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re: Question for OT lawyers regarding speedy trial
Posted on 4/16/14 at 5:32 pm to BlackleafBaller
Posted on 4/16/14 at 5:32 pm to BlackleafBaller
quote:
Don't listen to him, he can't even spell.
The frick are you talking about?
0
Posted on 4/16/14 at 5:35 pm to Pennymoney
quote:
No lawyer should issue you advice on this matter over an internet forum.
Why not?
Didn't we talk about how we were waiting for a case to come out of a TD thread like accusing a law student of practicing without a license or accusing a lawyer of giving advice without maintaining confidence or something?Posted on 4/16/14 at 5:53 pm to LoveThatMoney
quote:
Didn't we talk about how we were waiting for a case to come out of a TD thread like accusing a law student of practicing without a license or accusing a lawyer of giving advice without maintaining confidence or something?
There's no breach of confidence issue. A lawyer can hand out all the free legal advice he wants. Worse case he gets sued. A risk he chooses to take.
But this question is silly and innocuous as it gets. Even if he gives the wrong answer to how long they have to institute prosecution, what possible difference will it make? There's nothing the OP can do about it or in response to it that will matter so no harm= no foul.
So in part you're right. Never take legal advice off the internet cause you don;t know who you;re talking to is really a lawyer (let alone one qualified to answer your question) , but if he or she is a lawyer, they are free to respond as they please.
Posted on 4/16/14 at 6:07 pm to KBeezy
quote:
I should be able to just go get my property back right and assume they aren't going to/can't pursue this any further?
Hope it wasn't the SP101.
In any event, I'd be inclined to let sleeping dogs lie for now regarding the criminal case.
Posted on 4/16/14 at 6:16 pm to KBeezy
quote:
I put the question to an attorney friend of mine this morning and she is asking one of her friends who does criminal defense
pics or GTFO
Posted on 4/16/14 at 6:36 pm to Pennymoney
quote:
Why not?
Don't you practice? The reasons are pretty obvious.
Posted on 4/16/14 at 7:25 pm to Pennymoney
quote:
but if he or she is a lawyer, they are free to respond as they please.
Chuck Plattsmeir? That you?
Posted on 4/16/14 at 7:51 pm to KBeezy
1. See an attorney.
2. Failure of the DA to file within 90 days means you don't have an obligation to post bond if the DA can't provide a good reason why. Nothing more than that. But you need to file a motion demanding the DA provide a reason (he will, btw) and it doesn't mean you can't be pursued further. See "Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown."
3. See an attorney.
4. "D.(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by" means you have to file a motion before this even comes into play. Have you filed anything yet?
5. See an attorney.
2. Failure of the DA to file within 90 days means you don't have an obligation to post bond if the DA can't provide a good reason why. Nothing more than that. But you need to file a motion demanding the DA provide a reason (he will, btw) and it doesn't mean you can't be pursued further. See "Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown."
3. See an attorney.
4. "D.(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by" means you have to file a motion before this even comes into play. Have you filed anything yet?
5. See an attorney.
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