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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

Q: Do i need to have someone look into a lawsuit i had then was dropped due to lawsuit open in different state i ever lived
Tim Akpinar
Tim Akpinar answered on Jul 25, 2021

A Kentucky attorney could advise best, but your post remains open for a week. That's up to you and your decision, but what you are describing seems to be not just a change of venue, but state (where it's possible elements of both states' rules of civil procedure could apply - only... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Insurance Defense for Idaho on
Q: I am having major issues with the idaho dol And am looking for representation. How do I get representation?

No one responds. No one will help. There are hundreds that that need help and no one gets back to us.

Tim Akpinar
Tim Akpinar answered on Jul 25, 2021

An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: Is my case appealable?

I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 20, 2021

The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
Arthur Calderon answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can a judge and the state deny me mention of a mental condition directly related to the instant offence?

State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.

Henry George Ferro
Henry George Ferro answered on Jul 16, 2021

This would be an issue for the appellate courts ….remember you generally have thirty days to appeal your case and your appellate lawyers should know what to do.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?

This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 16, 2021

Why don't you just share that with the criminal defense lawyer?

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ,is it double jepordy to have probable cause found after compliant,and advisory,

, then be released on your on R.O.R then compliant an advisory again on the same charge with probable cause found again with no amendment of the felony information.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

No, it doesn't appear that the information was ruled upon, so jeopardy never attached.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ask HOW can I obtain my jury instructions ? and WHAT does "Dummy Information provided to the jury mean
Michael P Mayoral
Michael P Mayoral answered on Jul 14, 2021

If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of... Read more »

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... Read more »

Virgil Royer
Virgil Royer answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... Read more »

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was acquitted of a crime on appeal. I had been order to pay restitution.

What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.

Charles William Michaels
Charles William Michaels answered on Jul 13, 2021

I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: WHO do I send the Motion for Rehearing to? Circuit Court? In florida
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

Rehearing are filed with the clerk of the court in which the decision was made…copies should be provided to opposing counsel and the court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: after a 3.600 is denied, HOW much time is there to file A. Motion for Rehearing
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

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

First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: 4th amendment violation by orange county sheriff's department several times after probation ended in 2012

I've been pulled over multiple times since 2012 being told I'm on probation, I'm on search and seizure and then go to jail for new cases . Now finding out orbeing told by the public defender who called over to the courts who confirmed I've been off probation (this is at central... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

more info needed.

most defendants know how long probation is going to be OR they call their lawyer to find out.

you were in front of the judge when s/he sentenced you and before that, your lawyer told you what the sentence would be if you pled.......AND you probably signed a paper...
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1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: Why wasn't the issue of EED not pursued on appeal? No more ineffective can an atty. be than ignore the compelling plea.

Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done

@ enough time for an EED and at 70 his heart condition will just about... Read more »

Timothy Denison
Timothy Denison answered on Jul 8, 2021

What is your question?

2 Answers | Asked in Appeals / Appellate Law and Social Security for Texas on
Q: Where can I get representation on a federal case? Concerning ssdi.
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 6, 2021

If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »

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