How long does does a judge have to rule on a motion to dismiss?
Some states have a 90 day rule but there is really no set time for a judge to make a decision. If he needs more time it usually means that the case is a very close call and the last thing you want to do is to try to hurry the judge up and anger him.Sometimes judges can take a year or more to render a ruling. Usually if there is a 90 day law all the judge has to do is call the parties into court again, advise them he needs more time and the 90 day clock starts over again.Most judges are significantly overloaded in their work and could be handling hundreds of cases at the same time. The more involved they are the longer a ruling will take.
Can the Supreme Court of the United States overturn a presidential pardon?
That depends entirely upon the nature of the Pardon. Under Article II of the Constitution, the President’s power to grant “Reprieves and Pardons for offenses against the United States, except in cases of Impeachment,” is really only limited by two criteria - the Pardon must be “for offenses against the United States”, and may not apply “in cases of impeachment.” So long as these two criteria are met, the President’s power to grant a pardon is pretty much unlimited. Even if one proved, for example (and just as a hypothetical) that a pardon was granted as part of a corrupt deal, like, say, a convicted multi-millionaire Tax evader on the lam in Europe (we’ll call him Marc Rich) provided millions in personal benefits to a sitting President (we’ll call him Bill Clinton) in exchange for a full pardon, so that Mr. Rich could return to the U.S. without going to prison, the pardon still could not be questioned or revoked. However, if, theoretically, a President tried to grant a pardon for an impeachment offense - like when Alcee Hastings was impeached as a Federal District Judge and removed from office for judicial corruption - that would be beyond the President’s power to pardon. He could, however, pardon Hastings for any Federal criminal charges which were brought separate and apart from the impeachment proceedings.
I have a warrant for my arrest in Texas. I don't plan on ever going back to Texas. Can they still get me in California?
Texas would have to want you for something way more serious than an unpaid traffic fine to extradite you from California. Extraditions are expensive. It's salary, plane fare, ground transportation, hotel, and meals for two cops both ways and one prisoner for the trip back. There is no sense to doing that to get a fine of a few hundred bucks, at most. This doesn't mean that you are free and clear so long as you stay out of Texas. If you try and obtain a drivers license in California or most other states, they will probably check for suspensions in other states, and a traffic warrant usually also suspends your license. A background check for a new job could reveal the warrant. Some local courts report unpaid fines to credit agencies, damaging your credit report. There are all sorts of loose ends associated with arrest warrants, and one of them is likely to trip you up. Arrest warrants are valid until served or recalled. Some courts put an expiration date on warrants, but just as many do not. I once served an arrest warrant that had been sitting in file over ten years. It stemmed from a citation issued by an animal control officer for allowing a dog to run free, without a leash. Arrest warrants are court orders to any peace officer with jurisdiction and capability to serve the warrant. If the officer was to refuse to serve the warrant, he could be held in contempt of court. While it may be personally satisfying to flip the figurative bird at the Texas court that imposed the fine or the police agency that gave you the ticket, the arm of the law is long, and has a way of reaching out and touching you sooner or later.
What happens when you get a bench warrant?
used from: What to Do When Facing a Bench WarrantA bench warrant is an arrest warrant that is ordered by a judge against the defendant in a criminal case or a similar proceeding such as for a traffic ticket. A bench warrant is typically issued in the case of a failure to appear for trial, sometimes abbreviated “FTA.” The “bench” is the traditional term for the judge's seat.In serious criminal cases, a failure to appear will most likely lead to a “regular” arrest warrant, which would spur immediate attempts to find and jail the defendant. A bench warrant, on the other hand, usually does not mean the police will be at your door the next morning. But, your name will go into a statewide computer system that serves the entire law enforcement community. Once your name is in the database, if you have to deal with the police for any reason – even resulting from an incident that was not your fault, such as someone hitting your car from behind – you will be taken into custody for the outstanding bench warrant.Once you are taken into custody, you will have to post bail before you can be released. Typically, bail on a bench warrant for failure to appear will be enough to cover the fines and court costs for both the original offense and the FTA. Then, you'll get a new court date.If you know that there is a bench warrant out for your arrest, you can usually call either the clerk of the court or the local police department and arrange to come in and pay the bail so that the warrant will be recalled. You should find out, when you call, what kinds of payments they will accept, since a paper check is almost always not good enough, and not all localities are able to take credit cards.If you had posted bail before the missed court date, that money has almost certainly been forfeited at this point. If you had a very good reason why you weren't at the court on time and didn't call, you might be able to persuade the judge into letting you get that bail back, or at least having it credited against your fines and costs. Naturally, having an experienced criminal lawyer arguing on your behalf during this process will show the judge not only that you take the charges against you seriously, but also that you are genuinely contrite about your failure to appear.
Do bench warrants expire?
Do a warrants check at checkingrecords.com Have a look at what companies, folks you know, and pretty much any person can easily research concerning you. Research reports consist of general public, court docket, criminal arrest, offender, critical, and various other reports.Do bench warrants expire? Deal with the warrant as soon as possible. Regardless of the charge, the best thing you can do for yourself is to respond quickly. Being proactive about your warrant helps you avoid being arrested publicly and at inopportune times. Moreover, it limits any accruing fees.Contact an attorney. In the event that a warrant has been issued for a major offense, you will most likely want to contact a criminal defense lawyer. An attorney can help you understand your warrant and will make suggestions as to possible next steps. In addition, an attorney can accompany you to the local court to inquire about your warrant. Bring the warrant number and all relevant information you have so far.Find an attorney that specializes in your type of case (you should know the case type from the warrant informationAvoid picking the first name you see in the phonebook or any other advertisement. Instead, get a referral from someone who's been in a similar situation, or someone knows a good attorney.You can also find attorneys by looking at your state bar association website. (A directory of state bar associations can be found atMeet with the attorney first to make sure that they're someone you're comfortable with and can trust.If you're unable to pay for a lawyer, contact the public defender's office of the county where your warrant was issued. Ask to speak with the duty attorney and explain you'd like to clear your warrant.
What happens when a warrant for failure to appear expires?
Warrants for arrest for failing to appear in court do not "expire." Usually, the only method for removing them is to appear physically before the issuing judge. The judge disposes of the warrant in a manner the judge seems appropriate.Sometimes, the underlying case is dismissed. This does not lift the warrant. The defendant will generally still have to present themselves to the issuing judge. Then, the judge may lift the warrant and resolve the matter or the judge might possibly place the defendant into custody for violating the court's order to appear on the missed date. It's up to the issuing judge.Since every warrant will appear on someone's RAP sheet and because a history of inexcusable warrants can affect the amount of bail that may be set in a later case, if good cause exists in failing to appear, sometimes a defendant's attorney will state those facts and request that the warrant be expunged; removed from the defendant's record. That would be up to the judge to grant the request. Also, warrants are generally placed into the issuing State's database and into the NCIC (National Crime Information Center) database so that a warrant in one State may be discovered by law enforcement in another State. (NCIC is a federal system so federal law enforcement would be able to look up a warrant as well). However, there is a hierarchy in the warrant system; some warrants are given higher priority. Some are given lower priority. Some warrants will notify other states whether the issuing jurisdiction will extradite the defendant. (The extraditing State has to bear the costs and use its own personnel, so depending upon the nature of the underlying offense and other factors, if a defendant is arrested in another State, the warrant may indicate "Will Extradite." But the issuing State is generally notified and may be given the opportunity to decide extradition). The circumstances under which a person with a warrant for failing to appear is later entangled with law enforcement may affect how the warrant is handled at that time. Some factors among others are: the nature of the underlying offense; the criminal history of the defendant; whether or not there has been a pattern of failing to appear on other occasions, in the present or in other court matters. There are too many factors to list in this kind of forum.
Can a president be arrested without being impeached and convicted first?
No, the President is the commander in chief of the armed forces and federal law enforcement services, and is under their protection at all times, including the secret service. His orders cannot be countermanded by Congress or the Courts, and thus he can literally order them not to arrest him, can demand his own release, and can order that state law enforcement be physically prevented or even arrested.We do not allow coups by the court against a sitting president, it would violate separation of powers for the president to be under the jurisdiction of the courts. The check we provide against an abusive presidency would be impeachment and removal by Congress, but no one else has any authority over him, at least not until his term is expired. Some people will try to point to a tiny number of pre-modern examples, like President Grant being momentarily detained by police for riding his horse too fast in DC, but these were transient instances that were over as fast as they started, we still don’t know if they were even legal as they were released immediately without impairment or charges, the secret service wasn’t present, and the Presidents casually allowed such interventions as it didn’t burden them.Arresting a hostile president, putting him in jail and on trial, while he is under the protection of the secret service? I would say that it is impossible, could cause a Constitutional crisis, and would more likely result in the police officers arrested by federal agents.
How can I represent myself in court?
Alright this one I'm gonna try and be very nice but stern alright?DO NOT. I repeat DO NOT represent yourself.if you are asking this question it means you are likely not clear on court law meaning you will be bashed down by the prosecutor and judge the entire time.Neither will you appropriately know what a proper plea bargain is. Ask too much you won't get anything accept too little and you screw yourself. And that's even if the judge will allow a plea baragain (they don't have to let a plea bargain happen) and the prosecutor does NOT have to even offer or listen to any plea bargains.You would have to research every case similar to yours within that courts jurisdiction and find any cases that end favorably and find connections, and any that ended unfavorably you need to find how it was an escalation from yours.There is protocol and general courtesies that need to be followed.A jury will not believe your innocence just because you are representing yourself. Neither will a judge. You will likely say something innocent and kind hearted that will offend a judge or a Jury member and while it is supposed to be an emotionless factual decision, humans are human, and will Make emotional decisions. You are likely to offend or disrespect someone somehow.you may just lose your case from lack of experience.Thats not even touching on the fact that if you choose to represent yourself you literally lose the ability to file for a mistrial.A pro is you will get to think about the money you saved by not paying for an attorney, while sitting in jail or paying for the even larger fine.Simple fact is a good attorney gets more clients it is in a private attorneys best interest for you to win your case. He went to univiersity and studied law. His best interest coincides with your best interest. I'm not saying you two will become life long friends by any measure. And you don't even have to trust the Person. But you can trust the fact that winning bodes well for both of you.