Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Wife plead open to judge on 2 owi resulting in death cases. She has no prior felonies. Only misdemeanors from when she was 18 years old. Every motion her lawyers filed was denied by judge. No depositions were done on any medical staff. Judge held her juvenile charges against her openly. He... View More 
answered on Feb 3, 2019
Sentences are rarely overturned, but when a defendant is maxxed out, there is no downside to appealing. Contact an experienced appellate attorney immediately, as a Notice of Appeal must be filed promptly. You mentioned that she had a court-appointed attorney. If she is still indigent, she can... View More
What is it called? I want to look up an example maybe to format mine similarly. Do I just write dear judge can you apply the extra month I served towards the bond at 20 dollars per day? Then send it to the clerk with my cause number?
I overserved my sentence by a month.
answered on Jan 27, 2019
You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.
answered on May 29, 2018
To find the best lawyer closest to you it would be best if you listed where in Indiana your case is that you would like to appeal.
My boyfriend was arrested for driving without a license and possession of paraphernalia. Both misdemeanor charges. After a week in county jail they added the charge of maintaining a common nuisance, a felony. Once he was sentenced they also enhanced his sentence by adding a habitual offender... View More
answered on Apr 16, 2018
Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local... View More
Lost driving privileges in 2012, paid tickets and fines. BMV reinstated my license 2-26-18 and suspended them again the next day because I paid them. Idk what to do, I've moved out of state and just want this behind me.
answered on Apr 8, 2018
You were probably suspended again for failure to file proof of insurance with the tickets you paid or suspended for excessive points. You should consult with an attorney to see what can be done, there are possibilities of either setting aside some of the judgments or getting a specialized driving... View More
In the state of indiana
answered on Dec 14, 2017
A Notice of Appeal must be filed within 30 days of a final appealable order. If the 30th day falls on a weekend or day that the Clerk of the Court of Appeals is closed, it rolls over to the next open business day. The Notice of Appeal must be accompanied by the filing fee or a request to waive... View More
Suspended. I had been out of state for a couple of months. The suspension letter was dated 2 says prior to me getting the ticket. The judge informed me that I was correct about the text of the law, however stated that "case law" says driver "knows or should know" their license... View More
answered on Oct 19, 2017
You should contact a local attorney very soon as appeals are time sensitive on filing a notice of appeal. An expungement of the conviction is possible, but there is also a time frame before you can petition the court. If you miss your deadline then you would be barred from going forward on the... View More
My license are suspended. I need to pay the fee to the bmv but im indigent and can't afford to pay it or hire a lawyer to do it for me.
answered on Sep 27, 2017
Go to in.gov and you will find a link that will give you the affidavit for indigence and documents for the petition as well as instructions to file. If you do not have a computer, I'm sure you local library has a computer you can use.
My 16-year-old daughter and her 18 year old boyfriend A few other juveniles went to the park to go watch a fight with her boyfriend and a nother kid they started fighting and when fighting the other kids seen my daughter's boyfriend being stabbed my daughter jumped on them and punch them a... View More
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answered on Aug 16, 2017
To arrest, only probable cause to believe a crime was committed is sufficient. This is not even 50-50, but can be less than 50% likely. So, yes.
She needs to remain silent. Get a great criminal defense lawyer.
I was approved by the SSA to be a disabled person in 2014. It was for depression and arthritis. I recently had to go for a redetermination and then was found to be not disabled and then was told that I was found disabled due to mood disorder and anxiety disorder and then that was never the reason... View More
answered on Oct 24, 2017
Call the Indiana BAR Association at (317) 639-5465. They'll be able to refer you to someone who handles SSI Claims.
He has supposed to have been paying child support since January but he hasn't paid anything yet and now has a court date set for May 10th because of it. He gets 90 overnights and we have agreed on everything thus far. We have not discussed this relocation with him but my current wife and I... View More
answered on Mar 30, 2017
This is not an appellate question, it is a custody/relocation question. Indiana Code 31-17-2.2-1 et seq. covers the notice requirements for a relocating parent and the options available to the non-relocating parent.
Reference cases needed for Class A, Felony child Molestation that were overturned on Post Conviction Relief. For the State of Indiana
answered on Mar 24, 2017
Post-conviction relief rarely turns on the specific charge. Rather than looking for cases overturning child molesting convictions, you would be better off looking for cases granting post-conviction relief based on errors in the proceedings. Courts will not reweigh the evidence presented at trial,... View More
answered on Mar 7, 2017
Your question is too general to answer. PCR can be applied to numerous errors not raised on direct appeal and not waived. Winning depends on the facts and law applicable to each case.
He was abusive and left when i was 6 1/2 months pregnant and on bed rest. The rent was due and no food in the house. I had my son 5 weeks early. I tried to contact him. My son stayed hospitalized for 3 weeks. I tried to contact him. His sister told me it wasnt his problem that he moved back to... View More
answered on Oct 4, 2016
I don't understand why an illegal would seek paternity. Contact a family lawyer and fight it. Your husband is presumed to be the father because you had your child during your marriage.
I won my case at the magistrate's level and the losing party appealed the judges decision. What happens if I don't respond to the appeal?
answered on Sep 17, 2016
If you fail to respond to an appellate brief, then the factual allegations in that brief are uncontested, and the court will proceed to decide the appeal on the merits. You could still win, but you have given up your right to contest the appellant's arguments.
The Judge in this case provided a summary of his reasoning for ruling as he did. He explains in detail why he made the decision. This is in a Corrected Findings of Fact, Conclusions of Law and Decree of Dissolution. We want to reference what the Judge stated in our Appellee brief. I have never... View More
answered on Sep 17, 2016
The order from which the appeal is being taken must be in the record. You must cite to the record in your brief. Are you attempting to do an appeal pro se? The appellate rules are strict and complicated. You need experienced appellate counsel.
After being released from prison only severing 1 year of a 14 year doc sentence and 6 years probation, my sentenced was modified to 1 year served, 1 year house arrest, and 17 years probation. Since being released I have paid all my fees, did all my community service, maintained good behavior, clean... View More
answered on Sep 1, 2015
Here is a link that might be helpful: http://www.getoffprobation.com/terminate-indiana-probation
Consider doing an internet search the next time you have a legal question.
answered on Oct 18, 2015
What is the AR? who is the assessee? What kind of case is this? Not enough facts are given here.
#2 on application I understood as employment discipline and answered no... My preliminary review hearing (appeal)order states that will be the issue talked about. Will I have to explain all my past mistameanor convictions even though the 5 year requirement has past
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