answered on Oct 22, 2018
Appeals from trial court decisions are 'as of right', so most likely yes. But a reliable answer requires that you first speak with an attorney. An attorney will evaluate the specific facts of your case before providing you with the best answer. However, the courts use strict rules and... View More 
I plead guilty to a motor vehicle infraction and now after 2 months I wanna retract my plea for lack of factual basis. I reached out to my public defender and he told me he doesn't work for me any more. Told me I need to reapply for him to represent me. Is this true? If I reopen a case, he was... View More
answered on May 20, 2018
Generally you would need to pay the public defender again, if the judge even Grants you a public defender.
The other party (my ex) and their attorney presented many pages of text exchanges between ex and my new sig other, I'd say approx 75-100 texts over the course of 6 month for so.. They were all printed out. Some just showed my name, then after I was removed as a "contact" they showed... View More
answered on Apr 20, 2018
You would have to file a motion to set aside the order based on what you may believe is fraud/mistake, etc. This usually needs to be filed within 1 year of the order but the sooner the better. Can you prove you did not send that text?
I've been in a fee dispute, was sued at Special Civil Part in Monmouth. I responded as pro se. I didn't go to a 9/5/17 trial as I had never received the court notice.
The plaintiff filed a motion for default. I (mistakenly) filed a motion to vacate as response, simply stating I... View More
answered on Dec 14, 2017
File the motion again but put more information in it. Also do it as order to show cause.
I was addicted to percocets during my pregnancy so my kids were taken after my baby was born 5 yrs ago, as of last year my right were taken. Ive been clean now over 2 years and im still n out patient rehab, i attend NA/AA meetings 3 times aweek for 3 yrs now, i received one on one counseling for 3... View More
answered on Nov 15, 2017
Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers... View More
I had a sealed water bottle of about half of liquor. I was on line to attend to a frat party whe then cops stopped me when I was holding the bottle of water. He asked me if that was alcohol and I didn’t know what to say so I looked at my friend. Then the cop started to yell at me. I wasn’t... View More
answered on Sep 22, 2017
If you put alcohol in the bottle it was no longer sealed it was an open container under the law. Because you have not given a violation number we cannot tell you the penalties you face and what can be done. That being said if it is a 2C charge you bugged problem is not the fine but possible jail... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2017
If a case is lost in NJ at trial level, the next step is to seek an appeal to the Appellate Division. Appeals are expensive and the vast majority of them are not successful. You should expect to pay an initial retainer of $10,000 or more, plus filing fees and costs of transcripts. An hourly rate of... View More
answered on Feb 6, 2017
If you "opted out" of the class action lawsuit, you need to file your own civil suit.
My uncle is sponsored under F4 category. He has a family of five which includes his wife, two children and an adopted daughter. The adopted daughter was adopted in 2012 when she was at age 12 and has been living with my uncle for 6 years. My uncle had his interview yesterday but the adopted... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2016
Your question is very complex and fact sensitive. You will need an in person consultation with an experienced immigration attorney right away. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all... View More
Custody and child abuse issues came up in June. Returned to NJ to get my son. Had court about 6 times with father, we share custody. Issue not resolved future court dates pending. Can a sanction still be in place when I was no longer living in the state? It's been 5 months since I received... View More
answered on Aug 9, 2016
unclear what you mean by sanction. contact court asap
Can you ask, on a expedited basis, a federal district court to "expedite" their decision regarding a stay of self surrender pending appeal in the circuit court? If counsel filed the
motion for a stay with requesting "expedited basis" can this be corrected or amended so... View More
answered on Oct 2, 2015
Have you had a full discussion about this with your attorney?
Conviction vacated on a tecnicality(Judge in Appealite) didn't question Prosecutor on reasons for dismissing 7 of 9 African-Americans Will Prosecutors notes be made to be open to the Defense?
answered on Oct 26, 2015
Hire an attorney? You asked this some time ago. I hope you have found an adequate answer by now.
answered on Oct 28, 2015
It is probably way to late to answer this question. What you needed was an attorney on your side. You do not know the rules of procedure or the evidence code, or the law. These things are what attorneys are trained in, and even the easiest of cases is actually quite difficult. When you have legal... View More
answered on Dec 18, 2013
If there is a legal issue in your case, then you can always appeal. You need to consult with an experienced appeals attorney in your state to find out if your case has such an issue in it.
My case was dismissed with prejudice from a lower court due to statute of limitations.
Unfortunately, that judge was wrong, so I appealed and provided my evidence to prove that I was under the statute of limitations.
What is the turnaround time for the court of appeals to review all... View More
answered on Nov 11, 2015
You needed an attorney back then. That is evident from the way you ask your question.
answered on Jun 3, 2012
A case can be dismissed even though laws or facts are cited by a party if the laws cited are not relevant to the case, if the case has no merit, if the facts cited are not relevant to the case, or if there is no cause of action under the applicable law. This is of course not an exhaustive list.... 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.
