Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
If you violated a protective order that you were told was lifted but was not and then a sheriff came over and tried to arrest you with a warrant that he wouldn't show you and you were in your house and he was not invited in. He reached through the doorway and grabbed your wrist and you stepped... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Feb 8, 2025
Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.
As the... View More
My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jan 27, 2025
Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Dec 30, 2024
Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More
the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More
![John Cucci Jr. John Cucci Jr.](http://justatic.com/profile-images/1665995-1629079705-sl.jpeg)
answered on Dec 3, 2024
It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.
If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your... 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
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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?
![Natalie Barletta Natalie Barletta](http://justatic.com/profile-images/1671785-1724880013-sl.jpeg)
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
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
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
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
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
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 FAILED WITH MY PERTITION AND NEED A RESPONSE.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
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
my son was charged with aggravated sexual assault and given 82 years in prison but filed an appeal but his court appointed attorney hasn't communicated at all with him is this normal? i cant afford a private attorney for him I am afraid dead lines will be missed and he hasnt even spoken to him... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 24, 2024
Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More
Inadequate representation of legal counsel.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 21, 2024
You always have the legal right to appeal even if you have no chance of prevailing.
In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant... View More
The insureance proceeds are to replace exempt property there fore should be treated as such. I need help with my brief for the court of aappeals
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 20, 2024
I handle civil appeals in both state and federal court. Presumably, competent trial counsel representing you adequately preserved your complaint for review by the appellate court. Our firm typically requires a minimum retainer of $25,000 for a civil appeal, although this amount could be higher if... View More
After the hearing and considering the evidence this court is of the opinion that the plantiff is entitled to possession of the property located at xx I am The defendant xx and this is the judgment of possession is a petition for forcible detainer it is ordering accordingly order decreed that... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 6, 2024
This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More
The landlord LLC filed as the Plaintiff, which is illegal, They misrepresented the agent for the LLC and lied in court, they also didn't give me a 7day notice before receiving the 3day notice to vacate.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 30, 2024
See Rule 510.8(d)(3) and 510.13 of the Texas Rules of Civil Procedure. Ordinarily, a writ of possession will not be issued if you timely perfected your appeal and have timely paid rent into the registry of the court. If a writ has been issued, you can stay execution of the writ if it was... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 28, 2024
An ordinary appeal can be filed in any case within 30 days of the date a final judgment has been signed by the court. If certain post-judgment motions are filed, or if a party did not timely receive notice of the judgment, that time could be extended, up to 105 days after the date a final judgment... View More
The case is in TX. The magistrate judge didn’t send the Pro Se the Pro Se guidelines, notice to serve, didn’t provide an attorney when he was far below 125% of poverty line, even till date. The court says it sent notice to Pro Se, but returned to court after 67 days. The Pro Se didn’t get... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 13, 2024
Yes. Filing a frivolous "misconduct" claim against a U.S. Magistrate Judge with an appellate court does not stay or delay the proceedings in the district court. The district judge can continue to rule on pending motions, including motions to dismiss, and it is very unlikely that the... View More
I am representing myself and need some guidance.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on May 2, 2024
If this is a request for a de novo hearing from an Associate Judge's ruling, you must set the de novo hearing before the district judge within 30 days of the date that the AJ issued his/her ruling.
You then proceed at the de novo hearing exactly like at the original hearing,... View More
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
![Penny Wymyczak-White Penny Wymyczak-White](http://justatic.com/profile-images/307050-1646336713-sl.jpeg)
answered on Apr 29, 2024
You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Apr 25, 2024
You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More
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