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Rules of Procedure

Discussion in 'Juvenile Crime, Law & Court' started by hotnhavasu, Oct 15, 2015.

  1. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    the prosecutor identified and admitted to certain issues that were incorrectly handled in the lower court. Rules of Procedure for the Juvenile Court Rule 32 states Time Limits If the juvenile is in custody on a petition to revoke probation, an advisory hearing shall be held within twenty-four (24) hours of the initial detention it was 28 hours. What action is taken for this? Also was held in detention 53 days before adjudicated which violates due process of law. What action is taken for this error that the prosecutor admitted to? Also what can be done with this, the Judge said it was out of his jurisdiction but 19 days later denied a motion for rehab. What can be done about that. The case is in appeal and the juvenile has been in dept of juvenile corrections since March 2015 and won't be released untill 18 yrs. old on Dec. 10, 2015.
     
  2. army judge

    army judge Super Moderator

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    If the case is on appeal, if the issues you cite are problematic, it'll all be dealt with at the appellate level.
     
  3. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    Yes the case is on appeal and on Tuesday October 13th it went under advisement. Thank you for responding.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    October 13 has come and gone.

    Any results yet?
     
  5. army judge

    army judge Super Moderator

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    A judge might state that the case has been submitted and the Court will take this case under advisement and will provide a decision within 30 days (or as estimated by the court).


    In other parlance:

    Urban Dictionary: take under advisement

    To "take something under advisement"
     
  6. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    No not as of yet.
     
  7. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    Does the appellant court have 30 days to reach a decision? I didn't see any estimations by the court, it just said under advisement.
     
  8. army judge

    army judge Super Moderator

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    When a matter is taken "under advisement" the court could have a decision within 30 days, however, I've seen it take 90 days.

    "Under advisement" means the court needs time to research the matter further, review the evidence and testimony, before issuing a decision.

    In the meantime, the court performs its daily rituals.

    In essence, its hard to say, so all a concerned person can do is wait.
     
    hotnhavasu likes this.
  9. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    Thanks you guys are the best!
     
  10. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    October 29 Memorandum Decision "AFFIRMED" But rules of procedure were not put in the appeal. It wasn't until October that the prosecutor admitted to certain issues that were handled incorrectly so therefore it was not in the appeal. The appellant attorneys secretary told me "there was nothing that could be done in the lower court until the Court of Appeals made the decision. Now that we have the decision you can file any pleadings you deem appropriate given the lower court has regained jurisdiction." Easy for her to say. I don't know how or what pleading to file. And it takes her weeks to answer any of my questions. I never got an answer for the Judge saying it's out of his jurisdiction and then denies a motion 10 days later for the juvenile to go to a secure rehab facility. So now what? Constitutional rights were violated correct?
     
  11. army judge

    army judge Super Moderator

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    Minors have no rights.
    Minors are considered to be legally insignificant, or incompetent.
    If you have any dissatisfaction with any appellate court verdict, you continue to appeal.
    Unless you're a billionaire, it's time to let it go.
    The law isn't all that concerned with the feelings of the average.
    As with most things, they're intended to take care of the powerful and wealthy.
    As I suggested months ago, forget it, or be prepared to shell out serious coin (which will not change much, if anything) to assuage your feelings of loss.

    You don't as a matter of the law appeal civil or criminal rules of procedure.
    It's up to the trial judge to ensure such matters are followed, and to opposing counsel to assert any breaches of same at trial.

    Which is why the appellate decision failed to mention same.

    You can contact the ACLU or another charitable legal watchdog to see if anyone has any further interest in the matter.
     
  12. hotnhavasu

    hotnhavasu Law Topic Starter New Member

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    I am a fighter but I know when it's time. It's such a shame we don't have rights and nobody fights. They don't serve us, we serve them. You can't fight city hall so to speak. Our system is so corrupt. They're all in cahoots. My next life I am going to be a cop, lawyer, judge, firefighter, probation officer, prosecutor or bailsman. Then no worries for you or your family. If you can't beat them join them.
    Thank you so much for your time.
     

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