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LegalwriterOne

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Everything posted by LegalwriterOne

  1. The defendant's attorney is limited in what they can discuss with the family and he/she can't share the discovery and would be foolish to do so even if he/she could. DNA results are statistical. If he can't be excluded that means there's a high likelihood it's his DNA and yes, a jury can convict based upon that. At a trial the victim would have to testify and with children, juries are very likely to believe them. That's just the way it is. The attorney has a staff and doesn't need outside assistance. They can do more harm than good. The family just needs to be patient. Being before prelim, there's a long road ahead. There aren't many "alternate theories" that are plausible with DNA present. Lastly, the family should NOT be discussing the case with the defendant. Visits and phone calls at the jail are all monitored and recorded and all letters are screened and copied.
  2. Contact the ACLU. They are the ones litigating this.
  3. The attorney is obligated to pass along any plea offers. You either accept or reject it and discuss it with counsel. Defense attorneys can't make a prosecutor offer anything. It doesn't matter for purposes of appeal how prior counsel is or was removed. The appeal is based primarily on the trial and the transcript of the trial, if the case goes to trial. If you think you can handle your case better, feel free to file a Faretta waiver and represent yourself.
  4. Yes. The kids have no say of who they see and who they don't until they are 18 and adults.
  5. https://dictionary.law.com/Default.aspx?selected=310
  6. Sorry, but you have no legal claim to visitation. If the parents don't want to let the children visit, no court will make them.
  7. He/she can sentence you to jail or give you more time to do the community service or anything in between.
  8. If you're not scheduled for a hearing, get yourself on the court's calendar preferable BEFORE the hours are due. Take copies of your time sheets in to show the judge and ask for more time and hope the judge is sympathetic. You shouldn't have waited until the last minute to let the court know there was a problem.
  9. The 9th Circuit has never referenced that case in any decision. You'd be better off searching under the particular statute.
  10. If you suspect other forms of neglect in addition to the non-enrollment, you would contact CPS. They won't intervene if it's just non-attendance. If it is just non-enrollment, you contact the local school district.
  11. Don't assume the court will give you additional time to argue or present additional evidence. Put everything in.
  12. The suspension statute for minors with drug offenses used to suspend or delay at least one year of until the kid's 18th birthday whichever is longer. They changed it to just a year for all those under 21.
  13. I'm pretty sure he'll get the message when he discovers that his license to drive is suspended for a minimum of 12 months (VC 13202.5). If he doesn't have a license yet, he can't get for a year.
  14. Look into finding a local "alternative charter school." There are more a few that are designed for children such as yours.
  15. Not going to happen. She went to court to get that order to take it directly. She isn't required to trust you to pay. That the order says you pay doesn't mean she can't attach it at the source.
  16. Insurance proceeds pass outside of the estate or any will. If she is a named beneficiary, the insurance company will attempt to locate her. If they can't find her, then the money will be escheated to the state and held by the state treasury's unclaimed property program. She can search there periodically to see if it's listed. If it ever shows up, she can file a claim. If the relative died in VA, here's the link to that unclaim property search site: https://www.vamoneysearch.org/
  17. Well, they do. It's your face but the image belongs to the copyright holder who can do as they wish. Most people are embarrassed by high school pictures. Move on to more important things.
  18. While it may be a picture of you, the copyright doesn't belong to you. It belongs to the photographer who took the picture or the school that published the yearbook. In either case, they have control over who has use. There's also a doctrine of "fair use" which allows use for a limited purpose....
  19. There's nothing saying that you can't request additional overnights. You can. What the court striking that provision means that she can refuse you just as she could have before the MSA. The court isn't going to revisit the issue absent a change in circumstances.
  20. The agreement must be approved by the court in order to be enforceable. The court's approval turns the agreement into a court order. If the court struck a portion of the agreement, it was not approved and is not enforceable. I suspect the court struck it because it would be onerous on the other party. It's okay to ask for additional overnight visits but to never be denied is over the top.
  21. Obviously you don't practice in the criminal courts. First, not all public defenders are employees of a county, even in CA. We also have what is called "alternate defenders" who are contracted to take cases the PD cannot. Some are office, some are individual attorney who contract with a head alternate defender. Some counties still contract individually with each attorney . In other states, there is a state-wide public defender who contracts with attorneys for each jurisdiction. Second, if a defendant raises an issued with his counsel, regardless of who they work for, the court can relieve then and appoint another attorney. If it is a county public defnder office, removing one attorney results in the entire office being removed from the case....In the context of the question, firing the appointed attorney is the same as removing them.
  22. I'm not in MA but perhaps this case can give you some insight: http://masscases.com/cases/app/89/89massappct279.html
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