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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: A state appeal pending over 12 months what is the success rate
Charles William Michaels
Charles William Michaels answered on Mar 4, 2021

First, I am not a Virginia lawyer. That being said, there is just no way to know what the "success rate" is on appeal. Every case is different. But generally, the chance of winning on appeal is 15/20% if that. I can estimate the chances of winning a given case if I had more background.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
Charles William Michaels answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Would anyone do a pro Bono for child support case appeals ? I’m in Palm Bay Florida
Tim Akpinar
Tim Akpinar answered on Mar 1, 2021

A Florida attorney could advise best, but your post remains open for two weeks. It could be difficult for someone to offer their legal services here - the format is more Q & A than lawyer referral service. Here's a link to a page on this site with Florida Family Legal Aid & Pro Bono... Read more »

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
Charles William Michaels answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If I lose appeal on monetary judgement will I have to pay twice as much or the original amount of judgement

I lost a court case and ordered by the judge to pay back the legal fees of the plaintiff for $20,000. I want to appeal my case. If I appeal and lose will I have to pay twice as much as the original judgement- $40,000? Or would I still pay the $20,000 of the original judgement? Will I have to pay... Read more »

Charles William Michaels
Charles William Michaels answered on Feb 12, 2021

First, I am not an Illinois lawyer. That being said, if you lose your appeal, I would think you would have to pay the original judgment PLUS interest at the legal rate. I don't think you are required to pay the opposite party's legal fees incurred on appeal.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I received a traffic ticket. Judge scare me into pleading guilty. Can I appeal this ticket?

I was at a traffic light turning left waiting for it to turn green. I zone out. I was not moving. Officer put his siren on and pull me over. He was very angry with me and said I'm going to give u a ticket. He did. I start work at 2am and was in the company truck.

Charles William Michaels
Charles William Michaels answered on Feb 11, 2021

Generally not--when a person pleads guilty any appeal rights are waived.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Louisiana on
Q: can my son's aunt void out my transfer of custody by mandate done Jan 18th by getting ex parte on jan25th??

I had a notary come and notarize transfer of custody by mandate on January 18th 2021 me & the father signed.

Our sons aunt who our son has been with since November 19th of 2020 had no legal rights to him we never signed anything giving her any type of custody any type of guardianship.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 10, 2021

The answer depends on what she alleged in her Ex Parte Petition. You need a custody lawyer to review that and the facts of the case with you. You have a hearing coming up.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: When title comes up as an objection in an eviction does the case appealed go to CC or DC due to JP lacking jurisdiction?
Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

No, it gets dismissed because the JP has no jurisdiction.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

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?

Charles Candiano
Charles Candiano 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... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: When will vincent hwang be released after the appellate court ruling?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Soon. Insufficient information for more.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I need a criminal and civil rights defense attorney can you help me?
Tim Akpinar
Tim Akpinar answered on Feb 2, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Appeals / Appellate Law on
Q: Can you dispute a loan if the address on the paper work is incorrect about where the home and land is located

The company has down the wrong town where the morgage property and home is located. If I contested this what will become or this or what will happen

Anthony M. Avery
Anthony M. Avery answered on Jan 29, 2021

The legal description in the mortgage/deed of trust describes the pledged collateral. Sometimes it will have a town in it, and often it does not. The general test is whether the legal description is sufficient for a surveyor to locate the property. You might want to look at the rest of the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Is there a way for me to get a time cut or time served for a 75 yr. sentence for possession of 2 rocks?

I'm on parole for 50 more years..

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 29, 2021

You should probably reach out to a Texas parole specialist, not just a criminal defense attorney who dabbles in parole cases. Dealing with the parole board is very different than dealing with a trial court judge, and this could require some really specialized insight so you should really consult... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kansas on
Q: Coerced and Bullied. Wrongfully accused and incarcerated. Taken advantage of. Public officially abused and Harrassed.
Caroline Bundy
Caroline Bundy answered on Jan 28, 2021

Could you provide more information so we can better answer your question?

2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Juvenile Law for California on
Q: How can I appeal a juvenile court jurisdictional hearing before the disposition hearing and get a new judge and lawyer?
David Michael Lehr
David Michael Lehr answered on Jan 26, 2021

Sorry, but that is broad question. You need to talk to the attorney who handled the case and see what your chances are going to be.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I been convicted of murder with no evidence no body,DNA,or blood I didn't do this crime can anyone help

I had a codefendant that was sent home on probation he was the only witness he was sent home via plea by a different judge due to the fact he worked for my trial judge I asked my judge to recuse due to this fact she stated that it was true he did work for her but refused to recuse herself from the... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.

For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.

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