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Recent Appeal questions

I'm having a bit of an issue with my case. I've been trying

Good evening,I'm having a bit of an issue with my case.I've been trying to balance what to do on my own with my case and what to have lawyers work on so recently I've been doing some filings myself.I have an appeal bond, and I filed a pro se writ of cert to SCOTUS.I hired a lawyer to file my Petition for Post Conviction Relief.I filed a motion for a new trial which was denied, but in response to that motion the Prosecutor also filed a motion to revoke my appeal bond.Her motion is ridiculous because there's no basis to revoke my bond, as my case is still on appeal, she just think that she will stop having to work on my case if I get taken into custody.In Maryland a Judge has to put in writing the reason for revoking a bond, and given there's no valid one. But I'm aware she could do it anyways so I'm wondering what my options would be in the scenario that she does in the next 1-3 days.Would I have to just file a motion to quash the bench warrant, or set date to turn myself in with another judge or motion to reinstate the bond. Wouldn't it be sanctionable conduct if she revokes my bond without a valid reason?PDFs of the motion to revoke bond and my response in opposition are attached.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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This is my first time doing this so here it goes, My husband

Hello, this is my first time doing this so here it goes, My husband is currently encarcerated in a south texas prison, his original conviction was in 2008 he recieved a sentence of 99 years x3 for 3 convictions of aggravated sexual assault of a child younger than 14 . he spent 4 years in a maximun security prison, in2012 his attorney won oral arguments due to the judge not letting his family in the courtroom stating there was no room in the courtroom whenthere was, our court appointed attorney was at least smart enough to take pictures of the courtroom, his case was overturned he was released. had a retrial in 2912 with only 1 charge, we had a bench trial with the same judge and same DA with the stipulations that his max sentence would be 45 years we had a probation officer contact us as well as my family and my neighbors with good responses from all, he was told he was at a very low risk for recitivism(spelling may be wrong) when we had the bench trial the judge gave him 45 years our appeals have been exhausted. He was at no time convicted of any penetration only touching but still has aggravated sexual assault as his conviction, how can that be and how do I get help with a case like this the sentence did not fit his crime at all, all this happened with him in 2002. I do not have a lot of money I am a licence vocational nurse and I work for the veterans administration and my husband served in desert storm. if you could please at least advise me what I need to do or where to start. thank you for your time.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: texasJA: Have you talked to a lawyer yet?Customer: yes we had a court appointed appeal attorney out of austin tx but since all appeals have been exhausted he said he is no longer associated with this caseJA: What advice did they give you?Customer: nothing really told me we would have to have the judge, DA and the sherriff of the county he was convicted in to all agree on a sentence reduction or I could see if the victim who is now 26 yrs old to write a letter stating she wanted him punished but not 45 years which is not going to happenJA: Anything else you think the lawyer should know?Customer: why is his conviction aggravated sexual assault when I just looked that up and there has to be penetration for there to be aggravated assault and there was not

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Dwayne B.

Juris Doctor

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Ga Law: In a revoked balance of probation date 1-11-16(order

Ga Law: In a revoked balance of probation date 1-11-16(order dated 8-19-15)because defendant not medicated by rehab &probation revoked until 2025,can amodification be done now and what would be ending date to modify.Defendant inwomen prison.If it took habeas relief instead what judge would it go before andwould it have to be jury trial?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,464 satisfied customers
I filed a motion to withdraw my guilty plea in a criminal

I filed a motion to withdraw my guilty plea in a criminal proceeding in the Superior Court of the District of Columbia. That motion was denied without a hearing. I believe the denial without a hearing was an abuse of discretion by the trial court. I am appealing the denial in the District of Columbia Court of Appeals (DCCA). There is correspondence that I would have introduced at the hearing that I would like to have included in the record upon appeal. What is the correct procedure for accomplishing this?

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Ely

Counselor at Law

Juris Doctor

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Would racial profiling apply here? The officer made no

Would racial profiling apply here?The officer made no mention, and they were already following the civilian. Also the officer admitted that both him and his partner were suppose to be about 2-3 blocks from the stop, because they were part of a Task Force brought to the area to help out with car robberies. Potential car robbery is the reason the officer and his partner gave for conducting the stop, and having looked at the officer when they were intentionally pursuing the civilian was not stated.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,464 satisfied customers
Defendant and attorney for defendants lied on witness stand

Defendant and attorney for defendants lied on witness stand and then retracted false statement on cross-examination by pro se plaintiff, as it relates to having no restraints on his German Shepherd, but lied to police, animal services, his attorney, and the court, what steps should I take next in my motion on damages and causation after being granted partial summary judgment in Tennessee civil case; severe emotional distress, PTSD?JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: This is in Memphis, Tennessee. My grand daughters, son, and myself were chased and attacked by unleashed German shepherd, city police and city animal services refused to accept pictures after over 30 complaints made by plaintiff, and city police issued a verbal warning and a citation to neighbor in October 2013, but yet chose to believe neighbor had installed electric invisible fencing from November 2013 through April 2014 and enforced arbitrary laws and permanently exposed my family to future attacks. I filed a lawsuit against neighbor in February 2014, and the City and its employees in May 2014. Each party denies all claims, especially the City, it's now on appeal as of May 4, 2016.JA: Have you talked to a lawyer yet?Customer: I have spoken with several attorneys they will not defend my case. I have filed a complaint against the judge and the city attorney in 2015. The city attorney is no longer working on this case, disciplined by the Board. I am a court reporter, and since have made many enemies filing these complaints.JA: Anything else you think the lawyer should know?Customer: Only that I am very ill and becomes more ill as I work on these cases to defend myself and my rights. I am under ongoing treatment by my psychiatrist and therapist now diagnosed as chronic PTSD. It is quite unfair and I do my best to study the law as I proceed forward. The system is broken.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,464 satisfied customers
Can a life sentence without an expiration date be appealed?

Can a life sentence without an expiration date be appealed? A convicted felon received a life sentence 20 years ago but there is no date certain or expiration date......the life sentence is open ended. The new life sentences have an expiration date. Is there a basis for appeal.

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Dwayne B.

Juris Doctor

35,284 satisfied customers
My friend is currently in the federal prison for 18 months,

my friend is currently in the federal prison for 18 months, and he is currently paying restitution from his commissary, but he just receive a certified letter from the state of texas wanting him to complete and send back to them within 12 days regarding his assets. The state already confiscated all his properties to pay towards the victim. He is worried that the state will take his house and his vehicle. The lawyer that he did hire, did not help him at all. Can he appeal this decision?JA: What state is this in? And how old is the car?Customer: Texas, the case is recent. He was just sentence in April 16, 2016 to Federal Prison.JA: Have you talked to a lawyer yet?Customer: He does not want to a talk to his lawyer, because the lawyer that he did hired, only took his money and did not help him at all, and end up putting him in jail for 18 months for a crime that he did not commit- it was his family that was involved in it and they were arrested and sent to prison, but he was never arrested. He went to this lawyer to tell him what was going on with his family, and the lawyer told him to cooperate with the ISR,US Marshall, OAG, etc.. which he did, and he ended up in jail convicted for 18 months.JA: Anything else you think the lawyer should know?Customer: He just received a certified letter from the state of Texas to complete regarding to his assets. He is currently paying the restitution that is set by the judge, but can they put a lien on his assets and property before he is release?JA: Welcome! How can I help with your legal question?Customer: My friend who is currently in jail received a certified letter from the state of Texas to complete regarding to his assets. He is currently paying the restitution that is set by the judge through his commissary, and the letter states that the state of texas will put a lien on his property and assets. Can they do that? Before he is release? and he is currently making payments through prison.JA: Have you talked to a lawyer yet?Customer: no,JA: Anything else you think the lawyer should know?Customer: no

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Christopher B, Esq.

Attorney

Juris Doctor

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Last question, reading today's local newspaper, the Judge

Last question, reading today's local newspaper, the Judge ruled that because the defendant had been provided 5 and had fired 5 Court Appointed Attorneys, and that the last attorney was brought in from another Judicial District, he had no alternative but to allow the defendant to represent himself. He is allowing original Attorney, He was hired by defendant and because the key witness was defendants son, who was 11 at the time and because His Maternal mother could not be located was considered a Child In Need of Care, was not being allowed to testify by the Guardian Ad Litem. The Judge and Attorneys all agreed to allow the 11 year olds attorney to ask the boy if he was called to testify in Court would his testimony help or Hinder the defendants case. The 11 year old testified that it would hinder his dads case at which time original attorney and Defendant agreed to accept the plea deal of 2nd degree Murder and Child abuse. At sentencing the defendant decided to withdraw His plea and after consulting with His Client the attorney said he was withdrawing because the defendant was not thinking in best interest of all involved. Judge would not allow defendant to withdraw Plea and in January the KS Supreme Court issued that the defendant should be allowed Counsel before deciding whether to withdraw or not. Now 5 Court appointed attorneys later the defendant is still asking for legal counsel. Is he entitled another attorney and what will it do if not, will he be able to appeal again

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Zoey_ JD

Doctoral Degree

29,102 satisfied customers
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