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Questions Answered by Attorney Timothy Alan Provis
1 Answer | Asked in Appeals / Appellate Law for California on
Q: Appellant's opening brief, and their Respondent's brief in cross-appeal, are duplicative. Can the latter be dismissed?

The cross-appeal is against another defendant, not me. But they copied their entire opening brief (against me) into their cross-appeal brief, essentially attempting to create a new appeal against me. But it's the same exact issues and arguments!

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Apr 16, 2014

Dear ?,

"essentially attempting to create a new appeal against me." No. A new appeal against you cannot be created in this manner. You have no grounds to move to strike the respondent;s brief in the cross appeal because you are not a party to the cross-appeal. If this party wants to...
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1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Arent missing pieces of transcripts suposed to be investigated during appeals wisconsin

The judge starts trial after lunchthen just walks out and comes back in the courtroom,and says the witness telephone call was to...transcripts only say he had to use the phone

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Apr 16, 2014

Dear ?, If the transcript is missing something which is crucial to an appeal, it is up to the appellant to file a motion in circuit court to have the transcript corrected.

Yours Sincerely,

Tim Provis

Appellate Counsel

Cal. Bar No. 104800

Wis. Bar No....
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: When would an individual file a Cross-Appeal
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Apr 16, 2014

Dear ?,

See Cal. Rule of Court 8.108(g): "(g) Cross-appeal

(1) If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until 20 days after the superior court clerk serves notification of the...
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1 Answer | Asked in Constitutional Law for California on
Q: Why is the Hurtado v california case so important to the future development of criminal prodedure?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

No one could answer this question in the space limitations in this forum. You can find a good answer by reading this article:

Jerold H. Israel, Free Standing Due Process and Criminal Procedure, etc., 45 St. Louis U. L.J. 303 (2001).

1 Answer | Asked in Constitutional Law for California on
Q: DOES ONE HAVE A CONSTITUTIONAL RIGHT TO A JURY TRIAL IN CIVIL CASES IN CALIFORNIA
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. See:

"CALIFORNIA CONSTITUTION

ARTICLE 1 DECLARATION OF RIGHTS

SEC. 16. Trial by jury is an inviolate right and shall be secured

to all, but in a civil cause three-fourths of the jury may render a

verdict. A jury may be waived in a criminal cause by the...
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1 Answer | Asked in Criminal Law for California on
Q: If your house gets raided by police and not home are they suppose leave a copy of the search warrant?

Or if your relative arrive and ask to see a copy of search are they suppose to show it?

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes and maybe. If your relative is not a resident of the house, the police may withhold the warrant from him/her even though they have no reason to.

1 Answer | Asked in Criminal Law for California on
Q: What do I do if my trial is not fair and they can't show actual evidence that I did the crime what do I do
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

You file an appeal. But, you need counsel to do that. (Well, you could do it yourself, but why risk screwing it up?) If your trial is over, you are entitled to counsel on appeal. Contact the Public Defender in the county where your case is being tried.

1 Answer | Asked in Criminal Law for California on
Q: I was molested sexually by another male student at my school. The school kicked him out; can I still sue?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. The thing is, though, does this student have any money to pay damages if you win?

2 Answers | Asked in Criminal Law for California on
Q: Ca if someone leaves your house and gets arrested for possesion can house be searched if resident is not on probation?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. If the police have enough information to get a search warrant, then the house can be searched. They probably need more than just the fact someone leaving the house was holding, but they may well have more info.

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1 Answer | Asked in Constitutional Law for New Jersey on
Q: Is a search warrant valid if it says "on this day", but there is no date anywhere in the document and there is no time
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Probably. The only way to get an intelligent answer to this question is to present a copy of the warrant and the police reports associated with it to counsel who specialize in criminal defense who then would review the matter to determine if the rights of the persons residing in the place of the... Read more »

1 Answer | Asked in Constitutional Law for Nevada on
Q: Does my wife have a legal recourse to file a lawsuit?

I was arrested for convicted felon in possession of a firearm and the gun was locked in a closet in the room my wife occupied alone, therefore placing it in her immediate possession. The gun was removed from her private possession without her permission or concent, written or verbal. This violates... Read more »

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Possibly, but not on 2nd Amendment grounds. If the gun was seized at the time of your arrest and there was no search warrant for the residence, she may be able to sue for a violation of her 4th Amendment rights. She should see a civil rights attorney to find out.

1 Answer | Asked in Constitutional Law for California on
Q: Explain the purpose of the Equal Protection clause? How do you determine if an Equal Protection violation has taken plac

E or not?

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Sorry, we aren't doing your homework for you. Besides, to give any kind of a good answer to these questions would require a lot more space than we are allowed here. Whole books have been written on these questions. Three of them are: Judith A. Baer, Equality Under the Constitution (Cornell U.... Read more »

1 Answer | Asked in Constitutional Law for California on
Q: Does the fourteenth amendment [right to a fair trial] condition and clause also apply to government entity trials ???
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Your question does not make any sense to me.

First of all the 14th Amendment nowhere contains any clause referring to the right to a fair trial. The Due Process right to a fair trial which the 14th Amendment guarantees is something which has been built up over time by decisions of the U.S....
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1 Answer | Asked in Constitutional Law for California on
Q: I HAVE A 28 USC HABEAS IVE BEEN THROUGH EXTREMES 5 YRS PRISON ON UNLAWFULL INCARCERATION 5 RS PC.667.A1 ON A 35 YRS. OLD

PROBATION CASE IVE SUFFERD EXTREMES EMOTIONALLY MEDICALLY AND IM PART OF CLASS ACTIONS AS WELL PLEASE EMAIL ME IM BATTLING 6YRS,NOW AND I NEED ADVISE ALTHOUGH IM WINNING AND I SHALL WIN JUDGEMENT I STILL NEED SOME HELP THANK YOU SINCERL,RESPECTFULLY.

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Since you did not provide your e-mail address, no one can e-mail you. You also did not ask a question so we cannot provide you with any information because we don't know what you want to know. And furthermore, none of us will be giving you legal advice until you become a client.

1 Answer | Asked in Constitutional Law for California on
Q: Who do I contact to enforce my Fourth Amendment rights?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

This depends on whether your rights were violated by police in a criminal case, in which case you should have a criminal defense lawyer who can enforce your rights with a motion to suppress, or whether your rights were violated in some other manner, in which case you would go to a civil rights... Read more »

1 Answer | Asked in Constitutional Law for California on
Q: Do ballparks, stadiums, and public schools have a legal right to search our backpacks/purses?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Ballparks and stadiums are privately owned businesses and you have no constitutional privacy rights you can enforce against them. The 4th and 14th Amendment only protect you against official intrusions into your privacy. So, ballparks and stadiums make it a condition of your admission that you... Read more »

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Is there a Statue of Limitation on a US Constitutional violation ?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Yes. You can sue a state agency in federal or state court under Title 42 U.S. Code §1983. The statute of limitations for the case is whatever statute of limitations the state in which it happens has for civil rghts claims

1 Answer | Asked in Constitutional Law for Wisconsin on
Q: What do they mean by establish post offices and post roads?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

This a quotation from the U.S. Constitution, Article I, §8, Clause 7. It gives the Congress the power "to establish post offices and post roads"

In 1789, when the Constitution was adopted, the mail was carried on by riders on horseback. Post offices were few and far between. So postal...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the process for keeping a disorderly conduct 947.01 off one's record in the State of Wisconsin?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

There is no such process unless the convicted individual was under 25.

See:

"973.015? Special disposition.

(1)?

(a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 25 at the time of the commission of an offense for which the...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do you have to sit jail time in Wisconsin for a PSI report?
Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 19, 2013

Generally, bond is revoked and the convict is jailed after a plea or a guilty verdict. So, yes, you ordinarily have to stay in jail waiting for the PSI.

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