California Appeals / Appellate Law Questions & Answers

Q: Why didn't the DA know I wasn't In Prison? And why didn't they help me figure it out? Can they be getting paid for it?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Apr 14, 2019
Dale S. Gribow's answer
MUCH more info needed.

i would think if you have a PD that your questions should be addressed to him or her as they have ALL the facts

Q: Fiancé did time for a case 10 plus years ago, got arrested for a different type of crime did 7 years for. After 2weeks

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Answered on Apr 11, 2019
Dale S. Gribow's answer
MUCH More info is needed to properly evaluate your case.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear or in which you appeared.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and accident lawyers will offer a free consultation to review the facts.

Call a local attorney to discuss this...

Q: Civil Appeal pending. 4/2 served Notice to Vacate. Given 5 days. Unable to meet that deadline. OPTIONS???

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Apr 3, 2019
Louis George Fazzi's answer
I have so many questions that need answering before I could even attempt giving an opinion. Does the civil appeal have anything to do with being served a 5 day Notice to Vacate (or Quit)? What is the basis of the Notice to Vacate? Unpaid rent? Something else? Options available depend on all the circumstances. Without knowing all the circumstances, any opinion would be quite limited.

Q: Does the surviving spouse have the right to appeal medical bills on behalf of the deceased spouse in California?

1 Answer | Asked in Appeals / Appellate Law and Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
The surviving spouse should file a petition for probate to determine which bills are of the deceased spouse, and which bills are of the surviving spouse. Then, the surviving spouse can reject any improper medical bills of the deceased spouse's estate.

Q: Its for a Pn 273.5(a) My wife and I wanted to know?

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Answered on Feb 13, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED.

THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.

S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.

I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.

SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.

YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC

Q: Can the same court hold a new pitchess motion when they have already proven to be bias?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Feb 6, 2019
Dale S. Gribow's answer
i have always had problems in Ventura County too.

they treat lawyers as poorly as some litigants.

why not google legal aid and see what criminal lawyers come up that will handle pro bono or at a reduced fee

Q: Can my brother have his case reviewed under SB620 gunenhancements, if his conviction was in 1999?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
Have there been any appeals in the case thus far? Why the delay of 18 years? Habeas appeals law has equitable tolling provisions, but it's very fact dependent. Unless legislation is actually passed and explicitly made to function retroactively, it's considered proactive, as a general rule. 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,...

Q: Can I re appeal a criminal case that the appellate denied? For 2 degree robbery it’s been more than 8 yrs

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Answered on Jan 31, 2019
Dale S. Gribow's answer
much more info is needed.

are you saying you appealed to the court of appeals and lost?

i think the best person to ask is the lawyer who last represented the defendant on this matter...as s/he will have all the facts at hand.

Q: Is there any realistic scenario where the president and/or their cabinet can be adequately prosecuted for crimes?

2 Answers | Asked in Criminal Law, Federal Crimes, White Collar Crime and Appeals / Appellate Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
See: https://www.washingtonpost.com/news/democracy-post/wp/2018/08/29/yes-its-possible-to-indict-a-sitting-u-s-president-heres-why/?noredirect=on&utm_term=.0aa521a59207

You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...

Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case back to the lower court for a new decision with guiding instructions to the lower court on how they should best proceed to avoid another error in their decision-making process. You may want to hire a private attorney...

Q: Hung jury, can the judge find you guilty if your jury was dead locked?

2 Answers | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for California on
Answered on Jan 10, 2019
Dale S. Gribow's answer
more info needed

i do not know how that could happen

the best person to ask who would know all the facts is your lawyer.

what does he or she say..............

Q: Hello is there any new law in California that can help second degree murder find relief?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
There are no new laws that would affect the time sentenced to served in a 2nd Degree murder case

Q: Even if all cases were consolidated? 2012,2013,2015, it took them 6 years to convict me

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Jan 9, 2019
Dale S. Gribow's answer
much more info needed.

this question should be posed to the lawyer who represented you and is aware of all the facts.

it sounds like there would be a ton of info for a lawyer to review and lawyers are going to charge you to do so.

i do not handle this kind of matter.

Q: Can the DA only bring his Witnesses to trial, and exclude all of my witnesses? Can they also deny representation?

2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Civil Rights for California on
Answered on Jan 8, 2019
William John Light's answer
If these are real issues, your attorney should raise them in pretrial motions or in cross examination. If you don't have an attorney, get one.

Q: Yes the judge was sent a letter n saidthey found n error on my papper work,that the sentencing didnt match with the crim

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Dec 10, 2018
Dale S. Gribow's answer
MORE INFO NEEDED.

YOU WOULD BE BEST ADVISED TO ASK THIS QUESTION OF THE LAWYER WHO REPRESENTS/REPRESENTED YOU. S/HE WOULD HAVE ALL THE CORRECT INFO ON THE CASE AND BE ABLE TO PROVIDE ACCURATE INFO.

Q: 2016 clerical error on my brothers paper work online that he never seen n he is still in prison n he never waived his ri

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Nov 22, 2018
Dale S. Gribow's answer
MORE INFO NEEDED

SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.

THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.

EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS. IN ADDITION THE JUDGE WOULD READ THEM BEFORE IMPOSING SENTENCE.

HE MAY HAVE BEEN NERVOUS AND NOT BEEN AWARE.

Q: Need Famous Federal cases that prove reprisal in the workplace?

1 Answer | Asked in Gov & Administrative Law, Contracts, Employment Law and Appeals / Appellate Law for California on
Answered on Oct 16, 2018
Timur Akpinar's answer
There is an online resource for finding cases called PACER (Public Access to Court Electronic Records).

Tim Akpinar

Q: Can I appeal a restraining order against me.

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for California on
Answered on Oct 1, 2018
Dale S. Gribow's answer
Need more info

Was this criminal or family law proceeding?

When did you get notice of proceeding?

Why didn’t you have a lawyer?

Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on
Answered on Sep 29, 2018
Donald Arthur Hilland's answer
How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme court is like every court, except that you probably have to file online, but more and more courts are doing that anyway. But remember there are strict time limits for filings. Of course, there also...

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