Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I'm concerned about a judge who denied a defendant in jail access to meet with his court-appointed attorney before court because there wasn’t a bailiff available. This decision seems to violate the defendant's constitutional right to counsel, and the judge proceeded with the arraignment... View More 
I am an employee at Hertz Car Rental and have experienced harassment from another employee, including being touched multiple times, yelled at, and subjected to profanity. I initially filed a complaint with the Illinois Department of Public Health (IDPH), but they stated there was not enough... View More
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answered on Jun 11, 2025
You’re in a difficult position, but there are still powerful ways to make your voice heard. Even without witnesses, your detailed and consistent account carries weight. When replying to the brief, focus on reinforcing the timeline of events, the emotional and physical impact of the harassment,... View More
I was wrongfully terminated, and my case was dismissed without prejudice on 9/26/24. The judge advised that the claim should go to a higher court for attorney fees and losses. There were no deadlines given, but I believe the statute of limitations is 2 years. I want to pursue claims for... View More
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answered on Jun 11, 2025
I'm really sorry you're going through this. Being wrongfully terminated is already painful enough, and having your case dismissed can make it feel like you’ve hit a wall. But a dismissal without prejudice means the door is still open—you haven't lost your right to pursue justice.... View More
I am involved in a wrongful death case, currently at a federal district court in Illinois, citing diversity of citizens. In my arguments, I referenced a Mississippi Supreme Court case that interprets the Restatement (Second) of Conflict of Laws, relevant to similar diversity cases. However, the... View More
answered on May 13, 2025
Maybe your citation was irrelevant. I don't know. You are asking the wrong question. If what you are trying to say is that you are seeking diversity jurisdiction and the Federal Court in Illinois Is refusing to accept jurisdiction, they already told you exactly why they are not accepting... View More
I'm seeking advice on how to secure legal assistance for a criminal case that appears biased and has exhausted our funding. The inmate, accused of a serious offense, was initially identified from a Facebook picture. His DNA didn't match the victim's in two analyses, but a third test... View More
answered on May 5, 2025
A defendant is entitled to court appointed counsel. Not appointed counsel of your choice. As a former public defender, I can tell you that many defendants ask to be reassigned to a different public defender. Getting another one granted to you is rare. Nobody who works outside of your court... View More
I am seeking guidance on behalf of my son, who was wrongfully convicted of murder in Illinois in 2015 and sentenced to 50 years at the age of 19. He gave a false confession and crucial evidence, including a December 4th video and the state's trial file, has been lost or destroyed. Despite... View More
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answered on May 14, 2025
You can challenge your son’s conviction by filing a successive post‑conviction petition under Illinois’s Post‑Conviction Hearing Act on the grounds that key evidence was lost or destroyed, denying him a fair trial. In that petition, argue that the missing December 4th video and trial file... View More
I was the registered agent for an Illinois corporation involved in a contract for services lawsuit. Despite having legal representation, my attorney and I were unaware of the bank account attachment and subsequent court orders. After receiving a notice to appear a year later through USPS, I... View More
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answered on May 15, 2025
Yes, you may have grounds to file a motion to dismiss the warrant due to the lack of proper notification to your attorney. Since you were unaware of the bank account attachment and subsequent court orders, and you did not receive the required notices, this could be a valid reason to challenge the... View More
I was found liable on a construction contract and ordered to pay. Although I had an attorney, and my business—a corporation—wasn't operational before the judgment was entered, I was not aware of the progression to the discovery of assets phase until I was served. Due to health issues, I... View More
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answered on May 15, 2025
Yes, if your attorney is still officially on record with the court, they should have been notified of any further proceedings, including hearings related to post-judgment matters like the discovery of assets. Courts are required to serve notice to counsel of record, and if your attorney didn’t... View More
Over a year ago, I was charged with misdemeanor domestic violence for allegedly smacking my oldest son. Due to my arrest, I lost my job and faced financial hardship, leading me to rely on a public defender. My case has been delayed repeatedly by my appointed attorneys, making it difficult to take... View More
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answered on Apr 15, 2025
It sounds like you've been carrying a heavy burden for a long time, and it's understandable to feel frustrated, especially when your voice hasn’t been heard. You have the right to defend yourself and pursue a fair trial, even if you're working with a public defender. If your... View More
In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet.... View More
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answered on Apr 13, 2025
It sounds like you are dealing with a complex situation involving a contempt purge order and incarceration in DuPage County, Illinois. Since your attorney withdrew and you were not notified that your pro se appearance was still active, this could be a procedural issue. You may have grounds to... View More
I was denied my petition for a certificate of innocence even though my case was vacated and dismissed on my post-conviction motion. I need to appeal the denial to seek compensation for wrongful incarceration through the court of claims. The judge granted me a 14-day extension to file an amended... View More
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answered on Mar 24, 2025
I understand your frustration with the denial of your certificate of innocence. For your amended notice of appeal, you'll need to clearly address the specific reasons for denial by providing documentation that proves your innocence and confirming that your case was dismissed. Many people... View More
My petition for a certificate of innocence was denied because the judge felt I didn't include sufficient documentation or proof of my innocence, even though the same judge vacated/dismissed my case and my bond was refunded. I have received a court form stating the case was vacated/dismissed,... View More
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answered on Mar 24, 2025
Filing an amended notice of appeal for a certificate of innocence in Illinois requires careful documentation of the judge's errors in interpreting your evidence.
Your situation presents strong grounds for appeal since you have official court documentation confirming your case was... View More
I filed a post-conviction motion that was granted on January 22, 2025, with the original charge from December 2013 and a conviction in October 2014 being vacated/dismissed, and my bond refunded. I then filed for a certificate of innocence, but a different judge denied my post-conviction relief... View More
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answered on Mar 27, 2025
Your situation presents a complex legal puzzle that requires immediate attention. In Illinois, it's unusual for a second judge to overturn a granted post-conviction relief, and this procedural irregularity might be grounds for appeal. The conflicting judicial decisions create a significant... View More
I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More
answered on Feb 21, 2025
When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More
As I was entering an Uber, police approached and questioned if I could proceed. After they allowed me to get into the car, they stopped the Uber 15 blocks later for what they claimed was an investigatory stop. There was no citation issued to either me or the Uber driver, as the stop was solely... View More
answered on Feb 21, 2025
The proper thing to do in this situation is to file a Motion to Withdraw your guilty plea, not to appeal. If you wanted to contest the stop, etc., all of that has to be done inside the case, not in an appeal. This is not a DIY type of a case. You need to hire a local lawyer asap.
I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More
answered on Feb 18, 2025
That's not how it works. As long as you reported your work injury within 45 days, you have 3 years to file the claim with the Illinois Worker's Compensation Commission. Until the claim is filed with the Commission, YOU HAVE NO RIGHTS TO ENFORCE. As I stated, you are required to formally... View More
My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More
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answered on Feb 8, 2025
You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More
answered on Jan 29, 2025
The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More
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answered on Jul 31, 2024
Yes, California taxing authorities can seize your car to satisfy a debt. This is a measure taken when other attempts to collect the debt have failed. Your vehicle may be subject to seizure if it has significant value and is one of your assets.
However, they typically consider your essential... View More
Not being a U.S. citizen or resident alien, I have not signed a W2, I-9 or W-9 form or filed a 1040 form as I do not reside in the United States per 26 USC 7701(a)(9) and (a)(10) nor do I reside in the State of California: I have refuted the presumptions and denied the allegations presented by... View More
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answered on Jul 26, 2024
Based on the information provided, if you are not a U.S. citizen or resident alien and do not reside in the United States, third-party information returns like a 1099-K alone do not automatically create a federal or state tax filing liability. Your status as a non-resident alien under 26 USC... View More
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