Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

Whether your appointed attorney should step down from your case due to their prior representation of a witness or confidential informant depends on various factors. The primary concern is the potential conflict of interest. Attorneys are bound by rules of professional conduct that require them to... View More

Not necessarily. There are ethic rules that require an attorney to withdraw in certain situations, such as if there is a conflict of interest. Some conflicts are no-brainers. For example, you can't draft a contract for one party and then be hired by the opposing party later in a breach of... View More

I generally agree with the other attorney.

Also, if you are not happy with the legal services you are currently receiving, it may be time to hire a different attorney.

Keep in mind that the court action includes a discovery process. It is possible that the attorney is waiting to... View More

Hire a professional licensed private investigator to investigate the facts and to provide competent admissible evidence to their lawyer. Private investigators are less expensive and specifically trained in providing such services and generally have fewer limitations on what they can legally do.

He should retain a criminal defense attorney. The prosecutor has to meet the burden of the charge or the charge should be dismissed. If the prosecutor believes the prosecution can meet the burden with the evidence they have, then you may need to take the case to trial to let the Court decide.

These type of adult convictions don't fall off your record. Your options are generally either a set aside or a pardon. If you have been law-abiding for a longer period of time and the conviction was a misdemeanor, you may be a good candidate to ask for the Court to "set aside" the... View More

If you engage with the person physically, you may be charged with assault. If a visitor has overstayed their welcome and refuses to leave, you can call law enforcement. Often law enforcement can convince the person to leave. If not, charges such as trespassing, distrubing the peace, etc. are... View More

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... View More

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... View More

You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make... View More

You can contact the victim/witness department of the prosecutor's office or the other party's criminal defense attorney. However, if you change your statement, you can be charged with giving false statements to law enforcement or other charges. It is ultimately up to the prosecutor, not... View More

You need to speak with your criminal defense attorney about your best options. If I have a client who states they are innocent, I prepare the case for trial and try to gather the evidence to prove the client is innocent. If the client ultimately decides to take a plea deal instead of going to... View More

Your question doesn't give any details as to you or your situation. If you believe a crime has been committed, you may need to file a police report.

A Nebraska attorney could answer best, but your question remains open for two weeks. Part of the post may have gotten left off in uploading - the question is not fully clear. There's no guarantee all posts are picked up, but you could try reposting again. Do not include personal information in... View More

You would need to talk with an attorney who practices in North Dakota if that is where the subpoena came from. At least in Nebraska, there are rules about having to compensate witnesses to appear at a hearing.

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

Maybe. Criminals try to get creative at times. If law enforcement knew the tow truck driver was in on the drugs being moved, they could be charged.

The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination... View More