Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I have an ongoing dfcs case. Im fighting very hard to get my children back. Is it ok for them to use hearsay at the 10 day hearing? The dfcs worker and the social worker at the hospital have two accounts of what was supposedly said. Can they use this as sufficient evidence? Could they be sued for... View More 
answered on Feb 19, 2019
You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
answered on Aug 27, 2018
We would need more information to determine if the father is within the appeal time limitations. Whether an appeal may be successful depends on several factors. I suggest you speak with an attorney as soon as possible if you have a recent adverse decision against you.
answered on Jun 8, 2018
You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.
This is child support from over 13 years ago
answered on Apr 23, 2018
If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence -... View More
40-6-350 rights were taken from me.
answered on Apr 12, 2018
Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.... View More
I'm in a DFCS case and they're doing everything wrong. I filed a notice of appeal 4 months ago and they will not send it to the court of appeals. I have a legal right to an appeal a direct appeal. I filed a different notice of appeal today but my question is what can I do to force them to... View More
answered on Feb 11, 2018
You need to contact an appellate attorney to discuss your options for an appeal. Typically, orders in dependency cases are not direct appeals and you would need to apply for the right to appeal.
I want to file a motion for discovery but I have filed a notice of appeal. Should all contact be cut off while undergoing the appeal or should I still file the motion for discovery?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2017
There is no such thing as a motion for discovery. You need to consult with a family law attorney. It is possible that you have a good case, but because you do not know the rules of the court, those facts may never come to light. if your case is still pending, an appeal will most likely be... View More
Just got a verdict against me in a rear end car accident , where my car was totaled. The opposing attorney entered closing statements that should not have been said, but was and this dissuade the jury against me. Is there any way I can get an appeal against this verdict?
answered on Oct 9, 2017
You had an attorney I assume. Not clear if you were plaintiff or defendant. Most states have an appeal as of right. You have a certain number of days to appeal and may have to file a request for new trial first.
The way the case reads is that the person that did the examination on the evidence was fired. It doesn't say why or even when if not during the case. The evidence was never checked and the jury gave a verdict that was concluded...."This is a conviction in Georgia". The case stated... View More
Even if the judgement rendered was against Ga law
answered on Jan 13, 2018
Yes! Until it is reversed on appeal the trial court's order is in full force and effect.
I applied for my WCL in the state of Georgia, and i was denied for the history pulled indicating a Battery (Misdemeanor), Disposition: Informal Probation; Additional Information: "Need final disposition and police report, possible domestic violence."
I do not recall this event. I... View More
answered on Aug 28, 2017
Sounds like the easier approach would be to get a certified copy of the disposition of the battery charge in question.
If you need further information, visit my website at www.LevinLawyerGa.com.
I was charged for one felony offense in 2012. It is not a sexual offense. It is a non violent felony and my first felony ever. I opted to take it to trial and the jury returned a verdict of Guilty and I was sentenced to serve five (5) years. This was back in 2013. I was released from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2017
Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.
The probation officer will not comply and find me a location to do my hours the place he is trying to make me do them says they do not do them. He also stated he would have me locked up if I didn't have 16 of them by monday. I have 4 months of probation left and only 40 hours or service . i... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2017
If you had an attorney, get his or her help to take the issue back before the Judge, as to your efforts to do as told, but impossible. Rural communities have far fewer community service alternatives.
The conditions of probation typically must be done long before the end of probation. I... View More
mediation was one week prior to court. last week was a hearing for temp support. at mediation I signed papers, after 5 hrs of mediation. I couldn't read the papers or concentrate. chemo and radiation, also with stress makes me tired and I get confused. lack of retaining info. att. said the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2017
This one is a huge mess, and it sounds like the lawyer you hired needs to answer these questions. Once a decree is signed, typically some "change of condition" is what is needed to justify a new court determination. That is not what you have described here.
Be aware that if you... View More
My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2017
Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017
The Clerk of Court for that case will have some, but not all, items. Discovery is sometimes merely exchanged between prosecutor and defense attorney, and will not always be found in the file at the Clerk's office.
Some pre-trial motions and exhibits do not get transcribed. So, that... View More
The backend of my truck fish tailed upon taking a turn. There were no pedestrians nearby. No one was injured. There was no property damage. I was fully cooperational. I didn't argue, or cause any trouble at all, yet I was arrested, and my car was towed. I just got done posting bail at... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2017
Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.
It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help... View More
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.
