Answers for your legal questions

Does a district attorney have more power over a judge in a ruling? law answers (151325)

People haved asked the following law querstions similar to "does a district attorney have more power over a judge in a ruling?". If you have other legal doubts, use the box above to get answers.

Q: 

What is required to win a legal malpractice decision

A:  The plaintiff has the burden of proving that it is more likely than not that (i.e., that it is probable that), but for the attorney's negligence, the plaintiff would have realized a more favorable outcome in the underlying case. Obviously, this sort of thing can't be proven to an absolute certaintly, but the burden in civil cases doesn't require absolute certainty (or even "beyond a reasonable doubt"). How difficult it is in any given case to meet the burden depends on the specifics of the case. You haven't given a lot of context in your case. I can't tell what the "facts and conclusions" relates to (summary judgment motion, trial, etc.). Nor did you say whether the judge...

Q: 

power of attorney

A:  "Can a power of Atterney drafted in FL, USA be use in Trinidad?" I think the question you're asking is whether the person or entity to which you're presenting the POA has to honor it. Answer is no. "I sign the power of attorney because the power of attorney told me that she wants to evacute the people living on my land in Trinidad and not to sell it but without my knowlege she sell the land." Then why on earth did you sign a POA that said she had the power to sell it?? Just because she has a POA doesn't mean she can keep the money; she's acting on *your behalf* as a fiduciary. You...

Q: 

Probate attorney fees

A:  There's nothing wrong with the attorney asking for more money in advance of continuing work on the case. (I gather he doesn't send a monthly bill but prefers to estimate what a given amount of time will entail in terms of billed fees. That said, you should be getting a monthly statement showing detailed time entries of work done each day.) "The value of the estate is over 4 million, why would he insist on withdrawing at this stage of the litigation knowing the amount of money involved and what lies ahead for him as my representation." I'm afraid you'd have to ask him, but attorneys don't like working for free and just because a settlement may be expected

Q: 

Chapter 13 dismissed due to attorney Error

A:  It would appear to be negligence. It will only be malpractice if she were unable to refile the chapter 13 because of the attorney's action. "Also because of the dismissal, the attorney has to appear before the judge to answer what happen." I gather you meant to say "to answer[/explain] what happen[ed]"? Yes, it's negligent but as mentioned it isn't malpractice unless your wife is really harmed in some way, e.g., the bankruptcy court wouldn't allow her to re-file or proceed. I trust that your wife will be seeking at least a partial refund from this attorney or an acknowledgment that she doesn't have to pay for a...

Q: 

attorney fails to notify client...disaster follows

A:  Your current attorney should be able to advice you. You may have a malpractice action against the original attorney. However, a statute of limitations may have run, killing your claim. He was taken to a state on the other side of the country. I have not...for two years....been allowed to speak or see my husband." Your post fails to mention what you did about this via the GA court system, e.g., re-filed, etc. "This attorney notified me of the hearing three weeks after the event. It was discovered that the attorney WAS served in the appropriate time, just failed me." And what did you do after that? Did you look into filing a petition to set aside the court's order due...

Q: 

Wrongful Conviction--Q

A:  Originally Posted by Want Justice I been fighting to free my 2 sons for 4 years. They where changed with assulit (felony) district attorney offered them a deal and both of them turnd it down. They both took it to trail and lost. While trail was playing out i seen what was happening. I couldnt do anything about it. The Corruption of this trail would have made anyone sick. The wrongful conviction of 2 innocent boys are still setting in prison today. The Misconduct & Abuse of power lead to wrongful conviction. district attorney is very Biases toward my sons and the judge. district

Q: 

Question concerning false statement to insurance company?

A:  You can go to the district attorney to see what will happen, but I have a feeling he will probably brush you off because sometimes they don''t take white collar crime seriously enough and he will probably say it''s a civil matter between you and her. Was the fake will probated in court? You need to be talking to an attorney to determine whether you need to contest the fake will and also find out what the laws in your state are about abuse of power of attorney/elder financial abuse--some states have such laws and others don''t. What she did was probably abuse of POA because she had no legal authority to change...

Q: 

civil liberties violated

A:  The police do not have to take a statement from you prior to arrest or booking, or at any other time for that matter. The statements in the complaint by your accuser are generally sufficient to give the police the probable cause for the arrest and to support prosecution. Probable cause is not a very high standard. The state must prove its case using a much higher standard, beyond a reasonable doubt, at trial. It is at trial that you can make your defense and get your side of the story out. But to get to trial, you must plead not guilty. You are entitled to a "speedy trial", not speedy hearings. What that means is that the case must generally be brought to trial within 6 months from the date that your not guilty plea was entered pursuant to Colorado Revised Statute section...

Q: 

Where Do I Turn?

A:  "I was arrested, but never arraigned." That usually means the state refused to prosecute at that time. "No grand jury has heard my case, there have been no hearings, nor will the district attorney drop the charge." If you don't have pending court dates, there's nothing to drop. The event would be in the investigative stage, or closed, and they don't have to tell you what is going on. "The school board found the charges false, but demanded my resignation." If you had contracted employment, consult an attorney. "There has been no investigation by the DA." First, that's because cops investigate stuff, not the prosecutor. Second, if there was an arrest there...

Q: 

Falsely accused, malicious prosecution, Corrupt legal system--Q

A:  This forum helps people by offering advise regarding legal issues. It is not a place to soapbox your individual dissastification of the legal system. Do you have a specific question you would like answered? Sorry... I do have questions: 1 - does anyone know of a forum or place to discuss what happened with others who went through something similar? 2 - What is the statute of limitations on malicious prosecution in New York state and when does that period start? 3 -I was told that a person cannot start a civil suit until the criminal leg of the case was concluded. Is this true? 4 -Is the district attorneys office and the assistant DA above the law or can they be...