what does resistance by county attorney mean when you file a considerationhearing

When to respond to an opposition to a motion in court?

1. You write your motion 2. You file your motion with the court clerk 3. The court clerk inserts the date and time your motion will be heard by the judge 4. You “serve” (mail) your motion to the other side 5. The other side files a written opposition to your motion with the court 6. You file a reply in support of your motion with the court 7.

What happens when a case is filed with the district attorney?

This is called “prosecutorial discretion.”. As the Kansas Court of Appeals noted in State vs. Cope, the district attorney “has sole discretion to determine whom to charge, what charges to file and pursue, and what punishment to seek.”. Basically, the district attorney has the only say regarding whether to charge a defendant or not.

What does it mean when an attorney files an appearance?

counsel does not have to file a separate entry of appearance. Rule 122 (Appointment of Counsel) requires that (1) the judge include in the appointment order the name, address, and phone number of appointed counsel, and (2) the order be served on the defendant, appointed counsel, the previous attorney of record, if any, and the attorney for

What is a complaint in a criminal case?

Mar 16, 2015 · This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges. During a pre-filing investigation, a police officer investigates a crime and does not make a physical arrest. If you are being investigated for a crime and have not been arrested, this ...

What is the difference between a motion to reopen and a motion to reconsider?

A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.

How do you do a motion for reconsideration?

Write your motion for reconsideration.Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask.From there on out, use the rule itself as a general outline for your motion.More items...•Dec 7, 2020

How do you write a reconsideration letter to a judge?

Include only important details and make every sentence count. Begin the body of the letter by stating more details about the case it involves. State the decision you are asking him to reconsider and explain the reasons why. Offer several reasons you believe the decision should be reconsidered.Dec 19, 2018

What is a reconsideration?

Reconsideration is an administrative process where another person from the same agency will review the claim. This is a rather redundant process, and most reconsideration cases are also denied before being sent to the hearing level.

What are the grounds for reconsideration?

Under our rules of procedure, a party adversely affected by a decision of a trial court may move for reconsideration thereof on the following grounds: (a) the damages awarded are excessive; (b) the evidence is insufficient to justify the decision; or (c) the decision is contrary to law.Feb 14, 2007

Who files a motion for reconsideration?

- A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.

Can a person write a letter to a judge?

How can I speak to the judge on my case? To speak to the judge on your case, you must file a written motion with the court. You cannot write the judge a personal letter or email, and you cannot speak to the judge unless you are in a hearing.Dec 4, 2020

How do you write a letter to a judge for a family member?

Character letters should include your name, mailing address, phone number and email address so that the court can verify your information. They should be addressed either to the Honorable [FIRST NAME] [LAST NAME] or Judge [FIRST NAME] [LAST NAME].

How long does reconsideration take?

A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers).

How long does the reconsideration process take for SSDI?

between three to five monthsOn average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

How long does motion for reconsideration take?

A Motion for reconsideration shall be resolved within one (1) month from the time it is submitted for resolution. Section 6. Second motion for reconsideration. No party shall be allowed a second motion for reconsideration of a judgment or final order.

What happens if a district attorney files a complaint in Kansas?

Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

What is an arrest warrant?

An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody.

What is the role of a district attorney?

The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.

What happens when a suspect is charged?

Once charges are filed, the suspect officially “becomes” a defendant This may seem like a simply switch in wording, but it actually has very significant and real implications for the accused. Once a charge is filed, the options of eliminating the case are very few.

How can a case be ended?

Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

Who handles the prosecution of all state offenses?

The investigating police officer will turn over the fruits of the investigation to the district attorney for the proper county. The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances.

Can a district attorney issue an arrest warrant?

A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime.

What happens if a case is sent back to the appropriate law enforcement agency?

If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What does it mean when a D.A. declines to file a criminal case?

When the D.A. declines to file it means you were not charged with a crime, and of course not convicted. However the arrest still is there. It may be possible for you to have the arrest removed by asking the police agency that made the arrest to make a finding of innocence. If that fails you are allowed to ask a judge to do it. It is a good idea to have a lawyer at that stage

What does it mean if the DA is not filing charges?

If the DA is not filing charges on your DUI it means that your record does not shod a conviction for the DUI. The DA may be waiting for the lab results or for some other evidence that is being processed. They have a year in which to file. If you contact me we can discuss the facts surrounding this incident and I can give you a more complete answer.

Why did the DA write a letter?

The DA wrote that letter because after a review they did not feel they had sufficient evident to convict you of a dui. You will have no record of a conviction however you will have a record of an arrest.

Can you file charges if you have no criminal record?

Yes, not filing charges means, you have no criminal record. Nothing will show up in a records check by employers, who are only entitled to conviction records (not arrest records).

What happens if the respondent has not filed a response?

If the Respondent has not filed a response, or has affirmatively waived the right to file , and if the Court believes that the Petition may have some merit, the Court may request a response to the Petition.

What to do if your opponent files a petition for certiorari?

If your opponent files a Petition for Writ of Certiorari, the best practice is to submit a high-quality Brief in Opposition to explain why the Court should not hear the case.

What is a brief in opposition?

A Brief in Opposition gives you the opportunity to correct the Petitioner’s misstatements and demonstrate to the Court the most appropriate disposition for the Petition. A Brief in Opposition to the Petition for Writ of Certiorari may be filed by the Respondent in any case, but is not mandatory except in a capital case or when ordered by the Court.

What is the rule for counsel in a court case?

The Rule continues “Counsel are admonished that they have an obligation to the Court to point out in the brief in opposition, and not later, any perceived misstatement made in the petition.

How long does it take to file a brief in opposition?

A Brief in Opposition must be filed within 30 days after the case is placed on the docket, unless the time is extended. Supreme Court Rule 15.2 states that a “brief in opposition should be stated briefly and in plain terms ….

Does a request mean the court will grant a petition?

A request does not mean that the Court will grant the Petition. Unless a Petition is truly frivolous, the better approach is to submit a carefully prepared, high-quality Brief in Opposition that explains why the Court should not hear the case.

What does it mean when a defense attorney files an appearance?

When a defense attorney files an appearance, it means he is officially announcing that he is the lawyer for the defendant.

What is an appearance in a case?

An appearance is a document that a lawyer files and it says that he or she appears as an attorney for a person. It is how an attorney gets into a case.

What does it mean to file an appearance?

Filing an appearance means that an attorney submits an appearance form to the Court indicating that he or she will be representing an individual at Court concerning a particular matter.

Evan A. Watson

A motion for a bond is, quite simply, a motion that asks the presiding judge in the case to let the defendant out on bond, as opposed to sitting in jail until the case is disposed of. Depending on the type and severity of the charge, the bond amount maybe anywhere from a few hundred to a few hundred thousand dollars.

Joe Perkins Jr

Perhaps the attorney was going to file a motion for a bond prior to boyfriend's violation of probation sentence. After boyfriend was sentenced to 360 days for violating the conditions of his probation, he is not eligible for a bond on the sentence. Attorney may request the judge allow boyfriend released for work release during the sentence.

Wallace M. Berry Jr

Typically, if a judge or a prosecutor will not grant or consent to a bond, then a person can formally request a hearing (by filing a Bond Motion) in which an attorney can give the court good reasons as to why he/she should grant a bond to a defendant and the type and amount of bond in order to get the defendant out of jail while the case is pending..

Richard S. Jaffe

Respectfully adding to the prior answer, the reasons your prior attorney may have resigned from the case could range from a conflict of interest to facts uncovered from a continuing investigation which may have led him/her to believe that a meritorious case may not exist.

Michael Douglas Shafer

It merely means that for whatever reason, your previous attorney cannot or will no longer represent you. It does not necessarily concern the merits of your case.

Lars A. Lundeen

There can be any one of a number of reasons why your attorney felt it necessary to withdraw from your case. I suggest that you speak with him or her and find out exactly why. The attorney may also be able to refer you to other attorneys in your area who may be able to take on your representation.