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Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My lawyer didn't tell me I had ten days to motion for reconsideration with the appeal court.

he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.

Charles William Michaels
Charles William Michaels answered on Sep 15, 2021

I'm sorry, but what is your question?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 24, 2021

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I been convicted of murder with no evidence no body,DNA,or blood I didn't do this crime can anyone help

I had a codefendant that was sent home on probation he was the only witness he was sent home via plea by a different judge due to the fact he worked for my trial judge I asked my judge to recuse due to this fact she stated that it was true he did work for her but refused to recuse herself from the... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.

For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Do I have to have a lawyer to file the retro first offender motion?

I was charged with a felony entering auto in 2009 and was tryin to get it taken off my record for a better job. I Was curious if it is something I could do on my own or If I have to get an attorney to do the process.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If a lawyer claims he or she was ineffective at trail how dose that help a person who was sent to prison for nothing

I'm sitting in prison with life cause someone say I kick somebody in the neck and made them die from a UTI from a unclean catether cause they didn't chip on a fifth of liquor and they got me sitting in prison for something that never happened

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 14, 2020

Ineffective Assistance of Counsel is a common issue on appeal where the appellant (the one appealing the conviction) asserts that there is a high likelihood that the outcome at trial would have been different, but for the ineffective counsel. Your rights to an appeal are time sensitive so it will... Read more »

2 Answers | Asked in Appeals / Appellate Law and Child Support for Georgia on
Q: How do you appeal a child support order when I found proof of $4000 he removed from our joint account and never replaced

We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 9, 2020

You may not be able to do anything. Evidence you found after the fact that you could have found before is not a reason to reopen a case,

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do I obtain a pro bono attorney for an appeal with the Georgia court of appeals?

My motion to suppress was denied but it shouldn't have based on Georgia and federal law

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

A Georgia attorney could advise best, but your post remains open for a week. You could search under legal aid and pro bono-related entities. Finding pro bono counsel could depend on the nature of the matter - organizations that offer their services in this area tend to apply guidelines in limiting... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is a res judicata matter concerning a stale warrant an appealable issue in a wrongful murder conviction?

The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.

1 Answer | Asked in Criminal Law, Adoption and Appeals / Appellate Law for Georgia on
Q: My ceillling is leaking sewer water an the hotel want move me or fix issues its making me ill my asthma is awful
Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

A Georgia attorney could advise best, but your question remains open for a week. This is not an appellate law matter; it is a health matter that needs timely attention. Have them move you or repair the problem if those are the immediately available options. You could sort other issues out after... Read more »

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: For an appeals case in GA, do I include everything I sent to District Court in my brief?
Charles William Michaels
Charles William Michaels answered on Aug 2, 2020

First, I am not a GA lawyer. That being said, usually the clerk of the lower court sends "the record" to the appellate court. That is usually everything in the case being appealed--docket entries, pleadings, discovery, motions, transcripts, orders, etc. And generally, the party appealing... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Support and Family Law for Georgia on
Q: contempt for not paying child support and attorney fees, sentenced to jail, can they appeal to avoid jail

If a party has appealed existing court orders (lost appeals, even GA Supreme Court) and has not paid a dime, at the contempt hearing, if the party is found in contempt, can they avoid jail by filing an appeal to drag the case out? What GA case law could be used to prevent appealing if indeed the... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 29, 2020

We would need to know about the specifics of your case in order to provide you with guidance. You should consult with an attorney who can review the facts and provide you with guidance that is unique to your case. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If there's No Minutes of the return of indictment, is the indictment valid.

I don't think that the indictment was properly returned, an the clerk says there's no minutes of the indictment being returned

Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 20, 2020

It is best to contact an attorney as soon as possible who can assist you with your case.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: My brother was tried on a murder trial with 2 co defendants is that grounds for a appeal
Charles William Michaels
Charles William Michaels answered on May 13, 2020

If there was no motion at trial for separate trials (and that motion was denied), I don't see that a trial with co-defendants is a sole grounds for an appeal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is there anyway possible that my wife could be released from the bartow county jail
Ellaretha Coleman
Ellaretha Coleman answered on Mar 22, 2020

That depends. Depending on her charges, she may be eligible for a bond. You should speak with a criminal defense attorney to see what her options are.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: I really have a few questions need help plz.

Georgia DFCS is trying to terminate my rights when I've done what they ask. Please someone help me find out how to file appeals and know my rights.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You need to immediately consult an attorney to discuss your options.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: What happens when a inmate did not get a initial appearance , preliminary hearing or arraignment but the court is ready

for trial in Georgia? What law and constitutional right was violated? He had charges in two counties for the same crime and have been sentenced in one of those counties. The lawyer was retained for both counties but did not do anything for the one that is ready for trial now, so he was fired. I do... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 12, 2020

Your circumstances are unfortunate. More information Is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible. It is I’ll advised to proceed without an attorney.

We are glad to assist you. Contact us whenever you are ready.

I wish...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can you change guilty plea years after ?

I pled guilty to domestic violence SIMPLE BATTERY and in turn they dropped the mother of my childs DV battery to disorderly conduct after admitting hitting me . and in the police report she stated she was the obvious aggressor.

Now i regret it and want to know the process if at all... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 1, 2020

More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a definitive answer.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
Read more »

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