Glenn T. Stern Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.

The factors that are considered when deciding on whether or not to grant bond are:

1. risk of... View More

You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.

Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2025

Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More

It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More

It would depend on the terms of your retainer. But the normal practice in the industry is to base the fee on the ACTUAL FINAL amount recovered. Awards can routinely be reduced by a court, or through an appellate decision. It's ultimately that REDUCED amount on which attorney fees are typically... View More

In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More

Certain language in Freeman was later expressly disapproved by the Supreme Court of Texas in Mapco v. Forrest, 795 S.W.2d 700 (Tex. 1990).

You can shepardize this case by going to any legal library or through subscription services like Lexis or Westlaw. There are 90 cases listed in... View More

This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More

There is only one step - retain an appellate attorney NOW. Appellate work is quite different than trial work and there is literally no room for error. Most attorneys do not handle appellate work for that very reason - it is much different than trial work and its a completely different skill set. An... View More

Different arguments can be presented to exclude the same witness. The record must support the argument and many arguments made on appeal to exclude a witness can be waived if they were not presented to the trial court first. But, sometimes, an argument can be presented for the first time on... View More

Charles Holster Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More

When an undisclosed witness is called by the district attorney at a preliminary hearing in California and the case proceeds to trial, a defendant has several legal options to address this situation. First, they can argue that the prosecution violated their due process rights by failing to disclose... View More

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

Charles Holster Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025

I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.

But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More

First and foremost, an appeal is not a DIY project. Even trained lawyers often defer to other lawyers with appellate experience to handle their appeals.

Second, what you need for your appeal depends on whether you are pursuing an ordinary appeal from a final judgment or an interlocutor... View More

I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you... View More

If you do not file Form I-751, you will automatically lose your permanent resident status and may become removable from the United States. However, if you missed the filing deadline due to reasons beyond your control, you can submit your I-751 late along with a written explanation requesting that... View More

You can contest a ticket two ways. 1) Do it yourself: Call the court and tell them you would like to plead not guilty and wish to have a trial or 2) you can hire a lawyer to do this for you and your lawyer will conduct the trial with you in your presence at court. Remember a good lawyer knows... View More