If one can post bail while a felony is pending, can that save person post bail while an appeal is pending? The answer is somewhat more complex than one may think, but there are answers. Click on the following link to read answers.
What is restitution? What is allowed? Does it matter what kind of case it is? What is the burden of proof for the victim to meet for a judge to award anything? Is comparative fault allowed as a defense? Can an attorney be awarded attorney fees for representing the victim in a restitution hearing? For answers to all of these questions, click on the following link.
Many of our clients have some type of medical issue that the client believes exempts him or her from serving time in custody. The Department of Corrections, however, has many excellent hospitals and outstanding medical care at most jails, even for mental health issues. Nonetheless, the person in custody must receive the needed medical care. To read about this issue, click on the following link.
It is a big concern by many that a jury will consider the merits of a pending charge as more likely if the jury knows defendant has a prior conviction, especially if for the same offense (and especially if the same victim). Can the prosecutor introduce such a record? If so, when? If not, why not? To read about preventing such potentially unfair prejudice, click on the following link.
Do you believe the police arrested you by mistake? Do you think someone else committed the crime, but the victim compounded the problem by describing you as the suspect, or that the police arrested you when you did not match the description of the suspect on the 911 call? A line-up may resolve this issue, but it can also make matters worse, too. Click on the following link to read more about doing a motion for a lineup.
When someone wishes to represent oneself in place of a public defender or a private attorney (a Faretta request), judges must be sensitive to many issues, especially when one is facing multiple years or even decades in prison. It is a complicated ruling that often involves analysis of not only if one can represent oneself, but also whether the defendant is competent to stand trial. When one is granted the right to represent oneself, but there are doubts to whether the person is competent to stand trial (especially if insanity is a defense), the defendant enters a purgatory-like gray area. To read about this situation in the context of a read case, click on the following link.
Do you think a warrant was improperly signed? Do you think it was based on lies or some type of fraud? If so, you may have grounds to quash the warrant and then suppress (exclude) the evidence found as “fruit of a poisonous tree” because it was gained as a result of an unlawful or illegal search, in violation of the Fourth Amendment. To read more about this motion, which involves a judge evaluating (“traverse the warrants” ) the affidavit submitted to a judge in request of the warrant, click on the following link –