Appeals / Appellate Law Questions & Answers

Q: My daughter is in prison because of her lawyers incompetence and we would like to appeal this. How would we do this.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Answered on Jul 26, 2017

This response may come too late for the poster's particular case, but may be informative for others.

What avenues of relief are available to a defendant, and applicable timelines, depend on whether the defendant entered a plea or was found guilty at trial. As you might imagine, appeal options are greatly limited in guilty plea cases. The first deadline, though, comes 42 days after sentencing in felony cases. Other relief may still be available, so it's wise to talk with experienced...
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Q: In appeals the record is incomplete and misleading should this be a concern my attorney doesn't think so?

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Jul 25, 2017

Quite possibly, this might be a problem. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: Son's father appeal child support and made me look unstable because I was living with family. I have my own apartment

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Answered on Jul 24, 2017

You need to get an attorney as soon as possible.
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Q: Can a defendant appeal a guilty plea that was made under distress?

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for New York on
Answered on Jul 24, 2017

a) that's not blackmail, that's part of a plea bargain

b) abuse from correctional officers should be brought up with a civil rights attorney, which you can reach out to me for a referral, I know a terrific one.

c) He did not "have to plead guilty."
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Q: Do I have until the end of Misdemeanor probration to complete my comunity service hours if my regular fees are payed

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Probate for Georgia on
Answered on Jul 21, 2017

If you had an attorney, get his or her help to take the issue back before the Judge, as to your efforts to do as told, but impossible. Rural communities have far fewer community service alternatives.

The conditions of probation typically must be done long before the end of probation. I can't tell you the policy of your court and Judge.
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Q: Atty rep's A. B (mom) pays A's legal bill. A & B pld 5th at crim grand jury. B is arrested. Conflct if A is ltr arrstd?

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jul 19, 2017

Paying a bill alone does not make a conflict, information shared or testimony of facts in a case could.
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Q: Can my fiancee sue for short term disability after she appealed with work and was still denied?

1 Answer | Asked in Appeals / Appellate Law, Employment Law, Personal Injury and Social Security for Pennsylvania on
Answered on Jul 18, 2017

You should talk to a lawyer who handles those, however disability claim on migraines is very tough.
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Q: trying to get information about reviewing a felony case

1 Answer | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Florida on
Answered on Jul 18, 2017

You should consult with a post-conviction relief or appellate attorney familiar with criminal law. https://www.richardhornsby.com/crimes/assault/aggravated-assault.html
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Q: I'm doing 15 weekends in jail I need to go to crisis can they come back and make me do straight time?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Answered on Jul 18, 2017

This is too vague to answer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: I lost an unlawful detainer appeal and petition to rehear. The judges ruled on clerical errors.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Answered on Jul 18, 2017

What does an unlawful retainer have to do with a workplace injury? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Can an employer contest to unemployment decision if proceeding was denied?

1 Answer | Asked in Appeals / Appellate Law and Employment Law for New York on
Answered on Jul 17, 2017

The employer can appeal, but probably won't waste the time and money doing so.
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Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Answered on Jul 14, 2017

1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.

2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...
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Q: Hello. Will a proposed final judgment be sufficient to appeal after I dismissed the action?

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Jul 10, 2017

This question is too complex to answer in this forum. Review the case and options with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: If a civil case in New Jersey was won, how long the the loser have to file an appeal in Federal Court?

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Answered on Jul 8, 2017

If a case is lost in NJ at trial level, the next step is to seek an appeal to the Appellate Division. Appeals are expensive and the vast majority of them are not successful. You should expect to pay an initial retainer of $10,000 or more, plus filing fees and costs of transcripts. An hourly rate of at least $350 or more is not uncommon.There is no automatic right to appeal a State Court decision to Federal Court. Most decent attorneys will not touch a Federal Court case for less than $400 and...
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Q: looking for an attorney familiar with cps case to continue an ongoing case and if possible to file an appeal

1 Answer | Asked in Appeals / Appellate Law, Family Law, Gov & Administrative Law and Juvenile Law for California on
Answered on Jul 1, 2017

It's key to know the facts and review the filings here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: I was denied to be a TFC parent & denied an OKDHS foster kinship because I work. Even with a court order. What do I?

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Oklahoma on
Answered on Jul 1, 2017

Immediately You should consult an experienced Family Law attorney for help .

It would appear that a change of DHS caseworker is in order. You should document the prejudice by this worker. Your employment is not a reason to deny when suitable care is available during your work hours.
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Q: What is Coercion

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for California on
Answered on Jun 27, 2017

Coercion is tantamount to duress. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: Changes to OK §21-1713 (KNWNGLY CONC STLN PRPTY) on July.01.2017?

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Answered on Jun 26, 2017

Changes in the law are not retroactive unless the statute specifically states that the law is retroactive. This means that if the crime is classified as a felony at the time it was committed the crime is still a felony even if committed today it would have been a misdemeanor.
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Q: I just found out that i have been recorded for the past few months and its gone viral can I do anything to find out

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Internet Law for Texas on
Answered on Jun 25, 2017

Not enough information to discover how you found out and what was recorded. If you were in public, there is no expectation of privacy, making it more difficult to obtain relief. You may try contacting the administrator for the website to have it removed.
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Q: Can a domestic A&B be dismissed if police failed to view hospital parking security video & only had witnesses reports?

1 Answer | Asked in Domestic Violence, Criminal Law and Appeals / Appellate Law for Oklahoma on
Answered on Jun 24, 2017

In criminal law, there are very important time frames for appeals and motions to withdraw pleas.

You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!

Gary J Dean, Attorney
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