The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... Read more »
To my bank and they cashed it. I thought of it wasn't real or whatever they would know before they cashed it
If you have been charged with a crime (which is unclear from your post) you should hire an attorney. If you are wondering if you could be charged with a crime, the answer is yes.
Is there ever a point before a trial where motions can no longer be heard to suppress evidence?
Depending upon how important the evidence suppressed is, a successful suppression motion can cause the government to dismiss a case entirely or offer a better deal. Most courts are quite liberal about when they will hear suppression motions all the way up until the date of trial. Suppression motion... Read more »
Or do they have to prove that they did read me Miranda rights?
They do not have to Mirandize you at all. If they do not, they cannot use your statements during a custodial interrogations against you in court. So, if you were interviewed while in custody, they can't use what you said.
You’re not. As the victim you have the right to say or not say whatever you want concerning sentence.
The final pretrial hearing is coming up and I expected to be able to clear my name of these charges with exculpatory evidence, however the prosecutor did not mark any evidence as exculpatory even though it should have been. I am concerned that my only two options will be to accept a plea deal for... Read more »
You can request the court assign you counsel, but as you have already retained counsel, the court may well find that you do not qualify. If there is specific exculpatory material you believe exists, but has not been turned over, you should discuss this with your attorney to press for more discovery.
There is at least one other victim
Report the matter to police. If there is time remaining on the statute of limitations, your abuser may be prosecuted.
Both docs are the same except the post release control information. When I was released the doc states I have 3 months post release control. The doc I received 3 months after my release states 3 years post release control. Which is correct?
It is likely the 3 years is correct as 3 months is not a normal post release control duration.
My lawyer used the language "We expect an indictment" at an early hearing and I had no reason to expect an indictment. Then in front of the judge he said "You got your indictment right?" and I nodded. Then afterwards I told him the reason I nodded was because it felt like he... Read more »
While such an exchange is unlikely to have any impact on whether or not an indictment is sought and obtained, you should answer questions in court truthfully. You have a right to receive a copy of your indictment and 24 hours to respond after receiving it.
You can file anything you want. But if you’ve made it to a final pretrial, it seems unlikely a motion to dismiss is going to be successful.
You can let the prosecutor know and he or she may feel there is a conflict of interest depending upon the nature of the prior representation.
It means the civil service should promote from within, rather than hiring new people into higher level jobs, whenever possible. But the language is pretty loose, so I wouldn't say it creates any kind of absolute right of a lower level employee to be considered to the exclusion of a... Read more »
Not exactly. They may have a reciprocal agreement with your state of licensure though in which they agree to honor each other’s suspensions. This is fairly common practice.
Our mom passed a year ago and had no creditors to pay. Her home is paid off and we (6 children) are deciding to quit claim deed the house over to only one of her children. Is there a type of deed that will guarantee that the property can be reclaimed by the remaining 5 if the 1 grantee defaults in... Read more »
You all need to sit down with a lawyer. If you quit claim you are giving up all rights and responsibilities. You won’t be able to restrict anything.
Possibly. More facts are needed but it certainly a risk if she is restricted not just from owning but from cohabitating as well.
Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.
If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.
Probation release October 2021
Prison release November 2018
Charge is child endangerment related to child abuse.
What release date is used to start the 3 year count in order to own a dog?
You learn something new every day. The three years starts running the day of your release, if you were incarcerated. Note that the chipping requirement has no end date. You’ll have to microchip any unspayed/neutered dog over 12 weeks old, or any dangerous dog as defined in Chapter 955. Also note,... Read more »
When googling the definition of Unlawful Sexual Conduct with a Minor, all definitions state the minor must be above the age of 13 and under the age of 16, if that is true how would someone get a Unlawful Sexual Conduct with a Minor - Sexual Motivation charge with an eleven year old?
One would not. If the child is under 13, it is a rape not unlawful sexual conduct.
I was a passenger in the vehicle I'm not on probation no one else was on probation in the vehicle!? When the driver was ticketed she got she got two tickets and they had two different addresses the kind of car we were stopped in was wrong the tag number was wrong and the officer that stopped... Read more »
It does not sound like you were charged with any offense. If that is the case, you have no rights in the case.
If you cannot afford an attorney, you can ask the court to appoint one. Happens all the time.
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