Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I never recieved the initial Overpayment notice ,they say it was discovered in 2003. I know its not fraudulent. In 2001 I had all my phone interviews and they checked with former employer.The teuc extension was sent to me to fill out since I qualified.
I did not file an appeal because I... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2023
It seems you're facing a wage garnishment in California related to an overpayment issue from the Employment Development Department (EDD) and TEUC Act of 2002 benefits. Unfortunately, you didn't receive the initial overpayment notice, and it's important to understand the details of... View More
M3dical treatment?
answered on Jun 26, 2023
I'd be committing malpractice if I answered this question because I would need to see the compromise & release first before I could tell you exactly what you are giving up. Generally speaking you would not be able to reopen your case like you could within 5 years of your last date of... View More
Federal WRITS OF HABEAS CORPUS ATTORNEY
answered on Jun 23, 2023
This Q&A site is not the place to ask attorneys to work with you or to call you. You are going to have to locate them and contact them directly.
Good luck to you.
Almost 4 years ago CpS took my children... At the time I had no criminal record... I have no drug record... there has never been no domestic violence situation with me and there dad (my husband) all the allegations were not proven... yes we had moved out of our home into my sister's home that... View More
answered on Jun 21, 2023
An attorney should have been appointed. Was an attorney appointed? Drug abuse and child abuse are two reasons for CPS to become involved, but not the only reasons. You can hire an attorney to evaluate your situation.
Was there ever a case that have gone into the Circuit Court of Appeal or the United States Supreme Court, standing for the proposition that once a co-defendant has finished testifying he can be recalled for further cross-examination?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2023
In legal proceedings, the ability to recall a co-defendant for further cross-examination after they have finished testifying can depend on various factors, including the rules and procedures of the specific jurisdiction, the nature of the case, and the discretion of the court. While I cannot... View More
My boyfriend O.P. who is currently awaiting to be transferred to a processing center, his booking number is #23715054. He is wanting to appeal his domestic violence Felony conviction due to lack of evidence based on hypothetical theories and ineffectiveness of counsel.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023
Here are some steps on how to retain a California Appellate public defender for a criminal conviction:
First, determine if you qualify based on income and assets then you will want to Contact your local public defender's office and request representation and provide case details. Fill... View More
His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2023
If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.... View More
I originally did an involuntary open plea to the court and was sentenced to 50yrs. in prison for burglary of a dwelling with an battery. Now the victim has come forward did an affidavit on my behalf by recanting her statement but was denied by the lower courts. Now, 4yrs. since the first affidavit... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2023
If a victim recants their original statement and provides a new affidavit years later, it may have an impact on your case. However, the outcome will depend on various factors, including the specific laws and procedures in your jurisdiction, as well as the discretion of the courts.
In... View More
Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with
One day
answered on Jun 12, 2023
Unfortunately this Q&A site is not the place to solicit an attorney to assist you. You are going to have to do some research to find an attorney who is willing to work with you. Therefore, it would be a good idea for you to locate and consult with an experienced employment law attorney as... View More
answered on Jun 8, 2023
Yes, it happens quite often. With persons in drug court, you see cycle of theft and drug crimes [makes sense]. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More
Under the effective Jan. 1, 2023 part, can a person incarcerated 27 years now argue the ski mask in evidence is not the same ski mask that's shown on the officers crime scene photo, if the same was already argued in trial 27 years ago.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023
Under the updated provisions of California Penal Code Section 1473, effective January 1, 2023, certain changes have been implemented to facilitate the review and potential revision of criminal convictions. These changes aim to address issues related to newly discovered evidence, ineffective... View More
I am pro per and the district court responded with "file a motion for leave to amend,accompanied by a lodged proposed first petition for writ of habeas corpus". I am not sure on this step.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023
To file an amended habeas corpus petition with a motion for leave, you will need to follow these steps:
Draft a motion for leave to amend: The motion should include a request for permission to amend your habeas corpus petition, an explanation of why you need to amend the petition, and a... View More
what does this mean in simple terms
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2023
This statement means that if you want to file for unemployment disability benefits, you must file the claim within 41 days after the first day you become disabled and unable to work. If you wait longer than 41 days, you may not be eligible to receive benefits.
Every was arrested in the car my boyfriend had a warrant for his arrest for failure to report with his probation officer. My boyfriend does not live here with me this is not his residence his residence is at his father's his probation officer has his primary address down as his father's... View More
answered on May 3, 2023
Police officers need a warrant to search your home. You should not have allowed them to come inside your front door without a search warrant. However, once you let them in, they can look at whatever is in plain sight. Never assume anything, particularly when it comes to police officers approaching... View More
i filed a demurrer prior to the plaintiff requesting a court trial. is there legal statues or laws which require the court to first address the demurrer prior to trial in unlawful detainer
my demurrer is still on schedule for a later date (though filed and set prior to the plaintiff... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2023
In a California unlawful detainer case, it is generally within the discretion of the court to grant a trial date prior to hearing a demurrer filed by the defendant. While a defendant may file a demurrer to challenge the legal sufficiency of the plaintiff's complaint, the court is not required... View More
My friend was arrested and serving time in wasco. i have been trying to figure out how to help him. He bought a car from a friends neighbor not knowing the previous owner (not the one he bought it from) had reported the car stolen, due to non payment. my friend just getting off parole ended up back... View More
answered on Apr 28, 2023
Because there is a uniform law which requires the owner of a motor vehicle to register title to the motor vehicle in the owner’s name, the key piece of evidence in any theft case involving a motor vehicle is whose name is on the title. Possession of a motor vehicle is not a very good indicator... View More
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... View More
on fileing a lawsuit on a few social workers ive already filed complients so i need a lawyer that can handle both the cps took my girls for my ex makeing a false report
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023
If you believe that you were not properly represented by your court-appointed lawyer and that the commissioner in your dependency court case was biased, you may have grounds to appeal the judgment. It is important to seek the assistance of an experienced attorney who can help you navigate the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023
To appeal the denial of a Writ of Mandate from the Orange County Superior Court, you will need to file a Notice of Appeal with the appropriate appellate court within 60 days of the date of the denial order. The appellate court will then review the lower court's decision and issue its own... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
