Appeals / Appellate Law Questions & Answers

Q: If i was convicted of a mis. Poss of handgun then the charged was appealed,and granted and then got a pbj and expunged

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on Sep 18, 2017

Likely yes based on the expungement and you not having other disqualifying offenses
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Q: Hello, will a knowledgeable person please respond to the following questions.

1 Answer | Asked in Foreclosure, Appeals / Appellate Law and Constitutional Law for New York on
Answered on Sep 8, 2017

Hire an attorney.
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Q: Can I present new evidence at an appellate hearing?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Sep 5, 2017

No, not unless you get a "de novo" review, which is unlikely without a compelling reason as to why the new evidence was not presented at the lower court level.
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Q: Can either party can challenge an order or ruling of the court?

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Sep 1, 2017

It depends on the nature of the order or ruling. If it is "appealable", the method of review is by appeal. If not, it may be possible to seek review by writ. See generally, http://dorfmanlawoffice.com/wp1/appeals-writs/ Different rules may apply in different circumstances, such as in limited civil cases.
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Q: Can I appeal a Georgia WCL Denial? Incomplete Criminal History

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Answered on Aug 28, 2017

Sounds like the easier approach would be to get a certified copy of the disposition of the battery charge in question.

If you need further information, visit my website at www.LevinLawyerGa.com.
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Q: I have 2 driving without insurance tickets is there anyway I can get them off my record?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Municipal Law for Wisconsin on
Answered on Aug 27, 2017

The following cases remain on CCAP for 5 Years. Traffic Forfeiture Cases (TR)

Non-Traffic Ordinance Violation Cases (FO). Motor vehicle records are a little different and the answere is more complex.. Depends on where Uber is looking. Ask Uber what you can do to assure them that you are insured.
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Q: Is it appropiate for the judge to have the da have apt with defendent before a crininal jury trial

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Aug 21, 2017

The court will normally set a pre-trial hearing prior to the jury trial just to make sure there are no remaining issues and to insure that the proper jury instructions have been approved or submitted.
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Q: Wrongfully convicted, facing Life Sentence-- is a letter of clemency appropriate, and to whom?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Answered on Aug 17, 2017

Assuming this is a Florida state conviction, I believe a request for clemency would go to the governor, but probably only after the judgment of conviction has actually been rendered. Clemency, like a pardon, presumes guilt but contemplates other factors which may reduce the punishment.
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Q: Felony Expungement

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and White Collar Crime for Maryland on
Answered on Aug 16, 2017

Did she file a motion to modify within 90 days of her conviction? If so, and if that has not been ruled on, then yes, she may still have that opportunity.
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Q: Can they arrest a 16 year old on three felonies without for sure knowing if she's guilty or not

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Indiana on
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.
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Q: Can I get a statistic of people charge with a similar crime and sentence within my jurisdiction pls advise

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and White Collar Crime for Georgia on
Answered on Aug 15, 2017

Yes, from an analysis of other similar cases, from the Clerk of Court. Some are fully automated, and some are not.
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Q: Can a lawyer enter damaging character evidence in violation of his own motion of limine andnot be considered ineffective

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Answered on Aug 15, 2017

This issue seems to be very likely to be ineffective assistance of counsel, but (without reviewing the whole case) there is no way to give a definitive answer. A motion for new trial would have had to be filed, within 30 days of conviction, to be able to review this aspect of his/her appeal.
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Q: Can a convicted defendants still file a motion for reduction of sentence at after filling a direct appeal

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Answered on Aug 15, 2017

That procedure used to exist, but the Legislature no longer has that law. Before, a panel of other Superior Court judges would evaluate the person's case, prior record, versus the sentence handed down.

If no appeal was timely filed, within 30 days, uour best best is (within the first 12 months after sentencing), to have a criminal defense lawyer file a motion to modify sentence. The original trial judge is who it is assigned to, for determination. If the prisoner has done nothing, while...
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Q: Could you tell me how to find case briefs. I am looking for 384 U.S. at 444, 467, 479, 490, 86 S.ct. 1602

1 Answer | Asked in Civil Rights and Appeals / Appellate Law for Georgia on
Answered on Aug 15, 2017

You will likely need to contact the attorneys in the case. Only certain cases have briefs available through Westlaw, which is an expensive service. Plus, this process for retrieval of briefs is new, relatively. Not all supporting legal papers are available, online.
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Q: Anyone familiar with 40-6-126? Does this apply to a car that has intentions of turning left & more than 300ft away?

1 Answer | Asked in Car Accidents, Traffic Tickets and Appeals / Appellate Law for Georgia on
Answered on Aug 15, 2017

All police-issued tickets are based upon the officer's OPINION about what happened, and what was done. Then, a criminal defense attorney investigates and seeks to exclude illegal evidence or to refute the alleged facts.
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Q: How do you optain discovery packets . or appeals for a case u were involved in

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Answered on Aug 15, 2017

The Clerk of Court for that case will have some, but not all, items. Discovery is sometimes merely exchanged between prosecutor and defense attorney, and will not always be found in the file at the Clerk's office.

Some pre-trial motions and exhibits do not get transcribed. So, that takes some investigation, to see if the Court docket shows a pre-trial motion hearing, and order (making a ruling, for or against the moving party).

This short synopsis shows why appellate attorneys...
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Q: What can one do if a surrogate judge denies them an appeal?

1 Answer | Asked in Appeals / Appellate Law and Probate for New York on
Answered on Aug 14, 2017

You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.
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Q: Am I still eligible to receive a sentence as a First Offender under the First Offender's Act of Georgia?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Answered on Aug 14, 2017

Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.
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Q: We had a mortgage in 2007.It didn't create a lien on our property.We lost our homestead to foreclosure.We appealed

2 Answers | Asked in Appeals / Appellate Law, Foreclosure and Real Estate Law for Florida on
Answered on Aug 11, 2017

With all due respect, you are in over your head in trying to handle this type of case yourself. Also, you rendition of facts are extremely complicate and apparently your case is still pending on appeal.

I am not able to provide you any type of guidance via this online service.

I can only recommend that you consult with an experience foreclosure defense attorney.

Good Luck.
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Q: I'm in the military and found guilty of DUI in 2012. How can I reinstate my driving privileges in Virginia?

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on
Answered on Aug 9, 2017

You need to talk with a lawyer who is an expert in Virginia DUI law. This interstate licensing snafu is one that we see dozens of times a year. Whoever your attorney was back when this was done needed to provide guidance on how to address these issues.

Call Burk Beale. Tell him I referred you, to see if he can assist you.

703-690-1222

William C. Head

Atlanta GA
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