Legal malpractice. My friend, a special ed teacher, was
Legal malpractice. My friend, a special ed teacher, was arrested and charged with reckless behavior for moving a child's chair while the child was having a tantrum, not unusual situation in a special ed class. The child fell from the chair but was not injured. My friend was charged, arrested, went to trail and was found guilty of a misdemeanor by an almost hung jury. She had two different criminal attorneys. Both failed to do due diligence on case law. Had they done so they would have discovered that no teacher in Georgia can be arrested without a special pretrial hearing. Her first attorney did not know of or employ this law in her defense. In addition, there is a powerful law in Georgia that protects teachers in class when they are attempting to ensure discipline or maintain a safe environment. As long as the teacher "acted in good faith" they are immune from prosecution. This law has been tested several times on appeal and the teacher has consistently won. Our second criminal attorney was unaware of this law until we brought it to her attention and by then it was too late. A five minute check of relevant case law would have turned up both these laws and made prosecution impossible or at least more difficult. Not doing due diligence on relevant case law is surely grounds for a malpractice suit?JA: Can you tell me what state this is in? And do you have copies of the medical records?Customer: GAJA: Has anything been filed or reported?Customer: We have file for a new trialJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, the circle of people who can be potentially sued here is, I believe, rather large. A lot of people dropped the ball or in some cases acted out of malice including the School Board's retained attorney.
I need help or advice from an attorney about a DUI case
I need help or advice from an attorney about a DUI case involving a person with a traumatic brain injury that is being tried with no evidence of illicit substance but going off of a dash cam video evidence only. The defendant has slow speech and the prosecutor is trying to use this evidence as proof that the defendant was under the influence of drugs.JA: What state is this in? And can you tell me a little more about the charge?Customer: NCJA: Has anything been filed or reported?Customer: Yes, it has been tried once with a hung jury and the DA is retrying the case.JA: Anything else you want the lawyer to know before I connect you?Customer: I am the aunt and foster parent of the defendant and I testified in the first trial.
My Son was arrested in 2010 and he had three trials,
My Son was arrested in 2010 and he had three trials JA: Since laws vary from place to place, what state is this in? And when did this happen? Customer: Maryland, the bot***** *****ne, two trials ws a hung jury and the third trial all charges was dropped and he was sentenced to 2 years and after 13 months JA: Has anything been filed or reported? Customer: sorry I made a mistake typing can I telephonically contact you because the above charges have all been expunged and the state of maryland had him sign documents indicating he would not sue the State for him spending 13 months in prision which is ok with us. We checked and the felony conviction has been removed from his record BUT when you google his name William *********** every thing pops up pages long and at the end it basically states not enough evidence for a conviction............My Son graduated from Bowie State University with a BA in Business Management 2010 had a great job before ll this happened.......When he applies for a job and HR reads whats not been removed, they never read the ending just a few paragraphs and he does not have a chance and I know this info was put in the system after his expungment JA: Anything else you want the lawyer to know before I connect you? Customer: my cell number is ************ and my Sons cell number I will give you after we telephonically speak
Counselor at Law
In a common sense case if a person wasn't seen a the crime
In a common sense case if a person wasn't seen a the crime breaking in a home and no one witness the crime.In the State of Florida can a person be convicted on a palm print through a agency without showing documentation of a person. If a person had a trail and the trail was hung jury can a judge retail the case after he giving his word on a mistrail
I was pulled over and the officer said he paced me. the dash
I was pulled over for speeding and the officer said he paced me. the dash cam shows me passing the officer and the car he was following but has no speed anywhere. He did not use a radar gun. There is no set distance in Illinois or training for pacing. There is also no department policy on pacing. How is this legal. He said I was doing 61 in a 45 but I know this to be a lie as I looked at my speedometer when I went past the cop. the audio has been erased from the dash cam. He had pulled out of a parking lot and almost hit me and I blew my horn at him which I assume made him mad and 30 seconds later I was pulled over
This is a social as well as a political question. I'm
This is a social as well as a political question. I'm not sure it is appropriate for this forum, but I paid my fee and will take my chances. I have been wondering for a couple of years now why the President refuses to speak out against the daily massacre of young blacks in Chicago? He spoke out about Ferguson, Baltimore, etc., etc., but will not demand that the violence stops in his adopted hometown. It can't be a partisan issue can it? If I were President, I would go on national TV and tell the thugs in Chicago that it stops today. If not, the 101st AB will be there to protect the lives and property of innocent people. I think of Ike and JFK sending Federal troops to troubled areas in the South during the Civil Rights days.
Esq, Thank you response. However, i am confused with The
Hello Gerald, Esq,Thank you For your response. However, i am confused with The lăst Part."Once The matter is given to The Trier For deliberation (jury or Judge) And absent a hung jury Any dismissal would be as double jeopardy, would The Apply".Specifically, The jury Was hung Late 2012' And a mistrial, Was declared. The Gov. Refiled within 70 days, however, in 2015, prior to a second trial, The defendent movies For STA violation, (more then 70 unexcused days of delay) The motion Was granted, one of The mâin case cited (uș v zedner 2006). More then 4 months (120) have passed since The dismissal. Can The Gov. Refile The case,? and or re indict' There is no new information., The cașe resulted, From The only evidence of 2006.(USC 1591 And 2251). Regarding, a 17 year old prostiuțe. The defendent Was not aware Was a minor. The inițial indictment Was filled late 2010.The defendent, conținues to refuse Any plea offers, Which would have waived all appeal rights, or any claim Per The Hyde Admenment etc. The case does not envolve murdar, drugs, nor is The alleged crime punishable by a Life sentence. Prior to trial, The plea offer Was 5 years And haș decreased From there.
This is a follow question to your answer today 1/2/2016 (1)
This is a follow question to your answer today 1/2/2016 (1) If i understand correctly The Gov" haș 70days to refile, providing they are no unavailable wintess. (2). Does a dismîssal For violațion of STA Constituțe as a dismissal, as in Mîstrial, During or after a jury trial.? (3) how many times does The Gov.have to refile a Fed case that does not Carry a Life sentence ? (4) after two dismissals can The Gov File a third time?
If a person in The estern diștrict. Poșt mistrial, (hung
If a person in The estern diștrict. Poșt mistrial, (hung jury) sucessfully had His case dismissed For speedy trial act violation STA. 3 years after The trial. How long does The goverment have to refile. Charges were dismissed without prejudice. The defendents is in pro se. Dismîssed charges usc 1591 And 2251 aiding And abeting.