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Subject: Law questions - legal terms
This is an ARREST ORDER for someone who has been indicted by a grand jury or an affidavit from law enforcement personnel
Subject: Law questions - legal terms
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, but also...
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Subject: Law questions - legal terms
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.
Subject: Law questions - legal terms
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.
Subject: Law questions - legal terms
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 may very well...
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Subject: Law questions - legal terms
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.
Subject: Law questions - legal terms
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.
Subject: Law questions - legal terms
The warrant does not "go away". The issuing judge has probably already given your information to the authorities in the district where the warrant was issued. If it is federal, you should contact an attorney and make arrangements to turn yourself in because the US Marshals will find you. If they have to pick you up, you will find it difficult to get released on bail. Take our strong advice, you want to resolve this as soon as possible -...
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Subject: Law questions - legal terms
That is a pretty general question. The easy answer is "fire him" and get another attorney
Subject: Law questions - legal terms
Please be mindful that we are not attorneys. It seems like there are a lot of things happening at once that will make guessing at an outcome impossible. You should definitely get with your attorney and ask them these questions