Appeals / Appellate Law Questions & Answers

Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Answered on Apr 17, 2019
Kevin L Dixler's answer
More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. You should find one who will spend enough time and ask enough questions. You may be best paying for it to avoid excessive fees after you...

Q: Can parents get there rights back if they were severed in arizona

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arizona on
Answered on Apr 15, 2019
Mike Branum's answer
Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are serious about regaining custodial rights you need to speak with a reputable Arizona attorney specializing in family law.

I wish you luck.

Q: My husband is serving 15 years for a crime he did not commit what can I do?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on
Answered on Apr 14, 2019
Ronald J. Eisenberg's answer
It sounds like you recognize that the appeal deadline has passed. Most likely, the judgment is final and cannot be appealed, but I encourage you to sit down with a good appellate criminal defense attorney, even if you need to pay for the consult, in order to get a fact-based assessment of the situation.

Q: Why didn't the DA know I wasn't In Prison? And why didn't they help me figure it out? Can they be getting paid for it?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Apr 14, 2019
Dale S. Gribow's answer
MUCH more info needed.

i would think if you have a PD that your questions should be addressed to him or her as they have ALL the facts

Q: Fiancé did time for a case 10 plus years ago, got arrested for a different type of crime did 7 years for. After 2weeks

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Answered on Apr 11, 2019
Dale S. Gribow's answer
MUCH More info is needed to properly evaluate your case.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear or in which you appeared.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and accident lawyers will offer a free consultation to review the facts.

Call a local attorney to discuss this...

Q: I feel cheated &taking advantage of by previous att.. Out of a 50 thousand dollor lawsuit what percent goes to attorney

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Sexual Harassment on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Whenever litigating "contingent fee" cases The Florida Bar requires all licensed attorneys to enter into very clear written representation agreements explaining all terms and conditions of the representation including who pays the litigation expense and explaining the various percentages of attorney fees due if the case succeeds at trial and/or on appeal, based upon the gross recovery. The last time I looked, the attorney who recovers $50,000 for a client is entitled to take up to 40% of the...

Q: Civil Appeal pending. 4/2 served Notice to Vacate. Given 5 days. Unable to meet that deadline. OPTIONS???

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Apr 3, 2019
Louis George Fazzi's answer
I have so many questions that need answering before I could even attempt giving an opinion. Does the civil appeal have anything to do with being served a 5 day Notice to Vacate (or Quit)? What is the basis of the Notice to Vacate? Unpaid rent? Something else? Options available depend on all the circumstances. Without knowing all the circumstances, any opinion would be quite limited.

Q: What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!

1 Answer | Asked in Appeals / Appellate Law for Maine on
Answered on Mar 30, 2019
Fred Bopp III's answer
I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.

Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on
Answered on Mar 28, 2019
Gary Kollin's answer
You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an attorney in Alabama

Q: Does the surviving spouse have the right to appeal medical bills on behalf of the deceased spouse in California?

1 Answer | Asked in Appeals / Appellate Law and Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
The surviving spouse should file a petition for probate to determine which bills are of the deceased spouse, and which bills are of the surviving spouse. Then, the surviving spouse can reject any improper medical bills of the deceased spouse's estate.

Q: Can you file on criminal fines? Like misdemeanor Charges?

1 Answer | Asked in Bankruptcy, Appeals / Appellate Law, Gov & Administrative Law and Government Contracts for Arkansas on
Answered on Mar 22, 2019
Timothy Denison's answer
You cannot discharge the old fines not can you discharge the student loans. The medical bills should be dischargeable.

Q: How do I get a form to appeal termination of parental rights

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Answered on Mar 15, 2019
Pete David Louden's answer
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.

Q: Say a CPS investagtor lies in their affidavit and there is proof but no one will listen to you what do ubdo

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for Texas on
Answered on Mar 11, 2019
Rahlita D. Thornton's answer
The answer is that you hire an attorney to represent you for guidance and direction. Your answer is not a simple one. To take legal advice from one who has just only read your facts is problematic. Consult an attorney with your proof of your allegations.

Q: Can the second Department Appellate Division deny you leave to appeal a 440 denial without reason?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Feb 25, 2019
Gary Kollin's answer
Although this question asked about a power law in Florida, the context of your question seems to refer to New York law. Please correct and resubmit

Q: Is hearsay admissible after the 10 day hearing of a dfcs case? Can you sue if they've done this?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Answered on Feb 19, 2019
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

Q: hello i have a question regarding a case .child molestation case

1 Answer | Asked in Federal Crimes and Appeals / Appellate Law for Rhode Island on
Answered on Feb 16, 2019
Neville Bedford's answer
It is probably best to address that in private with your attorney.

Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go to the County website and check its local rules. Good luck.

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