Lawyers, Answer Questions  & Get Points Log In

California Appeals / Appellate Law Questions & Answers

2 Answers | Asked in Criminal Law, Federal Crimes, White Collar Crime and Appeals / Appellate Law for California on

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

To my understanding, Congress and the FBI are merely fact finding and while attorney generals can prosecute, sitting presidents or vice-presidents who may replace them if impeached, can simply pardon or grant clemency.

Ali Shahrestani, Esq. answered on Jan 14, 2019

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...
Read more »

View More Answers

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

Yes I've appeal my case and appeals court said the Supreme Court reversed and remanded it with directions. Ventura County Superior Court says it was conditionally reversed and remanded. Doesn't Supreme Court overrule Superior Court because as of January 4th 2019 they convicted me of the case and I... Read more »

Ali Shahrestani, Esq. answered on Jan 14, 2019

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... Read more »

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

Reading through my transcripts a friend asked if it was a jury trial? I said yea. Then he says I had a hung jury. He also tells me they should of dropped the charges. How did they convict me if my jury was deadlocked? Can a judge go ahead and find me guilty when this happens? There's so much... Read more »

Dale S. Gribow answered on Jan 10, 2019

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..............

View More Answers

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

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

My brother was sentenced to 65 to life for 2nd degree murder. Doubled due to 2 strikes and 25 to life for gun. Plus 10 years for attempted involuntary manslaughter on a stray bullet that hit the other victim who was also apart of the ordeal in the Hotel room. Arrested in 1999 sentenced in 2004. No... Read more »

Steven McNicholl answered on Jan 9, 2019

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

Is it fair that they can take 6 years to convict me. And there allowed to consaldated everything including the physical abuse? And I can't do anything about it. They told me I couldn't sue them until I was done with my criminal cases. And there is testimony in my transcripts that is missing. What... Read more »

Dale S. Gribow answered on Jan 9, 2019

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.

2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Civil Rights for California on

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

denied representation, excluded only my witnesses. 12 white people, 1 Hispanic bias, discriminating, DA, Judge, And jury. Couching of witnesses, who were Sheriff's, police brutality, pitchess Motion lied about the officers, using the dates or statute of limitations, to make sure there not liable.... Read more »

William John Light answered on Jan 8, 2019

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.

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on

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

So they did a Ex Parte Hearing Re DOC request for sentence review n i was never aware of the letter or the review of my case wen they fixed the error so isnt the ex parte hearing illegal then?

Dale S. Gribow answered on Dec 10, 2018

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.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on

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

N got sentenced n 2008 wel my bro never seen the paper work or waived his rights on a paper then the other paper i found was a week later from 2016 paper they had resentencing/modification hearing n corrected it nunc pro tunc reflect but is it legal for the court to not notify my bro about the... Read more »

Dale S. Gribow answered on Nov 22, 2018

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....
Read more »

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

Tim Akpinar answered on Oct 16, 2018

There is an online resource for finding cases called PACER (Public Access to Court Electronic Records).

Tim Akpinar

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for California on

Q: Can I appeal a restraining order against me.

I was given the evidence the day of my hearing and about 20 minutes before my hearing. Before the judge made her decision I asked for a continuous to get a lawyer to protect my rights and was denied.

Dale S. Gribow answered on Oct 1, 2018

Need more info

Was this criminal or family law proceeding?

When did you get notice of proceeding?

Why didn’t you have a lawyer?

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on

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

Donald Arthur Hilland answered on Sep 29, 2018

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... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for California on

Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians

We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... Read more »

Gary Kollin answered on Sep 27, 2018

Hire a lawyer familiar with Navajo law

1 Answer | Asked in Appeals / Appellate Law for California on

Q: Is there free lawyers who are willing to help serve justice in reinstating parental rights that proves purgury in case

I've been denied to provide evidence that would prove purgury in my case which harmed my reunification with my son

Angelina Bradley answered on Sep 26, 2018

Not likely. In LA, Levitt and Quinn does sliding scale work but I don’t know if they do appeals.

Appeals are time consuming, expensive, and most cases result in the trial court’s decision being affirmed.

That doesn’t mean don’t try. It does mean you have an uphill battle....
Read more »

1 Answer | Asked in Appeals / Appellate Law for California on

Q: Do people usually use the same lawyers for their appeals or is it better to hire someone else who specializes in it?

Robert D. Kreisman answered on Aug 18, 2018

I would suggest that it is generally better to hire an attorney who specializes in appellate work. There are just too many possible technical requirements in appellate work that if not met could foil your case .

1 Answer | Asked in Family Law, Tax Law and Appeals / Appellate Law for California on

Q: COUNTY OF LOS ANGELES VS MYSELF served copies of the SUMMONS AND COMPLAINT PARENTAL OBLIGATION.

The Local child support agency had the wrong address on file for me. I did not no of any court order for child support was in place. The other parent in this case applied for public assents for her and my kids, at the time of her applying she reported the income she was receiving from me. I was... Read more »

Tobie Brina Waxman answered on Aug 13, 2018

Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for California on

Q: Am I able to file an appeal as the father made false statements when really we agreed to split sons week off?

My ex and I have a son who went off track last month on July 9th until Aug 7th. But he had a week off before his actual off track vacation day which we split. I let my son stay with his dad July 4,5, and 6. Court orders state on the day off track vacation starts I am to have the first two weeks and... Read more »

Angelina Bradley answered on Aug 8, 2018

As a party to the proceeding, you can go down to the clerk's office and request a copy of whatever the judge ordered that day.

You do have a right to appeal if the order was a permanent order, however, you will need to file a notice of appeal within 60 days of the hearing. On appeal, you'll...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: I didn't finish a case from 2011 . I feel I was given insufficient advice and pressured into taking a bad plea.

I have community service and a class to finish. is there anything i can do besides go to jail?

Dale S. Gribow answered on Jul 16, 2018

much more info needed.

is it a DUI?

a lawyer has to put the matter On Calendar and then ask the court to quash the bench warrant that would have been issued. He will need an excuse to present to the court.

you can probably avoid jail but may have to start dui classes (if it...
Read more »

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law, Civil Litigation and Small Claims for California on

Q: How do I appeal/challenge a reversed Ex Parte order?

A woman stole my pets and began abusing and killing them. She would not allow me on the property to retrieve them, refused to communicate, showed many photos of my animals dead and dying, covered in blood, etc.

I got an Ex Parte order to get my animals from her. The police stupidly gave... Read more »

Thomas A. Grossman answered on Jul 15, 2018

I don't know enough facts about your case, but I don't understand why the police, or an animal control agency, doesn't immediately arrest this woman for animal cruelty. Something doesn't make sense. You should get a lawyer ASAP.

1 Answer | Asked in Appeals / Appellate Law for California on

Q: Can you appeal a decision in small claims court?

Gerald Barry Dorfman answered on Jul 9, 2018

Only a losing defendant can appeal in small claims court. A losing plaintiff can not. The appeal results in a brand new trial (called "de novo"), which will be heard by a different judge. At the de novo hearing, unlike an original trial, lawyers are allowed.

3 Answers | Asked in Personal Injury, Appeals / Appellate Law and Health Care Law for California on

Q: The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy she suppose to take me in welchaire

The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy and was feeling pain in my lower back she suppose to take me in welchaire to my vehicle i had just delivered my baby and the nurse made false statement of me i felt discriminated and i have this back pain

Dale S. Gribow answered on Jun 21, 2018

with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.

not sure how that could cause back pain.

if you had fallen walking and broke something it might be a case to pursue.

i hope you and the baby are fine.

View More Answers

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.