Do appeals work? How long does a criminal appeal take? What is the difference between an appeal and Post Conviction Relief?
By Valerie C -10-14 03:51:28
AFM: An appeal is like saying- “hey, something went wrong at my trial and I should get a new trial as a result.” Post conviction relief is “hey, there is evidence that I didn’t know about, that would have helped me at trial, and I deserve a new trial.”
Appeals can work, but judges have a lot of descretion so if your only complaint is a judicial ruling your chances are slim. Appeal could take 10 months to a year depending on where you live.
Hope this helps!
If a waitress is caught steeling- is then a Federal Crime? If a waitress is caught steeling-is then a Federal Crime? And if the boss fires the employee without 100% proof-are there labor issues?
By Apostoli S -03-09 03:57:53
Smita: if the boss/employer is accusing the employee without proof all the employee can really do is file for unemployment benefits (if eligible). most states are “employment at will,” meaning you can quit or be fired without cause.
if the employer is 100% sure and has proof the employee stole then he can bring charges against her. if you’re talking about $75,000 or more then federal charges can be brought, but somehow i doubt you’re referring to that much money.
the worst that could happen if employer pressed charges is the waitress will pay fine and restitution or serve minor time. if it’s a first time offense then she’s likely to get off easy.
depending on what state you’re in will determine fines and/or jail time.
Don: Answer to both questions is “No”.
scott: No…it would be a state crime. Depending on the state, and the amount and/or material stolen, it could be classified as a misdemeanor or felony. Only in very rare cases, such as embezzlement or money laundering (which I am assuming isn’t the case with the waitress), would the Feds get involved. As far as labor issues, you can terminate employment of nearly anyone for whatever (legal) reason and there really isn’t anything they can do about it. Unemployment benefits may or may not be extended to the employee depending upon the state’s individual unemployment policy.
E Honda: I assume you are talking about the waitress looting the till or snatching tips at the restaurant she works at, which is not a Federal crime. If she attempted to rob a Federal Reserve and was arrested, but happened to be a waitress, that is a federal crime and the employer would not have to wait for a guilty conviction to terminate her employment.
As far as labor issues go, yes. There is no reason to fire someone without proof. Now if money was missing, but he wasn’t sure if it was intentionally taken or lost; firing her for failure to control her cash drawer would be harsh, but legal and acceptable. If he fired her just because he suspected her, but had no proof – one he is making a poor choice that just cost himself and employee, but two, he is legally exposing himself for wrongful termination.
How long can you go to jail for probation violation from felony non support? ok so my dad went to jail for this: Probation Violation original charge Non Support-Felony (6 Counts), cash bond $50,000. and he couldnt pay the bond and idk if hes going to jail and if he is does anyone know how long? please help
By Peace Love me -02-23 22:29:18
Susie Q: He goes for the remainder of the probation period to complete sentence.
DN4CER: Just had a guy in my county who was sentenced to 8 years.
What state would be the easiest to live in as a sex offender? As a US resident, and a friend who recently became convicted of a Sex Crime involving a computer, where can he live that would not make it any harder for him to get work, live, travel, etc. without all the restrictions most states have?
By buisiness5524 -11-23 13:29:09
Best Answer: Alaska. They don’t require you to register in person like all other states. Bit of advice before you move anywhere contact the locals that you will have to register with. They will help you stay within the rules. In some states there are restrictions to were you can live. Last thing you want to do is sign a lease or worse buy a house and find out you have to move. The last thing the guys at the registry want is an offender out of compliance. Best of luck By mat l
How has this affected police? It has meant that Indian River County prosecutors and police investigators have experienced to assimilate rapidly each new technological advance. Rapid changes in new investigative methods and the web of jurisdictional concerns have meant that criminal-defense attorneys have needed to stay current with these changes too. Sometimes these jurisdictional points of law include federal expenses. That means that you not merely need a criminal attorney who has considerable experience in Indian River County criminal courts, but you’ll also need someone who has experience defending clients in federal courtrooms.
Defending Against Internet Sex Crime Allegations in Indian River County
Considering the changes in the techniques which police now uses to make arrests, if you have been charged with a sex offense under Florida statute 847, Internet Pornography, you must know very well what this charge is and its possible implications. There are numerous aspects of this statute. In line with the complexity of the Web Sex Crime laws, only a skilled Indian River County criminal attorney who has already established success handling this type of criminal charge is able to represent you in Court.
Can my GF get a jury hearing for a probation violation? My girlfriend recently hasd a probation violation for having a gun. She had it for protections from an ex that would not leave her alone. I dont want to see her get a long prison term or anything for this. In the state of Ohio is it possible to get a jury for this case? Thanks!
By tdietel01 -01-02 16:24:48
HD: no, she’s already been convicted for an offense and violated her probation. probation is meant to give someone a second chance, she blew it. this is not a new charge.
davidsgvsela: There are no trials for a probation violation, only a probation hearing where the judge decides her fate. Jury trials are only available for new cases that she has been formally charged with. Her original charge for which she is on probation is where a trial by jury would be available. If she violated probation by violating a special condition it is up to the judge to decide whether or not she is going to see a jail. If she violated with a new charge then thats different.
Joey is arrested for illegal posession of a firearm, goes to trial, and is found guilty. The judge sentences Joey to 60 days county jail, $500 fine, 400 hours community service to be completed in 6 months, and 1 year probation. Joey doesn’t complete community service in the time alloted so he is now in violation of a condition of probation. At a probation hearing set by the P.O., Joey has no proof that he completed his community service hours. The judge gives him 7 days county jail (by now it’s completely up to the judge whether or not to be nice and give Joey more time to complete comm. svc.,tack on a jail stay, or more fines). Lets now say Joey does his comm.svc., pays fine, does his 7 days county but arrested on a new charge before his year of probation has expired. Joey is now again in violation of his probation and whatever he is sentenced to on the new charge wil be compounded with his probation violation. In this example Joey is on formal probation where he must check in with a probation officer. If Joey was on summary probation, he has no P.O. but not completing any of probation guidelines is still a violation. However If Joey is arrested on a new charge while on summary, the new charge would have to be the same or similar to the original controlling case in order for it to be a violation. Like a new gun charge.
Jan: Nope. Even if she could,I doubt any jury would sympathize with someone on probation having a gun,no matter what the reason.
The judge will make the ruling. It isn’t going to be in your GF’s favor. She violated her parole with a very serious offense. She will be spending some time in jail.
Anyone charged with theft in Okeechobee River County must understand the consequences of a conviction for this crime. Heres why:Occasionally, even if it is not the primary crime, the Prosecutor may still classify it as a misdemeanor and not as a prison. That decision will be made by a prosecutor based on a number of different factors. On the basis of the connection with that attorney and the proficiency of the analysis which the criminal defense attorney performs, the State Attorney may drop the case entirely.
A Police Report and a Theft That Follows You
A lot more than could another form of criminal offense, a criminal conviction for theft has serious consequences on the grade of your lifetime. Despite you’ve paid your debt to society, a theft conviction will follow you.
Selecting an Attorney in Okeechobee River County
It’s extremely important to retain an attorney when you have been accused of a theft crime. A bit of research which seems conclusive may be questioned by an experienced attorney. By discussing the facts of one’s case with you, your lawyer may start to examine the evidence against you. Do you understand how police received its data against you? Do know what that data is? These are some of the areas which your Indian River County lawyer will consult with Thus, if you want a legal attorney in Fort Pierce, Port St. Lucie, Vero Beach, Stuart, or Okeechobee that you can speak to, who understands what you want, who is thinking about you and your circumstances, and who fights to get you results, locate a Criminal Defense Lawyer in St Lucie, Indian River, Martin, Okeechobee.
NOTICE: This website should not be used as an alternative for obtaining legal counsel from a lawyer licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or issue. The views and comments expressed on this website are of the individual author and are not legal advice.