Atlanta, GA asked in Appeals / Appellate Law for District of Columbia

Q: On an appeal brief, once proven that the lower court lack subject matter jurisdiction may I sought release

I'm filing an appeals brief, and I have proven that the lower court never had subject matter jurisdiction to render there judgment. In my relief sought may I demand a immediate release or remand it back the lower court for the issuance of the writ to test the legality of the restraint

Related Topics:
1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • Brooklyn, NY
  • Licensed in District of Columbia

A: Is this a criminal defense matter? If you prove that the lower court lacked jurisdiction, the court should issue an order to overturn the decision of the lower court, and you should ask for that in your appeal. It's best to have an attorney handle an appeal, as they can be too complex for non-lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.