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LegalwriterOne

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LegalwriterOne last won the day on January 11

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  1. Why not write a letter to the traffic court with a copy of his documentation explaining the situation and including the citation number so the court can locate the file?
  2. If she doesn't work, how will you support her if allowed to emigrate? That's what they want to know. The current administration has added hurdles to prevent immigration where there's the chance they might seek financial assistance from the government once they get here.
  3. The law on simple possession of drugs changed with the enactment of proposition 47 in November 2014. Anyone who had a felony conviction for simple possession can petition the court for the charge to be reduced to misdemeanor. Anyone charge after November 2014 only faces a misdemeanor charge. 3 oz is simple possession.
  4. It would be nice if you didn't post one long sentence so we could figure out what you're trying to tell us. I'm assuming you didn't put any drugs in the car but you do know how the car got to where it was when the police had it towed. That's probably all they want you to testify to. You can't claim the 5th if your testimony doesn't incriminate YOU specifically. You didn't drive the car.
  5. Under prop 47, simple drug possession is no longer a felony. Your post isn't clear which offense you refer to when you say the person got diversion. The reference to 1192.5 likely means that he withdrew his plea so there is no conviction to consider. Why is this a concern for you?
  6. If you are subpoenaed, you appear. If you are called to testify and you assert your 5th amendment right not to incriminate yourself, the court will bring in an attorney to represent you and determine if, in fact, what you are being asked to testify will actually incriminate you. If it does, they can't make you testify but the prosecution can certainly asked the cops to take a closer look at you....
  7. I disagree. There are motions to dismiss that the defense does file and can get a dismissal--motion to dismiss for violation of right to speedy trial is one. In CA there are multiple ways to seek a dismissal. You can even "invite the court" to exercise discretion and dismiss. Whether OP has any viable grounds is unknown since we have no facts.
  8. You are assuming there is a form which there likely isn't. There are various grounds upon which a motion to dismiss may be based and you didn't provide enough information. You can google "Michigan motion to dismiss based on [whatever your grounds are]" and see if samples pop up.
  9. Your husband can 1) ask for a new attorney at his next court hearing or 2) write a letter to the judge requesting the appointment of new counsel. What he should NOT do is put any facts of his case in the letter if he goes that route and what you should not do is continue to discuss the case with him. Nothing you discuss over the phone or by mail is confidential.
  10. In IN, unlawful possession of a syringe in a Level 6 felony which has a sentencing range of six months to two-and-a-half years.
  11. If you marry, you become legally emancipated and not longer your mother's dependent. It's up to your spouse to support you....
  12. Are you referring to a published court opinion after an appeal in your case? An appellate court's published opinion can't be "changed." It's based upon the actual record in the trial court as in the transcripts.
  13. And I work in the field. There are people still being tried and convicted of capital murder. Capital murder charges are still being filed on new cases. There is legislation recently passed to speed up the appellate process that attorneys are still fighting. It's the criminal defense bar's challenges to the drug protocols that have kept the state from killing anyone. The practical fact of the matter is the death penalty in CA is unconstitutional as applied and the expense of a death penalty case from the start through the appeals process is an enormous waste of money. It costs a whole lot more to try to execute someone than to simply keep them locked up for life. Life without parole also guarantees that no innocent person is murdered by the state. Statistically, based upon the number of exonerations, 1 out of every 10 people on death row are actually innocent.
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