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The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More 
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answered on Oct 9, 2024
In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More
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answered on Aug 31, 2024
It sounds like you’re dealing with a complex legal situation involving past incarcerations and possibly a banishment order, which you might not fully recall. If you were expedited or banned, there could be documentation that explains these actions, possibly linked to specific legal proceedings or... View More
at trial on armed robbery, kidnapping, home invasion charges, but found guilty on criminal intent to commit a felony. He's been locked up for 58 months and just recently offered time to serve for a guilty plea on appeal for the criminal intent charge, which he declined because the state... View More
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answered on Aug 31, 2024
In your situation, it's crucial to seek an experienced civil attorney who can help you navigate the complexities of a malicious prosecution case. The fact that the state admitted to wrongdoing is significant and could play a pivotal role in your case. It's important to act quickly, as... View More
File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More
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answered on Aug 15, 2024
When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More
My brother was denied appeal last month we I want to know can he put in for a sentence reduction
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answered on Nov 12, 2023
Yes, after the denial of an appeal, it is still possible to file a motion to modify a sentence, though the specifics can vary depending on the jurisdiction and the particulars of the case. This motion asks the court to reconsider the length or terms of the original sentence.
It's... View More
i was told by the court appointed attorney that all i would have to do is consent to a psychological and couples counseling, the court would oversee the progress, my daughter would remain with us, case closed with completion. fast forward to the hearing: girlfriend and myself appeared via zoom to... View More
answered on Oct 30, 2023
You should get an attorney who represents parents in juvenile cases to represent you. I fear you're going to have a very hard time getting your child back representing yourself.
Customer won civil trial in his statement of claim the 3 issues he filed suit for I have direct proof they are lies in the form of his own texts messages to me before suit was filed. Purgury is lying under oath. I did not pay court ordered money. On 9/10/23 deputy sherrifs came to my house... View More
answered on Sep 10, 2023
If the customer won the civil trial, you are now precluded from contesting that judgment other than by means of an appeal. Presumably the text messages providing direct proof of the lies were offered into evidence by your attorney at that trial. If not, why not? They’re not newly discovered... View More
His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?
answered on Aug 13, 2023
Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More
My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps... View More
answered on Jul 26, 2023
I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.
And can I raise this in a second habeas corpus
answered on Jun 16, 2023
There is no "conflict of interest" when a trial attorney handles the appeal.
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answered on May 21, 2023
Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.
answered on Mar 21, 2023
The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:
https://scholar.google.com/scholar?hl=en&as_sdt=4,11
answered on Jan 15, 2023
You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.
answered on Nov 7, 2022
I assume it is an exhibit / affidavit for a motion to dismiss the appeal.
I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?
answered on Oct 16, 2022
I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...
answered on Sep 30, 2022
In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... View More
Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... View More
answered on Aug 18, 2022
If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... View More
The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?
answered on Jul 26, 2022
You should be able to view the entire record, including materials from the other side.
answered on Apr 12, 2022
Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... View More
How long does this process take the district court to do this? Is the psr always redone
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answered on Mar 10, 2022
It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.
- Law Office of Joseph Abrams, Anaheim, CA
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