Besides the judge himself, you will have to write a letter to the State's Attorney's Office. I should point out, that if you truly cannot trust your appointed counsel, you would do well to refuse him and have your refusal - and reasons - placed in the record.
The authority granted to you is specified in the power of attorney form.
Yes, it is possible to sue for malicious prosecution after a forgery charge is dismissed by the District Attorney or if someone is found not guilty by a jury. To succeed in a malicious prosecution lawsuit, you would generally need to prove that the prosecution was brought without probable cause, initiated for malicious motives, and resulted in damage to your reputation, liberty, or finances. It is advisable to consult with a qualified attorney to understand the specific laws and requirements in your jurisdiction.
No, it would be a conflict of interest. Confusing Query I shall assume that what the querist is asking is, can the attorney who defended he or she in a criminal trial become his or her legal representative in a civil suit against the state for 'malicious prosecution'. If that is indeed the case, then there would not be a conflict of interest and the plaintiff may use whomever he or she choose to represent them. It would likely be beneficial to the client to retain the same attorney as he or she would be quite familiar with the specifics of the case.
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
The appropriate prosecuting authority is responsible. In state cases, it would generally be the attorney for the county in which the crime took place. These offices have different names depending upon the state: state's attorney, county attorney, state attorney, district attorney. Regardless of the name, the office is the principal prosecutor for crimes committed in that county. In some instances, though usually rare, the State Attorney General has the authority. If the crime is federal, then the US attorney for the district in which the crime took place would be responsible for the prosecution. For information on how a prosecution proceeds, see the related links below.
You must be a court appointed guardian to over-ride your mother's decisions. A Power of Attorney does not give you that type of authority.
Yes, a person has the authority to name whomever he/she wishes. Additionally, that person can name multiple agents for power of attorney.
No, you do not have to be present when appointed executor. The court will provide a letter of authority. This is often handled by the attorney advising the executor.
In criminal law, prosecution means the government attorney is charging and trying a case against an individual accused of a crime. The government attorney can also be referred to as the prosecution.
She does not need a power of attorney. She needs a letter of authority to act as executor. Apply to the probate court to be appointed.
An executor of an estate has the right to appoint an attorney to act on behalf of the estate. The attorney may collect debts owed of the estate, and defend the estate against any claims against it.
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