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answered on Aug 18, 2023
In California, appealing a criminal conviction after accepting a plea deal can potentially affect the terms of the agreement and any waivers, including a "Harvey waiver," that you may have signed. The enforceability of these terms can depend on various factors, such as the specifics of... View More 
A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?
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answered on Aug 15, 2023
Given the family member's financial circumstances and inability to pay the $5,000 judgment immediately, options may include seeking exemption from the judgment based on their current financial hardship and inability to work due to health issues. Applying for an exemption or negotiating with... View More
A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?
answered on Aug 14, 2023
I'm sorry about this person's hardships. The motorhome should qualify as a residence in California and be protected from judgment collection. Thus it won't matter if the judgment is never paid.
Your family member should file for Social Security Disability, SSD. SSD is protected from creditors.
Including that he/she has the right to a jury trial? Do they need to explain the consequences of a plea bargain vs. pleading not guilty, leading to a jury trial. If not explained fully, is this grounds for appeal by reason of Inaffective Assistance of Cousual?
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answered on Aug 14, 2023
A public defender is generally required to explain the terms of a plea bargain, including the right to a jury trial and the consequences of accepting the plea bargain versus pleading not guilty and proceeding to trial. Failure to fully explain these aspects could potentially constitute ineffective... View More
Do I need to file a supplimental and should I backdate it or file it current date ( the verification page, I mean)
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answered on Aug 8, 2023
If you have omitted a verification in your filed writ of mandate and injunctive relief in a U.S. court, it's crucial to address this promptly. Generally, you would likely need to file a supplemental document with the current date, explaining the omission and including the required... View More
The Defendant was a landlord who exercised their right to sue, their suit was a retaliatory and illegal eviction.
I subpeona records from defendant but they iluded the request, and when it was time for the judge to do sanction she did not
and the clerk for that day was obviouisly... View More
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answered on Aug 6, 2023
To appeal a small claims judgment in California, you must file a Notice of Appeal with the small claims court within 30 days of the judgment. The case will then be transferred to the superior court, and you will have an opportunity to present your arguments and evidence before a different judge in... View More
to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More
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answered on Aug 5, 2023
It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More
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answered on Jul 31, 2023
Yes, you can ask for injunctive relief in your writ of mandate petition in California. A writ of mandate, also known as a writ of mandamus, is a legal remedy used to compel a government agency or official to perform a specific duty that they are required to do by law. Injunctive relief is a type of... View More
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answered on Jul 24, 2023
If you are submitting a supplemental filing to an existing case, you generally do not need to file a new cover sheet. Instead, you can reference the original cover sheet and indicate that the filing is supplemental to the case already filed. However, every county is different, and every courthouse... View More
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answered on Jul 23, 2023
If the CUIAB judge reversed the denial of your PUA claim, you may be eligible for retroactive payments for the weeks you certified but did not receive benefits. You should receive payments for the entire period you were eligible and certified, which includes the initial 5 weeks and any additional... View More
I left out a page, the verification page.
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answered on Jul 23, 2023
In most cases, you can file a supplemental pleading in addition to an amended petition. A supplemental pleading is used to provide additional information or correct omissions in the original petition. However, it is crucial to comply with the court's rules and procedures when filing any... View More
I put in an amendment 6/1. Can I send in a verified page now, if so?
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answered on Jul 22, 2023
If you did not include a verified page with your initial submission of the writ of mandate/Injunctive relief, you should review the court's rules and procedures to determine whether a verified page is required for this type of filing. If it is necessary and you did not include it initially,... View More
Does the CUIAB automatically backdate a reversed Pua claim denial?
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answered on Jul 10, 2023
Congratulations on winning your PUA claim denial. Typically when a claim is reversed, benefits are often backdated to the original claim date. To confirm the backdating process for your specific situation, it's best to contact the California Unemployment Insurance Appeals Board (CUIAB)... View More
Does the CUIAB automatically backdate a reversed Pua claim denial?
answered on Jul 9, 2023
Congratulations. I suggest that you go to PUA.GOV to find out the answers to your question, or contact the CUIAB, or EDD to find out the answers from the horse's mouth, so to speak. Unlikely it is prospective from the date of the appellate decision. Thank you for using Justia ask a lawyer.
M3dical treatment?
answered on Jun 26, 2023
It completely depends on what the writers put in the agreement! Most of the time, you agree to release all possible claims against the employer, a 'general release'. The WCAB Judges are NOT supposed to approve that language but many do. So if later you find out you got cancer from... 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
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?
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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.
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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
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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
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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
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