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Do you believe that I should stop the appellate review

Customer Question
because currently my charges have...
Do you believe that I should stop the appellate review because currently my charges have mysteriously changed?
I am afraid that the charges could change again and turn around and bite me hard.
Submitted: 2 months ago.Category: Legal
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Answered in 59 minutes by:
3/30/2018
Lawyer: Sean K, Lawyer replied 2 months ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 777
Experience: Attorney/Member in Private Law Firm
Verified

I believe you should see what the charges are now. If the charges were set prior to the appeal, they should not change after an appeal, but if they are lesser, then I would consider ending the appeal.

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Customer reply replied 2 months ago
The clerk is very ambiguous about this.I think the judge wants the appeal to be dropped.What guarantee do I have that this will not return ,after the appeal is dropped, with a Vengeance and bite my niece hard?These people have been to law school and know how to play the court , for their advantage.I need something in writing, that is guaranteed.How do I get this and from whom?
Lawyer: Sean K, Lawyer replied 2 months ago

So in the United States there is a concept called Double Jeopardy. It means the state gets one chance to prosecute a case under one set of facts. If there has been a guilty verdict, double jeopardy has attached to your niece and the state cannot come back and try her again.

Do keep in mind that it doesn't matter if the clerk of ambiguous or not as there is nothing unclear about seeing a file. You have a right to see all of her file and the Clerk only has to give it to you for review.

As to having something in writing, I would believe that already exists in the Court's file and that needs to be reviewed as a priority. Until that is done, any questions or concerns are hypothetical at best.

Also keep in mind that all of these charges fall into the category of likely being eligible for expungement at some point in the future which means that if the applicable statutory requirements are met, then your niece could complete an application process and the charges, in total, may be removed from her records.

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