Category: Criminal Procedure


Can I do a mistrial, or can I prove that an answer I was baited to make does not constitute wether there was truly self defense

Can I do a mistrial, or can I prove that an answer I was baited to make does not constitute wether there was truly self defense I went to jury trial on the 21st. For bicycling under the influence. My witness played down the sucker punch he threw me as somehow playful and us being  … Read more

Should I ask for a change of venue that’s a conflict of interest or file a motion to quash or a motion to dismiss lack of evidence

Should I ask for a change of venue that’s a conflict of interest or file a motion to quash or a motion to dismiss lack of evidence My son was locked up for attempt to cause bodily harm with a deadly weapon which was a conflict o probation with his probation officer investigator of the  … Read more

Can that officer question him about this without me present?

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  •   Criminal Procedure
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Can that officer question him about this without me present? My 17 year old son was questioned about a fire cracker incident by a county cop without a parent. Traffic Lawyer Richard Simon’s Answer Yes an officer may question your son without your present, if asked for you and denied that might help later, if  … Read more

What is needed to file a petition for judicial review?

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  •   Criminal Procedure
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What is needed to file a petition for judicial review? I am drafting up a petition for judicial review for an administrative decision the child support agency made. On the petition should I go into detail about why I am requesting a judicial review or should I keep it brief? Will I need to have  … Read more

What do I do?

What do I do? I just got a MIP for walking down a college sidewalk with a sip left in my bottle that they searched my book bag for without consent. They didnt read me any rights. They just gave me a ticket without breathalyzer and sent me on my way. That’s it. What do  … Read more