Brian K. McHugh's answer Each case is independent of the other in terms of outcome. A plea of guilty by person who took a plea deal does not preclude a jury in a related case from finding the defendant guilty of the offense(s) charged in the related case. In other words, just because one person pled to manslaughter does not prevent a jury in the other case from deciding, based on the evidence in the case, that a murder was committed.
Mr. H. Michael Steinberg's answer The answer is "it depends." If there is a no contact order that order does NOT bind the victim from trying to contact the Defendant. This is a dangerous situation - if the person on the deferred judgement receives the contact and then responds to it - THEY would bein violation of the no contact order and therefore in violation of the deferred judgement. The rule is this - never - ever - ever - have contact with a the victim if there is a no contact order that is a condition of sentence. It...
Tristan Kenyon Schultz's answer No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic offenses, they cannot be sealed in Colorado.
Stephen J. Plog's answer Presuming I am understanding your question correctly, it looks like your attorney withdrew from your case in April? Appeals and motions can be filed whether you have an attorney or not. All the filing deadlines also apply whether you have an attorney or not.
Tristan Kenyon Schultz's answer It is probably best to talk to an attorney before you proceed. The attorney might be able to expedite the appeal process too. If the judge did not award back rent it is probably because either it was not requested or the judge denied the request. If the judge denied the request, you will need to appeal this aspect of the determination (a hard claim). If the request was not made you may be able to amend the determination (unless a final order was granted). In the alternative you can pursue an...
Tristan Kenyon Schultz's answer You can always tell her no, the issue is whether you can enforce the no via the police or courts. The following and frequent entry into the apartment is very likely overstepping. If you can document this, it might be helpful for the eviction.
Tristan Kenyon Schultz's answer Generally yes, the landlord has a right to inspect the apartment for litigation and likely under general inspection rules under the lease. It is recommend that you heavily document the apartment before the landlord inspection and after the inspection. A combination of movies and still images is recommended. Focus on the general appearance of the apartment and common areas where landlords tend to find fault (walls, floors, windows, appliances, etc.). Also focus on any specific area(s) of...
Tristan Kenyon Schultz's answer There is a remote possibility that you can file a federal lawsuit for the violation of a constitutional right. Assuming the termination hearing was conducted properly and there is nothing novel about your case, the likelihood of the surviving summary judgment (rejection before the full trial) is very low. You can contact an attorney who handles federal cases, but be warned the chances of the attorney taking the case are low. Also the costs should be about double that of a state claim.
Tristan Kenyon Schultz's answer If you mean that your lawyer withdrew from your case, then you are appealing as a pro se (without representation) party. If you mean that the entire appeal was withdrawn, then you are not appealing your current conviction.
Tristan Kenyon Schultz's answer Contact the lawyer's office to see if an alternative counsel was designated. If not, request your file from the office. As a general rule you should receive a refund for any unused portion of retainer amount (excluding any costs/fees for services already rendered). There are procedures in place to protect clients in your situation, but you must stay proactive and make sure that you either find a replacement lawyer or have your file. You can also contact the court where your case is being heard....
Tristan Kenyon Schultz's answer Talk to a lawyer about your options. You can ask the judge to suspend the sentence until your appeal is decided, but it is judicial discretion on whether to suspend your sentence. Also, be aware that there is a very short period of time to appeal a conviction; the notice of appeal can be as little as 10 days after final conviction.
Robert Jason De Groot's answer That depends upon all of the facts and circumstances. Was the right to appeal reserved basically as a result of a motion to suppress being denied? Was there a collateral matter that can be appealed? You need to speak with your attorney about this. In order to appeal, there must be an appealable issue.
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