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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Washington DC on
Q: Where can I find a constitutional lawyer that will do contingency in Virginia or Washington dc

Need help asap need appeals federal court case

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

An attorney in those jurisdictions could advise best, but your question remains open for two weeks. If you don't have someone recommended professionally, you could run searches by going online, using the tab above (Find a Lawyer), or through attorney referral services of local bar... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Nebraska on
Q: wronfully convicted

awarded my appeal after being in work release but never notified so conviction stuck how do i go about this

Julie Fowler
Julie Fowler
answered on May 24, 2023

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... Read more »

Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: California Penal Code section 1473 has been around since the 1970's. What changed "effective January 1, 2023

Under the effective Jan. 1, 2023 part, can a person incarcerated 27 years now argue the ski mask in evidence is not the same ski mask that's shown on the officers crime scene photo, if the same was already argued in trial 27 years ago.

James L. Arrasmith
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answered on May 11, 2023

Under the updated provisions of California Penal Code Section 1473, effective January 1, 2023, certain changes have been implemented to facilitate the review and potential revision of criminal convictions. These changes aim to address issues related to newly discovered evidence, ineffective... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2023

I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Tennessee on
Q: Can someone be arrested on a bench warrant if they were incarcerated already on their court date?

So, someone I know got a speeding violation back in 2021 that required a court appearance. However, shortly after receiving the violation, they were incarcerated and put in prison for two years. Because of this, they were unable to attend their court date. Now, the day they were supposed to be... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

I agree with attorney Avery. Part of hiring an attorney would be for the attorney to get the client's outstanding bench warrant resolved so that the holds on the defendant are lifted-----whether this means getting the defendant transferred to that court to answer the bench warrant or perhaps... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I was convicted of a dui back in 2012 and it's my first conviction in fl how do I do the dui class if I live in nv

I have completed mental health program in nv can fl accept it as I did a substance abuse treatment

Kevin John Mawn
Kevin John Mawn
answered on May 10, 2023

You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I was convicted of a dui back in 2012 and it's my first conviction in fl how do I do the dui class if I live in nv

I have completed mental health program in nv can fl accept it as I did a substance abuse treatment

Jonathan Blecher
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answered on May 18, 2023

You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: How do i file an amended habeas corpus petiton with a leave of motion? What are the steps?

I am pro per and the district court responded with "file a motion for leave to amend,accompanied by a lodged proposed first petition for writ of habeas corpus". I am not sure on this step.

James L. Arrasmith
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answered on May 8, 2023

To file an amended habeas corpus petition with a motion for leave, you will need to follow these steps:

Draft a motion for leave to amend: The motion should include a request for permission to amend your habeas corpus petition, an explanation of why you need to amend the petition, and a...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Indiana on
Q: What's the possible outcome of me getting pulled over again?

Have class A misdemeanor for driving while suspended. Got pulled over again for no brake light. Drove because friend was sick & needed help to translate to English. I didn't get arrested. I got a ticket for court after made to exit vehicle. I was put on good behavior for the other one I... Read more »

Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... Read more »

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: My boyfriend was arrested today 05/03/2023 in front of my neighbors down the street approaching the neighbor's home. E

Every was arrested in the car my boyfriend had a warrant for his arrest for failure to report with his probation officer. My boyfriend does not live here with me this is not his residence his residence is at his father's his probation officer has his primary address down as his father's... Read more »

Louis George Fazzi
Louis George Fazzi
answered on May 3, 2023

Police officers need a warrant to search your home. You should not have allowed them to come inside your front door without a search warrant. However, once you let them in, they can look at whatever is in plain sight. Never assume anything, particularly when it comes to police officers approaching... Read more »

1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Criminal Law for Oklahoma on
Q: How do I appeal a lien that was illegally put on by city of spencer claimed they cleaned up and didn't clean it up

We we're fixing up my house and the pandemic hit we were quarantined on president order no evictions and they came and tore my house down but did not clean up the property but put a 10,000$ lein on my property stating they cleaned up my property the city of Spencer they only illegally tore my... Read more »

James L. Arrasmith
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answered on May 2, 2023

To appeal a lien that was illegally placed on your property by the City of Spencer, you should consider taking the following steps:

Review the laws and regulations: Familiarize yourself with the laws and regulations governing property liens in your area. Look for any rules or procedures...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... Read more »

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: In a CA unlawful detainer case, can the court grant a trial date prior to hearing a demurrer filed by defendant first?

i filed a demurrer prior to the plaintiff requesting a court trial. is there legal statues or laws which require the court to first address the demurrer prior to trial in unlawful detainer

my demurrer is still on schedule for a later date (though filed and set prior to the plaintiff... Read more »

James L. Arrasmith
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answered on Apr 29, 2023

In a California unlawful detainer case, it is generally within the discretion of the court to grant a trial date prior to hearing a demurrer filed by the defendant. While a defendant may file a demurrer to challenge the legal sufficiency of the plaintiff's complaint, the court is not required... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for North Carolina on
Q: At my adjucation hearing 1st time on, CPS filed for non-secure custody on half truths and lies that I can prove...

Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't... Read more »

John Michael Frick
John Michael Frick
answered on Apr 28, 2023

You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.

If you did present that evidence during the hearing, you can appeal the court decision.

As for “filing” against...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Buying a car that previous owner never paid off.... wouldnt that be lawsuit not unfair imprisonment?

My friend was arrested and serving time in wasco. i have been trying to figure out how to help him. He bought a car from a friends neighbor not knowing the previous owner (not the one he bought it from) had reported the car stolen, due to non payment. my friend just getting off parole ended up back... Read more »

James L. Arrasmith
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answered on Apr 28, 2023

It is possible that your friend's case could be a case of receiving stolen property if the car was reported as stolen by the previous owner due to non-payment, and your friend bought the car knowing or should have known that it was stolen. Intent is a key element in a receiving stolen property... Read more »

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Buying a car that previous owner never paid off.... wouldnt that be lawsuit not unfair imprisonment?

My friend was arrested and serving time in wasco. i have been trying to figure out how to help him. He bought a car from a friends neighbor not knowing the previous owner (not the one he bought it from) had reported the car stolen, due to non payment. my friend just getting off parole ended up back... Read more »

John Michael Frick
John Michael Frick
answered on Apr 28, 2023

Because there is a uniform law which requires the owner of a motor vehicle to register title to the motor vehicle in the owner’s name, the key piece of evidence in any theft case involving a motor vehicle is whose name is on the title. Possession of a motor vehicle is not a very good indicator... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Constitutional Law for Ohio on
Q: Can you think of a case that has won when the appellate files an appeal with the Supreme Court from the court of appeals

Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... Read more »

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... Read more »

Q: What can I do when I've now suffered mental duress, and financial debt, and am facing eviction, due to a late settlement

Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... Read more »

James L. Arrasmith
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answered on Apr 25, 2023

It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.

It's important to keep all documentation related to your case and settlement, including...
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