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Questions Answered by Timothy Alan Provis
1 Answer | Asked in Criminal Law for Wisconsin on
Q: I know of someone in Wisconsin who did a "fund raising event" claiming it was for our organization and kept the money.

A member did a fundraiser using our name without our knowledge and apparently made $600 and kept it.

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

There is no question here. If your organization wants this member prosecuted for theft, it needs to call the police about it.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is wisconsins rape law and describe what evidence you would have to present to defend againist a charge of rape
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

It is impossible to make any general statement about evidence an accused must present to defend against a charge of rape. The evidence depends on the facts of the individual case. As far as the rape law, you can look that up for yourself at www.legis.state.wi.us/rsb/stats.html

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I am a convicted felon..How do i get my right to own and possess a firearm back?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

In general, you probably can't. But you may qualify for a federal exception. You need to consult with counsel who specializes in firearms law. Try Tom Grieve in Waukesha at 262-549-5979

1 Answer | Asked in Appeals / Appellate Law for California on
Q: In the context of retroactivity, what does it mean for a case to be "pending on direct review or not yet final"?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

You are asking about the rules the U.S. Supreme Court uses to decide when a new ruling on constitutional law it makes will apply to cases which have already been tried. If a person appeals his/her state court conviction and the state court appeal has still not yet decided the appeal when the U.S.... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: If the brady rule says that if brady is discover after conviction,the remedy is to order a new trial,what do that mean?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

The Brady rule provides that if the prosecution withheld exculpatory evidence from the accused during the trial, then on appeal, the court must order a new trial. Exculpatory evidence is evidence which had a reasonable probability of changing the result of the trial had it been presented to the... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Quick question my friend is doing 50 years to life he was sentenced at 18 reading court doc .a chance of appeal .

After reading court documents it looks like they just went on one witness view and that's all do you think we have a good chance of appeal if the find it was not premeditated murder and slot of other key facts he has paddock Ned for an appeal but I don't know the states at the moment

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

No one can tell you the chances of success on appeal from what little you have written about the case here. Only an experienced appeals attorney can evaluate the case after reading the entire record and researching the precedents. The testimony of a single witness, if believed by the jury is... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: EnCA Appeal court 4th dist div 1 #D057775, can court find for Appealant,then dismiss the case,re TERMINATION,Vex Litig
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

The short answer is yes. The court of appeal found it was harmless error to dismiss.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: How do i help a man wrongly imprisoned in california, get a new trial or verdict overturned
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

The best thing you can do for him is to help him find an experienced criminal appeals lawyer to evaluate his case for a possible habeas corpus petition in either state or federal court. Of course, money is going to be needed for this attorney.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: In California, assuming that petitioner's appeal of a motion for summary judgment has merit, can the respondent argue news grounds at oral argument?

The new grounds were not originally listed in the motion for summary judgment.

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Very likely, yes. This is because of a basic rule on appeal that if the trial court judge makes the right decision but for the wrong reason, the appeals court will affirm the decision. On the other hand, if the respondent never argued these new grounds in its brief to the court of appeals, then... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What are the chances of someone filling an appeal and actually getting their case appealed?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

You are apparently really asking what the chances are of success on appeal. No one can answer that with any kind of mathematical certainty. Most appeals are denied so the chances of succcess in general are small. But, in any particular case the chances may be much greater depending on the... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: If someone takes a plea 25 to life & the orig. charge don't carry 1/2 of the weight of the plea, can you appeal 9 years later?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

No, you cannot appeal 9 years later. But, if there is a basic error in sentencing, then you can file for habeas corpus in the superior court where you were sentenced. You should consult with an experienced criminal appeals attorney about this.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: How many Habeous Petitions can an inmate file?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is at present no statutory limit to the number of California state court habeas petitions an inmate can file. However, an inmate in Califoria can file only one petition in federal court for habeas corpus.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can youy be convicted of two crimes for one incident?

A 261 and 288

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

The answer depends on the specific facts of the case. Very often, especially in sex cases, the answer is yes.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Where can i find an attorney pro bono to help me do a writ a haebus corpus for my son?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

You can't. Counsel who have enough experience to do this cannot and will not do it for free. But you can get a lot of basic info from the California Habeas Handbook which was written for lay people to help them understand how to file the writ. Go to... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can you take a plea back? What are your chance of winning the appeal ?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If you file a motion to withdraw plea before sentencing, see Cal. Penal Code §1018, you can conceivably withdraw the plea if there are proper grounds. No one but an experienced criminal attorney can tell you what the chances of success of either your motion or your appeal are. You should consult... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can you appeal on gun enhancements
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If there was a legal issue related to the imposition of these sentence enhancements, then there may be a basis for an appeal. You must consult with an experienced appeals attorney to find out if there is any such issue in your case.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What are the chances of getting an conviction reversed on appeal after already serving time?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If neither you nor your lawyer filed a timely notice of appeal (in a felony case in California it must be filed 60 days after sentencing)then you lost your right to appeal. There might be facts in your case which would justify resurrecting your right to appeal, but only an experienced appeals... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can I appeal a judges decision on a probate case in fresno,ca
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

You can appeal anything you want if you file a notice of appeal on time. But the real question is: could the appeal be successful. Only an experienced appeals attorney can answer that question and I cannot urge you too strongly to consult with one about this matter.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can I appeal a judgement made by the judge if I dont agree that the petitioner met the necessary burden of proof?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Probably. Sufficiency of the evidence is always an appealable issue.

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