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Recent Right to Appeal questions
My 63 year old brother was found guilty of kidnapping and
My 63 year old brother was found guilty of kidnapping and gross sexual imposition, 8 counts on one girl, from the time she was 7 to 11, he plea bargin to what he thought would be 3 to 5 years, turned out it was 3 to 5 years per count, his first offense, he's a family man, and just recently retired, we paid his lawyer all the money we had and borrowed on our house, $18,000.00, his lawyer did a bad job defending, needless to say the Judge gave him 23 years in prison, we filed a appeal, the Judge and prosector claims hes a Monster and Dr Jykel and Mr Hyde, this is not him at all, I believe he is guilty, but dont believe in the senctence, any advise
My minor 16 year old son received a traffic ticket. We tried
My minor 16 year old son received a traffic ticket. We tried fighting it via Trial by Declaration but was found guilty (the final guilty stmt did not include an option to attend traffic school). At this point, I would like to obtain a chance to have him go to traffic school. What is the correct way to go about requesting the traffic school?
Are there any Florida or Federal court cases that ruled that
Are there any Florida or Federal court cases that ruled that because a defendant was not properly told by his attorney or the court about possible collateral damages as the result of a criminal conviction that he is entitled to withdraw his plea of no contest?
Counselor at Law
My stepdaughter (Subrina) attacked me one morning. One of
My stepdaughter (Subrina) attacked me one morning. One of her attacks involved an abusive verbal assault on my character. Subrina's grandmother became alarmed at our exchanges and tried to protect Subrina by wrapping her arms around Subrina. As a result, the grand mother accidently dug her fingernails into the upper chest area of Subrina's body creating three visible scratches. When Subrina observed the scratches, she immediately called the police to blame the scratches on me because she knew her grandmother spoke no English and couldn't tell the police what really happened. While the police were on their way to our home, Subrina sneaked up on me, then hit me on the side of my face, and then stole my TV remote. When I approached Subrina to retrieve the stolen TV remote and prevent its destruction, she produced a video of my approach with her phone camera to convince the police that I had attacked her. As a result, the police arrested me when they saw the video and the scratches on Subrina's upper body (all Subrina had to do was tell the police she didn't know where the scratches came from). The police lied when they said the video showed me lunging toward Subrina and in a tussle with Subrina. They did this to justify my arrest and the false charge of Battery Domestic Violence. However, all three witnesses present at the scene (Subrina, her grandmother, and me) told the police that I never hit Subrina. Also because I have osteoporosis, I had trimmed my fingernails down to well below the skin line the day before this incident occurred (my wife can testify to this).At the present time (nine months after the incident) my lawyer says he has cleared up the lies and misunderstandings of this case to the prosecutor. Subrina's grandmother has agreed to testify that she caused the scratches and that I never touched Subrina. Nevertheless, the prosecutor and my lawyer are still trying to force me to plead guilty to the crime of Battery Domestic Violence. They tell me if I plead guilty, pay a $300 fine, and attend an anger management class, they will dismiss the charges (whatever that means). They tell me this is a good deal because if I plead not guilty, I could spend up to six months in jail even though I have never previously been accused of anything like this batter charge. However, they refuse to explain the ramifications of this plea deal such as losing my right to file an appeal and my right to sue to recover damages etc. After I have insisted that my lawyer give me a straight answer, he sort of admits that my guilty plea actually has the purpose of protecting the police and prosecutor from their false arrest and false charges and their negligent, incompetent, and dishonest investigation. Nevertheless, my lawyer continues to use the excuse that it would be cheaper and less work for everyone if I would just plead guilty and accept the deal. At this point, it appears that the prosecutor will continue to refuse to allow my case to proceed (to either a trial or a dismissal) until I accept their deal and plead guilty. However, I know that the prosecutor does not have any witnesses (Subrina is in China and cannot be at the trial) and he admitted to my lawyer that the evidence shown in the video is very weak and incomplete, to say the least.Because I do not want this violent crime on my record, I have some questions about my case: (1) If I plead guilty to a crime I didn't commit (if I accept their deal), would I break any laws? (2) How long can the prosecutor (with the help of my lawyer) keep my case locked up (it has already been 9 months since the incident)? (3) My lawyer won't tell me if he waved my rights to a speedy trial; how can I find out if he waved this right? (4) Because my lawyer would have waved my speedy trial rights without my knowledge or consent, do I still have these rights? (5) Because the police and prosecutor refuse to prosecute the proven Battery Domestic Violence that Subrina committed against me, can I do anything about this obvious discrimination and scandal? (6) Because the police verbally assaulted me as I sat in the police car waiting for arrest, does this and other atrocities negate their clams of probable cause which they used to arrest and charge me? (7) Because my attorney refuses to explain anything to me in an understandable way or provide copies of the correspondence in my folder, can I do anything to force them to provide me with copies of these documents? (8) Can I do anything about this obvious scandal (other than plead guilty to a crime I did not commit), i.e. should I try to get permission to defend myself to save the $3,500.00 it would cost to have my dishonest lawyer handle my trial? (9) If the police had conducted an honest and somewhat reasonable investigation (checking my fingernails and the video), would the additional information they would have obtained have canceled out the probable cause for the scandalous arrest and charge they made against me if I file a lawsuit?
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.
When i had a rare reaction to Prozac a antidepressant it made
when i had a rare reaction to Prozac a antidepressant it made me from delusions and go into psychosis and i messaged and ex of mine something i though was true. i told her to put her gun in her mouth and pull the trigger via a text message. we came to agreement in court and they extended my injuction agianst her and her friend. i cant remember what i sent her friend. all i know is my court case is up for the whole word to see and i was crazy when i sent these messages. and i am looking to appeal and was wandering if i had a shot.JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help. Have you consulted a lawyer yet?Customer: yesJA: What advice did they give you?Customer: havent been to see one yestJA: Is there anything else important you think the Criminal Lawyer should know?Customer: nopeJA: 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.
I live in iowa I was at a Walmart store I was driving a
I live in iowaI was at a Walmart storeI was driving a friends vehicle. My license is suspended for a owi.3 days later the police come to my door and arrest me for driving while license is suspended. They used Walmarts video from Walmarts security camera. I had a public defender. He said that the camera was sufficient to find me guiltyEven though they never seen me on the public highwayCan I appeal this?
Quick question i have done extensive research in readingView more criminal law questions
Quick question i have done extensive research in reading different laws pertaining to NY,If a convicted felon wether by plead or found with guilt either or, and his attorney counsel felt that a trial would jeopardize a deal being given, can the defendant if plead guilt on a deal, can that defendant appeal for a lesser charge wether or not a numerous amount of time has passed with superb record of no new charges, do courts usually lessen charges depending on the circumstances?