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The real question is how did he get released? You can only get redress if you press charges. You cannot expect the legal process to help you if you are not willing to sever the relationship and go after him criminally and civilly. Domestic abuse cases would proceed with vigor if the victims stop protecting their attackers.Read more
Depending on the state where the nisi order was filed, it generally is a "dismissal for failure to act on default ". For example, where an action has remained on the docket for eight months without an answer or defensive motion having been filed by any defendant, the Clerk-Magistrate shall enter an Order Nisi for Dismissal advising the plaintiff that a Judgment of Dismissal will be entered 30 days from the date of the Order unless the plaintiff either (1)Read more
Appealing one's sentence before the Appeals Court is a long shot in most cases. We recommend finding an expert lawyer that not only handles only appeals but one that specializes in the exact type of conviction your inmate was handed down. Appellate Court is no place for an inmate, nor will they be allowed to attend. This is for the prosecutor from the original case and your lawyer who will argue the points in the filing that got the hearingRead more
This is an ARREST ORDER for someone who has been indicted by a grand jury or an affidavit from law enforcement personnelRead more
If her deferred sentence is accelerated, she will actually receive a felony conviction. Whether she will have to serve all or some part of the original sentence is up to the judge. Her court costs will also rise because of the motion to accelerate and the bogus check charge. She should seek counsel so that this does not get out of control. For some defendants in criminal cases, a deferred sentence is a way not only to avoid jail,Read more
If he has a good post-conviction attorney and the facts bear out as you suggest that might be a strong reason to overturn the denial of motion. Anything is possible but, the statistics are not in the inmate's favor as only about 10% of appeals are successful.Read more
No, but it depends on what is being said about the case. Since all of the calls are being taped, and might end up as evidence in the courtroom, the attorney in question might be giving the inmate good advice to remain silent. Why talk about a case when the other side can hear what you're saying. If the offender implicates themselves in the conversation, you'll will wish you never spoke on that phone line.Read more
No, and inmate's sentence cannot be changed without one of the two sides filing a motion to change the sentence. If the prosecution wants more time added to a sentence, they file a motion and give their reasons. They have to deliver this motion to the defense side upon filing. If the judge ruled against the offender, there would definitely be a notice. The RSTAT program is the Residential Substance Abuse Treatment for a State Prisoner. There mayRead more
The only way that cases get reopened is where there is DNA that can unequivocally prove their innocence. If this is a potential DNA case, you should contact the Innocence Project. There will be no more trials or appeals at this late stage as the time to file would have expired.Read more
The Miranda Statute is a very serious element to the arrest and arraignment of an offender. Depending on their circumstances, law enforcement is pretty thorough about reading an arrestee their rights. If they are taken into custody without being Mirandized, there is a motion your attorney can file for release based upon this - but be very sure that this advise actually fits the facts in this case.Read more