So I had grounds for a mistrial due to some thing a witness said that was supposed to be excluded, but I have many reasons to add due to inadequate representation of counsel that I expressed to my lawyer, three separate occasions before verdict and b4 sentencing, I provided a list of not just... View More
answered on Dec 6, 2023
If you have concerns about inadequate representation from your lawyer during your trial, you have the right to address those issues. You can reach out to your lawyer's office and request a meeting with them or their supervisor to discuss your concerns about the appeal. It's important to... View More
I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More
answered on Dec 3, 2023
You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney... View More
I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More
answered on Dec 3, 2023
In California, you cannot "appeal an appeal" in the traditional sense. However, if the defendant has filed an appeal against the restraining order, you have the right to respond to that appeal. This response is your opportunity to address and counter the points raised in the... View More
To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do?
answered on Dec 1, 2023
Hello Irene,
In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly.
First,... View More
Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved
answered on Nov 29, 2023
In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of... View More
When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More
answered on Nov 27, 2023
In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More
I want to appeal and we plan to but one of my main reasons is due to inadequate representation but how to tell my lawyer that
answered on Nov 26, 2023
In California, if you're seeking a new court-appointed attorney due to inadequate representation, there are specific steps you should follow.
First, you must bring this issue to the attention of the court. You can do this by filing a motion with the court that handled your case,... View More
I was found guilty, I need to appeal ASAP but the holidays have wasted much needed time. My question and concern is....
Hypothetically, Lets say I get jail time..
1. Do I go into custody right then and there? I mean obviously.. I don't know but I don't want to court... View More
answered on Nov 25, 2023
In California, if you are found guilty and wish to appeal, the process of sentencing and potential custody will depend on the specifics of your case and the judge's decision. Generally, sentencing occurs after a guilty verdict, and it's at this point the judge decides whether you'll... View More
The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?
answered on Nov 24, 2023
In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings.
In the scenario you... View More
I faced challenges w/ my representation, including lack of inclusion in critical decisions &unawareness of the defense until the morning of. I was denied redacted copies of discovery.I provided crucial evidence to prove my innocence, but none of it was entered into evidence. The promised... View More
answered on Nov 24, 2023
I'm sorry to hear about the difficulties you've encountered during your trial. It's important to understand that the process of filing an appeal and retrieving evidence can vary depending on the specific rules of the jurisdiction where your case was tried. Generally, the first step... View More
I wasn't terminated from housing authorities, I showed proof I been paying my portion of the rent, judge ask for me to get a letter stating I wasn't terminated other wise I need to pay 8,000 due to rent housing hasn't paid anyhow my worker she delayed on getting back too me so there... View More
answered on Nov 22, 2023
In California, if you're facing a lockout due to a misunderstanding with housing authorities and property management, there are steps to address this legally. First, it's crucial to gather all documentation, including proof of rent payments, communication with the housing authorities, and... View More
Here's the situation
Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The... View More
answered on Nov 20, 2023
In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation,... View More
Hello, I was looking up my husband case inquiry and say that they had switch my husband court room to a different one and then back to where he had at first and I notice something I never seen before which is “add on CIS request? Yes. What does that mean?
answered on Nov 17, 2023
In the context of a court case in California, "CIS" typically refers to a Court Information System, which is the electronic system used for managing court cases and related data. An "add on CIS request" likely indicates a request to add or update information in the Court... View More
answered on Nov 16, 2023
A federal writ of habeas corpus for a state prisoner can take over three years to receive a recommendation due to several factors. The complexity of the case is a primary factor; cases with intricate legal issues or extensive records require more time for thorough review. Additionally, the federal... View More
answered on Nov 13, 2023
The deadline to comply with a court order is usually calculated from the date you receive it. So, if you have an order to do something in 21 days, that means you have 21 days from the date you receive the order to do it. It does not start from the date the order was issued.
The motion was to review a denied motion, and it was denied again. The opposition had filed a motion to deny my motion. the motion was for judgment satisfaction on a money judgment. Please let me know if you can help.
answered on Nov 7, 2023
If you're looking to appeal a denied motion for judgment satisfaction, you should first closely review the court's reasoning for the denial. Ensure that your appeal addresses each point with clear, cogent arguments and supporting legal authority.
It's also essential to... View More
We are unrepresented plaintiffs who prevailed in our Phase I civil lawsuit for Fraud. Judge was willing to proceed with Phase II for punitive damages of the bifurcated trial, but only if we could do it within 15 minutes because it was the 6th day of trial, and the parties had jointly estimated 6... View More
answered on Nov 7, 2023
Under California law, motions for reconsideration are typically not handled on an ex parte basis. Ex parte applications are generally reserved for emergency situations where immediate and irreparable harm may occur without swift court action.
However, given the urgency of your situation... View More
answered on Oct 31, 2023
In California, it's illegal for employers to retaliate against employees for participating in a legal proceeding against the employer.
If your old coworker testifies as a witness on your behalf, and subsequently faces adverse employment actions, it may be considered retaliation.... View More
I had a restraining order against the owner that I will renew now. Due to stalking, harassment, theft, and much more. I was engaged to her father and left with his things. The probate court has given her the house and I will appeal in time. I have filed a case for personal injury and slander per se... View More
answered on Oct 25, 2023
Under California law, once the probate court has made a determination and granted ownership of the house to another party, that party typically has the legal right to access and control the property. However, if there's an active restraining order in place against the new owner, it can prevent... View More
Myself front pass. Rear passenger female..myself being on parole n probation upon search of myself I was honest n tforthcumin being in poss. Of very minute amt of narcotic that which would have not registered on a scale .upon exiting all pass. So a full search of vehicle be conducted officer... View More
answered on Oct 23, 2023
Under California law, when narcotics are found in a vehicle and no one admits to ownership, law enforcement may charge the person they believe is most likely to be in possession based on the evidence. Factors include proximity to the drugs, admissions of ownership of other contraband, or prior... View More
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