GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end... View More

More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.

That's certainly an interesting fact-scenario, especially nowadays, when... View More

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answered on Sep 25, 2017

No.

For N.C. Gen Stat. 15A-1340.4 (1983):

Go to the NC Gen. Statutes on the State's General Assembly website: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Find the modern 15A-1340.4, which has been repealed:... View More

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answered on Sep 13, 2016

First, lets get terminology straight. In North Carolina it is Driving While Impaired or DWI not DUI. If you got 12 months of active time on the first DWI that you were on probation for then it is very likely that DWI was not your first and / or was a higher sentencing level than your average... View More

Probably not, but we do not know enough facts, and you needed an attorney back when you asked this question.

You needed an attorney back then. When you ask a question on a forum like this, it is understood that you need to actually seek out legal advice from an attorney.

This was asked well over a year ago. When you need legal advice, you need to go get it from a local attorney instead of waiting for someone to answer a question. I hope you have found an answer to your question. Basically, appeals are very limited.

Yes, if an appeal is even possible.

Were they transcribed and made a part of the record?

Yes, but that depends upon the actual facts, and there may be post conviction relief available. In order to find out, you have to have a full discussion with a private criminal defense attorney.

Usually, the government will appeal an adverse ruling on a motion to suppress or a motion to dismiss. You can do an internet search for this case and read it yourself, can't you?

Appeals are quite complex and appellate courts do not hold new trials. So, the best thing to do is speak with your appellate attorney.

You hire the best appellate attorney you can find. You stand virtually no chance of being granted cert. by doing this pro se.

Basically, it means suspended.

Is this civil or criminal? The questions are decided by the appealing party but they all boil down to this - the question in every appeal is whether the trial court erred in finding a fact, or letting in evidence or making some other ruling. In addition, the appealing party has to show that not... View More

You do not appeal a "judge." You appeal the judge's ruling if you disagree with it and if you have reason to appeal, i.e., if the judge did something incorrectly that warrants a new trial. Just because you disagree with the court's ruling does not mean that the judge acted... View More