I received a call from a woman who says that his co-defendant confessed to the murder the day after it happened and now has been in contact with him and he wants to come forward. How should we do this properly?
A motion to dismiss concerns the pleadings (your complaint, in particular), which have to do with allegations, not evidence. Evidence, as such, would not have been introduced at this stage. So if you were to appeal the issues in the appeal would be whether the factual allegations in your...Read more »
Any murder whether intentional or not that happens during the commission of a dangerous felony falls under the felony murder rule. All people who either conspired to commit the dangerous felony and/or actively participated in it can be prosecuted for felony murder. This is irrespective of whether...Read more »
From the question, it is impossible to answer: if you received an order from an appellate court saying the appeal of the denial of your Rule 3.850 motion was untimely, the notice of appeal likely wasn't filed within 30 days of the trial court order denying your Rule 3.850 motion. If, instead,...Read more »
My husband was charged with robbery with a weapon and sentenced to 15 years to life he currently has been incarcerated for 21 years the victim recently sent a notarized statement stating my husband was not the person who committed the crime ,he stated who the real person who committed the crime was... Read more »
This is, of course, a very difficult situation to be in, and it isn't a simple process. There are many many qualified licensed Florida attorneys who handle postconviction work for inmates and their families who will be happy to give you a free consultation - there is more information needed to...Read more »
If dcf files a petition for an emergency removal and the statments they have obtained and are using as evidence in the petition can be proven untrue example, "if they say they have spoken to someone but they actually have never spoken to them" what can the parents do about the situation... Read more »
You might call up you trial level lawyer and ask what sort of issues might work on appeal. During this conversation ask about motion, evidentiary rulings and so forth. You could also go onto the clerk’s electronic docket and download copies of all interesting documents. Being so informed you...Read more »
I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer... Read more »
You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck...Read more »
You are not providing any factual information necessary to make determinations as to whether the punishment herein violates the 8th Amendment. You should seek a lawyer immediately and have this file thoroughly reviewed.
It ws a jury trial and the TX supreme court is handling the appeal. I am trying to find out if my award over 4 mill will be lowered because of the cap placed on civil suits in December. I won my case lat February and the law wasnt passed until December, but is still under appeal the appeal... Read more »
Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery... Read more »
to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money... Read more »
I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.
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