Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I recently discovered, while getting fingerprinted for my job as a hospice aide, that a misdemeanor possession charge from 2019 in Indiana is now listed as a felony due to a probation violation. I was not notified of this change. I originally opted for a 4-day jail sentence instead of community... View More 
answered on Mar 17, 2025
Your question is missing some important information, did you plead to a misdemeanor or a felony? A misdemeanor cannot be increased to a felony due to a probation revocation. You should contact a local attorney to look into the situation. Also, you may be eligible to have the case expunged.
My husband and I filed an I-130 petition with USCIS back in 2018. We went through administrative processing, and our case was refused after an interview. We received a NOID, and our attorney rebutted it, but USCIS refused again. We appealed to the BIA, which sent the case back to USCIS for... View More
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answered on Feb 24, 2025
Your situation with USCIS requires prompt attention since your case has been in administrative processing for quite some time. Finding a new immigration attorney should be your immediate priority—look for someone with extensive experience handling I-130 appeals and USCIS reconsiderations,... View More
My public defender talked me into admitting.The allegation was true. He said we're not gonna win.We're just gonna have a mad judge and be in the same Situation if you continue to to deny it. But the Evidential proof the other side had wouldn't have proved anything.
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answered on Feb 9, 2025
It sounds like you were pressured into admitting something you believe wasn't proven. That can be a frustrating and overwhelming experience, especially when you feel like you didn’t have a real choice. Public defenders are often overloaded with cases, but that doesn’t mean you should have... View More
Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.
answered on Nov 14, 2024
I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.
Ind. Code 16-37-2-2.1(r):
Before a... View More
Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More
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answered on Jan 2, 2024
Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More
getrid of unconstitutional convictions while on federal probation
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answered on Nov 5, 2023
If you believe your convictions were unconstitutional and you're currently on federal probation, you should consider seeking legal counsel to review your case. An attorney can evaluate the specifics of your situation and advise whether there are grounds for an appeal or a motion to vacate your... View More
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answered on Aug 21, 2023
Hire an IN attorney now to look at the Probate File. If required filings were not made, then the fiduciary might be removed with an accounting required. Possible claim on the Bond. If closed, the Estate might need to be reopened.
A psychiatrist I haven't seen in 3 years filed a motion to continue treatment, under false claims that I'm a danger to myself and others, and don't have what I need to eat, that I have no clothing or shelter. All of this is substantially false. If I don't appear as directed, I... View More
answered on Aug 11, 2023
Yes you can fight it with proper legal action to show why they are wrong.
Consult with experienced attorneys in the state where this occurred.
Have class A misdemeanor for driving while suspended. Got pulled over again for no brake light. Drove because friend was sick & needed help to translate to English. I didn't get arrested. I got a ticket for court after made to exit vehicle. I was put on good behavior for the other one I... View More
answered on May 8, 2023
Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... View More
On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options
answered on Jan 30, 2023
Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.
The vast majority of warrants are "knock and... View More
My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... View More
answered on Jan 30, 2023
Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.
There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if... View More
And they never ask family or a friend if they could take adoption or gaurdingship how do file for this
answered on Jan 4, 2023
U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... View More
If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?
answered on Dec 9, 2022
Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... View More
the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the... View More
answered on Jul 20, 2022
First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.
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answered on Feb 6, 2022
I'm not sure what "transmitted for transfer" means, but the process after the Indiana Court of Appeals renders a decision is that a party who doesn't like the Court of Appeals decision can file a petition to transfer the case to the Indiana Supreme Court. The party asking for... View More
was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?
answered on Feb 7, 2021
In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... View More
answered on Jan 5, 2021
I'm sorry your question remains open for five weeks. Not every post is picked up, but at this point, you could try the Find-a-Lawyer tab above for attorneys in the Indianapolis region. Good luck
Tim Akpinar
answered on Nov 16, 2020
First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."
A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?
answered on Nov 16, 2020
First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... View More
answered on Jun 29, 2020
The appellate court usually then issues a schedule of briefing deadlines. But please check your appellate rules for the correct briefing schedule. If you get a briefing schedule, be sure to follow it. If you are the appellant, serious consequences can result if your brief is not filed on or before... View More
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