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In a misdemeanor case a defendant went through most of the

case including trial to the...
In a misdemeanor case a defendant went through most of the case including trial to the court pro se. He was convicted and went to direct appeal pro se. The attorney general has recommended a new trial based on one proposition of not being provided a lawyer since he was indigent. He had two other propositions of error. One he feels is stronger than not having a lawyer. The defendant requested reverse and render on all the propositions or error.

An opinion is due any day now. Do you think it is possible that the defendant will get anything less than a new trial since that is what the attorney general recommended?
And what are the chances for a complete dismissal based on the info given?
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Answered in 1 minute by:
7/11/2013
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,318
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Was the AGs office the opposing party on appeal?

Customer:

Yes that is correct.

JD 1992 :

Then they are likely to do what the AG asked. There is still a chance, 25% or less, that they will do something else but a new trial is the most likely result. The chances for a reverse and render are almost 0 in a case where you represented yourself.

Customer:

Is there any possibility they will give a higher sentence than the judge recommended which was 3 months in jail?

JD 1992 :

That is extremely unlikely. It usually isn't even a possibility but to know that woudl require a complete examination of the record.

Customer:

Ok. Thanks.

Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,318
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Verified
Dwayne B. and 87 other Criminal Law Specialists are ready to help you
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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.
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Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,318
34,318 Satisfied Customers
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

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