Can you file divorce if your spouse already has?
Can you file divorce if your spouse already has?
Yes, and you should file in your county of residence and immediately serve him, it is a race. If you have lived in California for six months and in the county where you now reside for three months, then you can file there.
How long do you have to answer an amended complaint in federal court?
Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
How can I get someone out of jail with no money?
How to Get Someone Out of Jail with No Money
- First: Bail Can Be Appealed. You should be aware that people can appeal the amount that their bail is set at.
- Working With a Bondsman. It’s a common thought that to work with a bondsman, you need to be able to pay the fee upfront.
- Bonds Are Much Less than Bail.
Do you get bail money back if guilty?
Cash Bail. If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again.
Can bail be granted after conviction?
Yes, the legal system has given one another provision for getting the bail to the accused person i.e. after conviction/sentence. After pronouncing the conviction/Sentence to the accused person, court grant the bail to the accused for filling the appeal in the higher court it’s called suspension of sentence.
When can bail once granted be Cancelled?
The bail once granted cannot and ought not to be normally cancelled in a mechanical manner unless there are cogent and ove…) = (RLW 1988 (2) Raj. 326), that the bail should not be cancelled merely because a graver offence is found to have been committed as a result…
Can bail be granted before charge sheet?
That order granting bail cannot be nullified merely on the ground that before such an accused is released the chargesheet has been submitted. Petitioner is granted liberty to apply for regular bail before the jurisdictional Sessions Court immediately after filing of chargesheet or in case of non filing of…
Can you appeal a bail decision?
For some states, a bail order is considered final, which means that the defendant can appeal either the denial of bail or the amount set for the bail. In states where bail decisions cannot be appealed, defendants can usually challenge the judge’s order by using a petition for writ of habeas corpus.
Can police bail conditions be changed?
If the court has given you bail conditions, then it is the court who alter the conditions. The police cannot alter bail conditions given at court. You will need to get in touch with a solicitor who will arrange a court hearing to vary your conditions.
What factors are considered when deciding bail?
The court will consider:
- the nature and seriousness of the crime;
- the character of the defendant, his/ her past criminal record, associations and ties with the community;
- the defendant’s previous record of abiding by his/ her bail conditions;
- the strength of the evidence against the defendant.
What are three factors judges consider when setting bail?
The judge or magistrate decides the amount of bail by weighing many factors:
- the risk of the defendant fleeing,
- the type of crime alleged,
- the “dangerousness” of defendants, and.
- the safety of the community.
How does a judge determine bail?
A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.
What makes a fine or bail excessive?
Bail is “excessive” in violation of the Eighth Amendment when it is set at a figure higher than an amount reasonably calculated to ensure the asserted governmental interest.
