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Recent criminal law questions

Can a DA ignore blatant obviously lies and contradictions by

Can a DA ignore blatant obviously lies and contradictions by their witnesses, even to the point of perjury, and continue pursuing charges when these lies would no doubt have proven the defendants innocence? Isn't that bad faith?

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Ely

Counselor at Law

Juris Doctor

 
62,182 satisfied customers
My husband was convicted of "pro poss of weapons/awaiting

My husband was convicted of "pro poss of weapons/awaiting sentencing. We found out that the atty. representing him was notified that his lic. was being taken away from him and that that he took our case knowing that he was going to be disbarred. A Pub. Defend. has been assigned to my husband. Can we file an appeal ? Or, ask for a new trial. My husband was not guilty of a weapon charge, except that 2 guns were found in the attic of our home after police came rushing in our home in pursuit of a neighbor who had a warrant. The guns were up there for over 30 years and never touched by him.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: In Az. Warrant issued against neighbor on 1/9/16 and quashed on 1/23/16 and our home searched on 1/28/16.JA: Have you consulted a lawyer yet?Customer: He took the matter to a jury trial and was found guility of prohibited possession of a weapon. But we believe because the atty. representing him was disbarred one day after his trial ended and the fact that the atty. did not file a Motion to Suppress evidence in a timely manner caused the guilty verdict. Should we file an appeal or request a mistrial.JA: Is there anything else important you think the Criminal Lawyer should know?Customer: The warrant issued was not a search warrant, initially, it was for a neighbor and that warrant was quashed 5 days before the incident.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,310 satisfied customers
Can you file a motion to dismiss just days before trial ?

Can you file a motion to dismiss just days before trial ?

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Roger

Litigation Attorney

Doctoral Degree

 
32,878 satisfied customers
My daughter a student got a citation to appear in court

my daughter a student got a citation to appear in court 31may for a charge of allegedly battery and assault by a room mate which totally false, she has a witness that can witness this false accusation. my question is , is it necessary for her to have a lawyer present with her when she appears in court?

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Zoey_ JD

Doctoral Degree

 
28,318 satisfied customers
My son was sentenced to 20 to 90 years on april 10, 2016 and

my son was sentenced to 20 to 90 years on april 10, 2016 and I was told by his lawyer at the time to wait until the election that will be may 10, 2016 and try to appeal but I am not sure how to go about it and if that is even possible.JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?Customer: yesJA: What advice did they give you?Customer: he had a court appointed lawyer at the time. and it didn't seem like he cared about trying to get any information or doing anything to help my son until it was too late.JA: Is there anything else important you think the Criminal Lawyer should know?Customer: after the judge sentenced my son the lawyer said that the judge was probably so harsh because it was an election year and that we could try to appeal after the may electionJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.

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Zoey_ JD

Doctoral Degree

 
28,318 satisfied customers
My family wants me to admit guilt to a stalking charge which

My family wants me to admit guilt to a stalking charge which I don't feel I am guilty of via Mental Health Court. There is a bunch of literature in the charge that does not add up at all ( mis-information. ) What should I do?JA: Thanks. Can you give me any more details about your issue?Customer: what is needed? There are too many. A lot of drama and a business relationship that was mixed with a perosnal relationship and a no contact order and I ran from police because I did not want to lose the lady I was doing business with who was a very good friendJA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Zoey_ JD

Doctoral Degree

 
28,318 satisfied customers
If I believe a case was improperly handled or that there was

If I believe a case was improperly handled or that there was some other issue with the case, namely that the person filing the charges lied, would it be possible to file a motion of acquittal. The case is from 2001.If so, do you have a sample of a motion for acquittal?The shielding laws do not allow for shielding of the case but I feel a strong case could be made that the other party made false statements in an effort to influence the courts opinion and decision.

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Zoey_ JD

Doctoral Degree

 
28,318 satisfied customers
I was sentence in January of this year to comply to serve a

I was sentence in January of this year to comply to serve a 3 year probation sentence. I was convicted with two class six felonies for poss. of marijuana. I feel I was wrongfully represented by my court appointed lawyer and feel the pre-sentence report by deputy probation officer(baliff) lead to this.

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Zoey_ JD

Doctoral Degree

 
28,318 satisfied customers
I decided to take my retail theft case to trial, how risky

I decided to take my retail theft case to trial, how risky is it.

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Zoey_ JD

Doctoral Degree

 
28,318 satisfied customers
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