A federal inmate is filing their second, and final, 60(b) motion. The first motion was denied. Should this motion be sent to appellate or district court?
There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... Read more »
answered on Mar 18, 2023
Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.
answered on Mar 2, 2023
Testimonial statements by witnesses who are not subject to cross- examination at trial may not be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision... Read more »
I was given two years of probation after a violation at which time the judge failed to give me credit for previous jail and probationary credit to avoid exceeding the statutory maximum. I filed a habeas corpus at my hearing the judge disagreed to many times served issues even though the state was... Read more »
It's already been approved
answered on Feb 27, 2023
This resource should answer most of your questions:
answered on Mar 2, 2023
In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... Read more »
It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?
answered on Jan 10, 2023
Yes, you can, BUT
1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out... Read more »
I am talking about a unemployment claim
answered on Oct 3, 2022
Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.
I don't even have an attorney on this case yet I've been having to do everything myself and I'm scared I don't know what I'm doing it's for my rights for my kids.
answered on Aug 11, 2022
Is the case in Florida? It is really difficult to answer based on how the question is presented, but would be easy to answer if someone who knows what they are doing looks at the docket. There are many Florida appellate attorneys who will give you a free consultation if you simply google... Read more »
A lesser charge because the victims statement changed drastically and added more then what was originally said in the confession the judge responded no the outcome was another hung jury after that question I went home and was mailed another hearing letter to start the case completely over I hired... Read more »
answered on Jul 25, 2022
There are many competent criminal appellate and post-conviction attorneys in Florida who will give you a free consultation if you reach out and ask.
There was evidence that existed of an audio confession but no other evidence existed to support crime was committed.
answered on Jul 23, 2022
In short, it doesn't. Assuming that the defendant didn't have an attorney, if the defendant failed to raise the objection it has been waived. The judge may have thought that there was sufficient evidence that a crime had been committed.
The case was at palm beach county and the assistant to the state attorney failed to show the jury extremely important evidence
I accused of stalking after argument with woman at a Target store in Bradenton, Florida. “Stalking” here was printed materials & items posted online w/pictures from woman’s public Facebook page. I never contacted or attempted to contact this person. No physical evidence tying me this.... Read more »
answered on Jul 18, 2022
If the case was dismissed, in your favor, there is essentially nothing to appeal. Let it go.
From not guilty to guilty. They are trying to extradite him back to the Philippines. How do we fight thia case. We have 2 kids and he had been a residences of the United States for over 30 years
answered on Jul 12, 2022
It sounds like your husband pled guilty to a criminal offense and is now, or is about to be, in removal (deportation) proceedings before an Immigration Court. Even if a person is deportable, there may be forms of relief available to help them stay in the United States. Like our firm, there are... Read more »
I have a final order for dissolution of marriage because of a default judgement. I was never served and motioned the court to vacate and it was denied. Best part that I was never married with the person because it is a void marriage. She was still married when we got married. Motioned the court to... Read more »
answered on Jul 7, 2022
Your question answers itself: you didn't appeal in a timely manner.
He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff
Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... Read more »
answered on Apr 19, 2022
It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.
The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story... Read more »
the appealed decision was from a motion to suppress evidence, the evidence that was found is what charged everyone, so if it in fact is reversed by a higher court then wouldn't the same happen to the co Defendents. because if there is no evidence then there is no case no crime?
answered on Feb 24, 2022
As in most cases, it depends. It depends upon why the appellate court hypothetically found that the evidence should be suppressed as against you. It could be, for example, that the other parties didn't have standing to object to seizure of the evidence from you.
There's a "No Public Access" permit condition in deed restrictions, "no public access" sign at entrance. The plat illegally shows "RECREATION"
People ignored the sign, talking and disturbing me at all hours. Property Mgmt sent a letter stating the area... Read more »
answered on Feb 19, 2022
You can use the “Find a Lawyer” link on this page. Lawyers cannot contact you first. The dismissal with prejudice seems very harsh just for not attaching the documents.
Or WHO do I file it to???
answered on Feb 14, 2022
Florida Fifth District Court of Appeals? What circuit (trial) court? The answer is in the Middle District of Florida, Orlando Division, if it was an Orlando case.
We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... Read more »
answered on Mar 13, 2022
The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.
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.