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Virginia Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: I have filed a VA state civil case. I am being stonewalled! At this point...I would like to file it; in federal court.
T. Augustus Claus
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answered on Oct 23, 2023

If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More

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Q: I need to talk to someone about a case where an inmate's constitutional rights and due process are being violated. Pleas
T. Augustus Claus
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answered on Jul 7, 2023

I'm sorry to hear about the situation. If you believe that an inmate's constitutional rights and due process are being violated, it is important to seek legal assistance from an attorney who specializes in civil rights or criminal defense. They can provide guidance and advice based on the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Virginia on
Q: I’m just now finding out about this and all of this is completely wrong and untrue! What can I do?

I was not in attendance during the appeal as my lawyer told me that I wasn’t allowed to be and was notified by phone that the appeal was not honored. I’m sure where this information come from or why the police made such statements but they are completely false! I’m assuming they’re getting... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2023

Take the appellate decision to an experienced appellate specialist for a review of your options.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... View More

Aaron Pomeranz
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Aaron Pomeranz
answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: A state appeal pending over 12 months what is the success rate
Charles William Michaels
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Charles William Michaels
answered on Mar 4, 2021

First, I am not a Virginia lawyer. That being said, there is just no way to know what the "success rate" is on appeal. Every case is different. But generally, the chance of winning on appeal is 15/20% if that. I can estimate the chances of winning a given case if I had more background.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
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Charles William Michaels
answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

1 Answer | Asked in Appeals / Appellate Law and Collections for Virginia on
Q: I was summoned to appear in court in 2018 but I never received any notice of the case. The judgement was defaulted.

I may have been deployed at the time but they gave no details in the paperwork I received on what the sum was for.

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2021

A Virginia attorney could advise best, but your question remains open for a month. It sounds like you might mean the other side got a default judgment against you based on non-appearance. You could consider reaching out to a Virginia attorney to review the file to determine if any options are... View More

2 Answers | Asked in Appeals / Appellate Law for Virginia on
Q: HELLO, What is the diference to appeal vs file a complaying with circuit court?

THE CIVIL COURT RECOMMEND MY CASE TO BE TRANSFER TO CIRCUIT COURT TO VERIFY PROPERTY OWNERSHIP

Charles William Michaels
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Charles William Michaels
answered on Nov 18, 2020

First, I am not a Virginia lawyer. However, I would need some more context to answer your question. The difference between an appeal and a complaint filed with the trial court should be obvious. An appeal is after the parties have litigated an issue before the trial court, received a final judgment... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... View More

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: Hello . I’m curious to know if you can appeal SC Code § 56-1-240.
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2020

A Virginia attorney could advise best, but your question remains open for two weeks. As a general matter, one doesn't usually appeal a law. They could appeal a court decision involving the law, or government action/outcome involving the law. If you want to appeal a government action under that... View More

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: found guilty [ petition show cause civil ]-ordered to pay , do you have legal right to appeal in va?

after found guilty ,ordered to pay by certain date , 90 days jailed without bond ,is that considered a final decision? - .judge did not sign case as final, untill after the arrest was made-after did not pay - by date given - . clerks office explain can not appeal case, not signed by judge as... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 8, 2020

First, I am not a VA attorney. That said, I do not think you have a final judgment, yet. I assume that you were found "guilty" of civil contempt, and I assume that was for not paying child support. Unless a finding of civil contempt is separately appealable (by VA statute or rule) that is... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Virginia on
Q: I need a civil lawyer that practices out of florida?
Tim Akpinar
Tim Akpinar
answered on May 1, 2020

You could repost in Florida. Your question remains open for two weeks, but was posted under Virginia. You might have better luck simply contacting Florida attorneys - this is only a Q & A Board. See the link above (Find-a-Lawyer), or you could run your own independent searches. Good luck... View More

2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Gov & Administrative Law for Virginia on
Q: Broker appeal REB decision? VA Supreme Court rule 2A:2(b) & 2A:4 within 30 days? What do I need to do? Thanks.

18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 14, 2019

There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/

In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer....
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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: How could I argue in moot court for Ogden knowing that Gibbons won in the Supreme Court?
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2019

You could argue the position because you know it's only an exercise. You could also look at things from the perspective of the 1800s toward navigation on the nation's waterways. Good luck

Tim Akpinar

4 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on
Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases
F. Paul Maloof
F. Paul Maloof
answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Appeals / Appellate Law and Child Support for Virginia on
Q: How long does a wife have to appeal a JDR court decision to reduce spousal support?

What is the VA statute/law for appeals from JDR to higher court?

Michael Christopher Miller
Michael Christopher Miller
answered on Jul 9, 2019

Va. Code § 16.1-296. Jurisdiction of appeals; procedure.

A. From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment,...
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1 Answer | Asked in Appeals / Appellate Law and Divorce for Virginia on
Q: I am looking to appeal a final order of a divorce case in Virginia
Michael Christopher Miller
Michael Christopher Miller
answered on May 16, 2019

You need to make sure your objections were presented to the judge so the judge has an opportunity to correct what you may object to. Note that orders become final 21 days after entry.

You must notice your appeal with 30 days of entry of the final order.

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2019

I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

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