the RADI a477 appeal form
in a matrimonial money judgment?
Terry's answer
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Answered on September 09, 2013
The case title is, as Mr. Rothstein noted, the caption, in the same format as on the papers in Supreme Court. My colleagues are also correct that...
Selected as the best answer
Archived
This is for any attorney. I would like to briefly hear about your biggest victory in criminal court in regards to a client.
Terry's answer
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Answered on September 07, 2013
When was a public defender, I had a Hispanic client charged with assault, who claimed he had been beaten by the police. There was evidence to...
Archived
Can you appeal a drug possession charge if lawfully misrepresented by your public defender in Ventura county, ca
Terry's answer
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Answered on September 07, 2013
My California colleague has answered your question about the timeliness of an appeal, and I agree with my other colleague about getting an assigned...
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