My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »
Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.
There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...Read more »
I was at work as a CNA I was told to take care of this one patient in particular because her daughter comes in complaining all the time where as another patient needed more care so I took care of the patient with the complaints and did the rest of my patients at some point I had to pick up a phone... Read more »
All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered...Read more »
In general, a warrant should reasonably describe the location to be searched. When it comes to online material, a lot of identifiers can reasonably describe the location (e.g., account name, account link, profile like, cell number, username, etc.). Not necessarily a name.
My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... Read more »
You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made...Read more »
In Texas, if you are arrested on the warrant from a different county, the arresting county has at least 10 days to hold you if you were arrested on a "Bench Warrant" for a probation violation or similar issue. There are many different reasons that the 10 days could be extended....Read more »
If your husband pled guilty within the past 30 days, he may be able to withdraw his plea if properly requested to the court. If his guilty plea was based on coercion, or other violation of his constitutional rights, the plea could be reversed or undone, if properly filed and pled by Motion or by...Read more »
District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »
Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search...Read more »
A friend of mine is being charged for breaking into a storage facility after hours on camera. The video being used against him is known to have been collected by at least 2 different employees and transferred to a flash drive which investigators didn't pick up for 3 weeks. The prosecution only... Read more »
The chain of custody typically starts once information is handed off from store employees to law enforcement. However, the chain of custody can include store employees who are either store detectives or security, or some type of asset protection specialist. Most major retailers have their own...Read more »
Defendant is claimed to be on video breaking into storage units. The video evidence was collected and burnt onto a flashdrive by 2 of the facilities employees. Employee A saw the video for the first time and is the one who reported it to police, Employee B. Physically collected and burned the video... Read more »
Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »
The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?
The defense could challenge the authenticity of a video (is it what the proponent says it is) just before the trial starts, in a "motion in limine" or as an objection to it's admission into evidence during the trial. It would be helpful to have some evidentiary basis for doing so,...Read more »
My friend is being charged with breaking into a storage facility on camera. Not only did it take 3 weeks for the police to be given this video but there's proof that an individual not listed on the witness list was in control of the video prior to police getting a copy. Is the prosecution... Read more »
In Minnesota courts, the prosecution would not be required to call as a witness for examination at trial every person with access to video footage evidence. However, the defense could potentially subpoena those witnesses, to come testify. (Though that does not mean this would necessarily be a...Read more »
I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.
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