Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Your current state is Ohio
Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.
answered on Nov 14, 2024
I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.
Ind. Code 16-37-2-2.1(r):
Before a... View More
My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More
answered on Nov 13, 2024
There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More
I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More
answered on Nov 4, 2024
Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More
He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More
answered on Oct 31, 2024
Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More
answered on Oct 27, 2024
Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:
"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or... View More
We need to appeal a court order however the website is blocked. We are based in the UK and the court is in Kentucky.
answered on Oct 26, 2024
A Kentucky attorney could advise best, but your question remains open for two weeks. One possibility is that the court website might have restrictors that limit access beyond a given geographic radius - hence the difficulty in accessing from the UK. If that's the case, two possible options... View More
Regretfully we filed an appeal on a criminal decision ourselves without understanding the complexity of it, and very sadly our court appointed appeal lawyer wasn't helpful or even reachable. The appeal was denied for one thing and now going to Supreme Court in Michigan. Our question is can we... View More
answered on Oct 21, 2024
Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.
Appeals are terribly... View More
a judge reversed DETRs decision to deny me benefits and on the last day for the lawyers representing DETR to file any paperwork they filed for a motion to amend judgement and it was granted and the judge sent it back to DETR for review and instead of reviewing the case as directed by the judge DETR... View More
answered on Oct 8, 2024
Based on your description, it sounds like there may have been a procedural mishandling of your case by DETR, especially if they failed to follow the judge's direction and this resulted in financial loss. You may have grounds for an appeal, particularly if the judge was not informed of the... View More
My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?
answered on Sep 20, 2024
If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More
On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements
answered on Sep 9, 2024
Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.
If you have independent proof of such a statement (in other words, the... View More
Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More
answered on Sep 6, 2024
An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More
answered on Sep 3, 2024
I'm sorry this happened to you and your wife, given the difficult position you describe yourselves to be in. Depending on the underlying matter that led to the judgment, it could be worth exploring legal aid or pro bono assistance. Appeals tend to be costly and more complex than first-level... View More
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More
answered on Sep 3, 2024
Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.
In certain circumstances, a party can file a restricted... View More
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
I FAILED WITH MY PERTITION AND NEED A RESPONSE.
answered on Aug 15, 2024
I handle appeals to the Supreme Court of Texas. In a typical appellate case, our firm requires an initial retainer of $25,000 to begin work.
I am bothered by your statement that you failed with your petition and need a response, as that is very ambiguous. There may be a timing issue... View More
I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.
answered on Aug 13, 2024
Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More
I need a job but I have no way there so I really need my license how can I get it back or unsuspended for three years ?
answered on Aug 3, 2024
A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry that you have been saddled with such heavy fines at your age as a student. A starting point might be to reach out to legal aid organizations to request their assistance or guidance. Look into what... View More
This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?
answered on Aug 1, 2024
Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.
I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.
The contract was for hourly pay for a minimum of 300 hours. The CPA firm... View More
answered on Jul 29, 2024
It's crucial to consult with an attorney who can provide tailored advice based on your specific situation.
You have a strong position with a default judgment, but the defendant can file a motion to vacate the default judgment, potentially leading to further legal proceedings. Accepting... View More
I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More
answered on Jul 23, 2024
Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More
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