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LegalwriterOne

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Everything posted by LegalwriterOne

  1. 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....
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. If you marry, you become legally emancipated and not longer your mother's dependent. It's up to your spouse to support you....
  7. 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.
  8. 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.
  9. What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  10. That's not correct. There is a moratorium but the death penalty law is still on the books and people are still facing capital murder. The moratorium just stops the executions. As to the scenario, it depends upon the facts and the offender's record. It takes more than a death to charge murder and more than just a murder to seek death.
  11. I don't know what you mean by second chance but under section 750.356(4)(b) you are facing a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment. If you are asking whether a theft conviction will effect your future licensing or employment, the answer is it's very possible and probably likely. Consult a local attorney.
  12. I'm not in Michigan but it looks like you already had a second chance and blew it. I'd suggest you talk to a local criminal defense attorney and soon.
  13. Anybody that puts a dime down to purchase property without actually walking through and inspecting for themselves is a fool.
  14. The statute of limitations sets out how long the DA has to file charges. Since the warrant has been out for 19 years. it's probable that the criminal complaint was timely filed. It apparently wasn't in the system to pop up whenever you were stopped, assuming that the cop ran a warrant check at the time. You need to consult a local attorney to get this taken care it. It may well be dismissed since the bank may not have any record of it now.
  15. Yes, generally you have to provide her with a copy of whatever you file with the court.
  16. Other than a first-time drug offense or an under 21 DUI, convictions cannot be expunged in Hawaii.
  17. If this arrearage is owed to the mother of the kids, the case won't be closed without her agreement. At this point, it's her money. If it's to reimburse welfare, it's up to the state.
  18. Are you talking about stopping collection of past-due support?
  19. Get married first and start saving money for an attorney. Dad has the absolute right to challenge any effort to terminate his rights so you know you will be in for a fight. It's best that it's your husband with whom you've established a stable marriage who seeks to adopt rather than a fiance.
  20. Why not take a friend with you and have them walk to the car with you? She has every right to not turn her child over to a stranger.
  21. You still haven't said if they have filed suit against you or are just calling and demanding payment. If they're just calling, send the letter as I told you above. That will stop the calls. You can dispute the charge through the credit bureaus. Since you said the other person's name was the same as yours, the company probably did a skip trace on your name and your SSN came up so they assume it belongs to the debtor. The other possibility is that the other person has borrowed your identity. There's no way to know and you can't sue the collection company because they got wrong information. If they sue, you defend.
  22. For what? You can dispute the charge through the credit bureaus. You didn't say if you were sued for the debt or what state you are in but under the Fair Debt Collection Practices Act (FDCPA), debt collection agencies must stop contacting you after receiving a letter requesting that they quit. Send them that letter. After they receive it collectors may only contact you to acknowledge receipt of the request, to tell you their efforts have ended or to tell you that they are suing you.
  23. The landlord serves with you a 3-day notice to pay rent or quit. The notice should specify the entire amount owed. You don't pay or move within those three days, the landlord then files an unlawful detainer action with the court. See https://www.courts.ca.gov/selfhelp-housing.htm
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