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I withdrew my guilty plea and prepared to walk out of court, the public defender and prosecution team came to me and told me the judge would suspend time from my sentence which the public defender previously stated, but when I finished the plea the judge didn't suspend time, am I entitled to... View More
answered on Apr 2, 2022
This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... View More
I plead guilty but had a change of heart and withdrew the plea, I was about to walk out of court and the prosecution team and public defender came to me saying the judge would suspend time, but when I went back to plea he gave the maximum time offered from prosecution.
answered on Apr 2, 2022
This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... View More
Judge instructed prosecution to use my plea against me if I wished to go to trial shortly after I withdrew the plea. As I was about to walk out of court, my public defender and the prosecution team told me I should go forward with the plea, and the judge would suspend time off my sentence when... View More
answered on Apr 2, 2022
This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... View More
Will informant and Case be inadmissible?
answered on Mar 19, 2022
It does not necessarily mean that the use of the informant or anything from the informant would be considered inadmissible; however, it does open the door for certain arguments to be made, especially to undermine the informant's credibility.
answered on Mar 13, 2022
No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... View More
PEOPLE vs. HORTON
Crim. No. 747. Court of Appeals of California, Fifth Appellate District. January 29, 1971.]
THE PEOPLE, Plaintiff and Respondent, v. KENNETH DON HORTON, Defendant and Appellant.
Nonetheless, the RIGHT of the citizen to drive on a public street with freedom... View More
answered on Dec 30, 2021
What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part... View More
answered on Jul 21, 2021
Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.
I have a lock on the door I was asleep with the door shut. They came in I was naked they uncovered me twice knowing I had no weapons and no clothes on
answered on Jul 5, 2021
Provided that the warrant was a valid warrant, then law enforcement would be able to search that room with very little exception. That being said, the warrant validity could be challenged, especially if they presented false or misleading information to secure the warrant.
And the guy who gave it to me for protection apparently never used his real name with me so I cannot be much help with catching him what kind of time am I most likely facing? Or what can I do to help my case?
answered on Sep 14, 2019
The biggest thing you need to do is get with a lawyer ASAP. There are lots of details that go into mounting a defense in situations like this. I can imagine that you were either arrested or indicted as being in possession of stolen property or of a stolen firearm; however, there are many defenses... View More
& file it with the court?
answered on Aug 24, 2019
This is something you must consult with a Mississippi attorney about, but your question remains open for three weeks. As a general matter, if someone deliberately includes false information in court documents, knowing it to be false and knowing the court will rely on it, that could be a form of... View More
She just needs to hear my voice and speak with me. It will help her so much and she'll be better. They will not let me contact her anyway. What options do I have to speak with her? I am desperate
answered on May 6, 2019
Your only option, aside from visiting her during a set visitation day, would be to contact the jail about putting money on her books so that she can use the phone.
answered on Nov 21, 2018
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Newton county was informed from Me who the alleged shooter was as well as the shooters orchestrator I after being dismissed from hospital went to local headquarters gave my statement both parties had been charged but still my case haven't been heard in front of grand jury and it's now... View More
answered on Aug 24, 2018
Sadly, no. When it comes to pursuing a case, it is within the prosecutor's discretion as to when the case is presented to the grand jury. In other words, there really is no way to force the local law enforcement or DA into speeding things up.
(Please change to Mississippi Chancery..Sorry. The mix-up is a long story.)
Thank you.
answered on Aug 10, 2018
You need to ask a Mississippi Attorney. There are no chancery courts in Alabama
answered on Apr 28, 2018
The answer depends on different things, such as whether you were already out on a bond when you were arrested for the current charge, etc. With prolonged detention, and depending on the facts, you may have grounds to allege a speedy trial violation, particularly where the time that you’ve spent... View More
answered on Apr 23, 2018
Likely not. Generally speaking, any person who is convicted of a violent crime, of which manslaughter is one, is ineligible for parole, probation, or any type of early release.
It's a test question I will have in the future an I just need good wording to differentiate the two
answered on Jan 24, 2017
You want a criminal lawyer to help you if you are looking at criminal charges. With that said, the latter statute deals with sexual battery of vulnerable adult by health care employees or persons in position of trust or authority and does not appear to have an age limitation unlike 97-3-95 for... View More
answered on Oct 19, 2015
Do an internet search about this. You might find some cases.
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