Criminal Law/Criminal Law

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Expert: - 9/12/2009


Question
QUESTION: If a criminal case was disposed can it be reopened or does it have to be appealed?

ANSWER:   I am aware of cases being dismissed, placed on the inactive docket, placed on the stet docket, the state entering a nolle prosequi, which all are similar to "disposed".  Are you quoting an exact legal term that you heard in court?  Also who is doing the appealing?

---------- FOLLOW-UP ----------

QUESTION: Yes sir I am quoting a case from Texas. The court record reads "disposed/confinement". The problem is the defendant was not aware of the proceedings. I know it always best to hire an attorney but am I just wasting my money and or time if the attorney can't do anything at this point.

Answer
I was afraid of that.  The problem is that every state has its own laws.  The law and terminology in Texas is different than it is in Florida, and the terminology in Florida is different than the next state and on and on.  In MY state there is no such disposition as "disposed" but by its very definition it sounds like that a criminal case was dropped because the defendant was in jail.  If that is not the case then I am sorry but this category can be a crap shoot at times because of the different laws in each state.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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