My brother is creating what he calls a Form 40 and doing it Pro Se, but I cannot locate anything on the web to help him know what his attachments should look like. He is in MO. and answered all the questions on the form 40, but has to create an attachment for questions 8 and 9 (because he has more to add) but is unclear how to legally present to attachment. He is also unsure if he should include case law. He has to justify his claims and state facts supporting them, but he isn't sure how to word it. He doesn't want to be denied just because he didn't create it correctly.
Are there any attorneys willing to provide a sample of a Form 40 that would have needed an attachment for questions 8 and 9 so he can see what it should professionally look like? Know of a website that has one?
Even if he cannot afford an attorney, your brother may do himself a disservice if he does not at least try to obtain a public defender...
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One does not create a form 40. It already exists (I guess though I have not heard of it). If your brother is in St. Louis City court, they have a website with forms you can download. Otherwise, you would just be drafting whatever the motion is you want to draft. a better question would be asking what motion you should file.
NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com
He needs to make sure he files it in a timely manner. If he misses an issue, it is not the end of the world because the public defender (or private attorney if he hires one) is generally given time to file an "amended motion" that can include all of his claims once he has a chance to sit down with his attorney and review his case. Tell him to make sure he does not miss the deadline and to contact the public defenders office immediately.
Anthony Muhlenkamp - 314-725-7777; [email protected], Frank, Juengel & Radefeld, Attorneys at Law, P.C. Feel free to call or email me for a free consultation. However, please be advised that answering questions on this webpage is done to provide general information only and that by responding to a question we have not established an attorney client relationship. In order to establish such a relationship we would need to meet in person and go over more details of your case. Thank you.
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