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  1. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    again, had the attorney done his job correctly I wouldn't be here. lets stop with the back and forth and get back to the original question, please.
  2. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    a time saving tactic that has no relevance to the question I'm asking.
  3. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    when I say we I am referring to his lawyer. again, trying to save time typing.
  4. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    ive I've seen all the complaints. I'm looking at them. the theft was of two non working jetskis and they were on one jetski trailer. they actually have 4 charges listed. the first count combines all three into one charge, the 2ns count has one jetski listed, 3rd count is the other jetski...
  5. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    he asked me to help. he has a hard time communicating as he has ptsd from cya. he doesn't know how to explain things, and I do research and reports for a living so I can present things in a tidy little package that the lawyer can understand, see paper trails, evidence, etc. so please, can we...
  6. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    brother/brother in law - who cares if I chose to shorten to save myself time. point was clear that it wasn't me. I would use him name as it is shorter than both those options, but it would violate the rules. I type this on my phone. I don't want to type brother-in-law over and over nor does it...
  7. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    his lawyer was informed of this but said we were mistaken. I found the proof to show we were very correct.
  8. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    why when he turned 18? he was still in cya at the time. according to his cya reports it appeared to be common knowledge the victim was 16 at the time of event. Why would he think the charge would reflect anything else? he has an attorney btw, I'm presenting this to him on the 6th.
  9. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    what does PxHx mean? Patient history? I figured it out when I was going over his current case. the reason for enhancements was listed as "under 14, etc." Since we all know the victim was the same age as brother in law since we all went to the same school we pulled the old case records from...
  10. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    doesn't the statute of limitations start when discovered? If no one noticed the error until recently then it shouldn't matter when it happened.
  11. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    you give Attorneys FAR too much credit. his 1995 attorney didn't catch the erroneous charge despite the victims age being discussed over and over. And the attorney in his current case didn't believe him since his records show he was guilty of the erroneous charge. now, why can't we sue the...
  12. M

    Criminal Records, Expungement false charge listed - not the usual circumstance

    My brother-in-law was accused of raping his then-girlfriend (same age) in 1995. they were both 16 years old. he was found guilty by adjudication and was sentenced to 6 years in CYA. Fast forward to today, he received stolen property and due to his past they want to get him for 25 years (3...
  13. M

    Tainted lineup

    You are very close minded. Any woman can lie. He's not a rapist .
  14. M

    Tainted lineup

    I explained myself to be polite, but this is a question and answer forum and I had questions. In theory you could always answer with "call a lawyer" or "butt out". But that doesn't make for a good question/answer forum, now does it? All I want is a discussion around the questions I asked. What I...
  15. M

    Tainted lineup

    Why is that a legitimate question? My involvement shouldnt affect the answer. And with all due respect, its none of your business. That being said- its my brothers case. Its state court but california has a similar rule for transferring venue. My brother is a sex offender and I think its causing...
  16. M

    Tainted lineup

    Rule 21 - i thought is was a federal thing. Federal Rule of criminal procedure 21(a). Not many change of venues are usually granted. And when they are it is because there was so much media attention that they would be hard-pressed to find impartial jurors due to that coverage. I was thinking...
  17. M

    Jeuvenile rape conviction done properly??

    Makes sense. So expungement is a stretch. What about registering for life or removing it as a strike? Is there any leniency if the crime was committed when the offender was a juvenile?
  18. M

    Jeuvenile rape conviction done properly??

    Yeah, but its my brother. He is institutionalized and doesn't know how to deal with the issues in his life. Heck, I have a college degree and barely know how to handle the cards he was dealt, so I don't expect too much from him. Still, he's family so I want to point him in the right direction...
  19. M

    Tainted lineup

    I know its a stretch, but a good lawyer might be able to pull this off...Could you implement a successful Rule 21 motion based on pre-trial bias? Lets say its a very small community, investigators and prosecutors have a bias against defendant that is easily provable. Could you change the courts...
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