My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?
Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.
PRO SE APPEAL: BASIC QUESTION:
(1.) I am filing an appeal for "Case "A". Can I use certified transcripts (relevant testimony) from a related case ("Case "B"") even though I'm not appealing from what happened in "Case B"'s hearing?... Read more »
In general, no. The evidence (the transcript) in Case B was not before the court in Case A. The judge perhaps could have been asked to take judicial notice of the Case B evidence, but presumably was not so asked.
Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.
In the state of Florida
You should unless the judge has changed bond conditions that make bond impossible
I received a call from a woman who says that his co-defendant confessed to the murder the day after it happened and now has been in contact with him and he wants to come forward. How should we do this properly?
Contact Florida postconviction attorneys who offer free initial consultations to find out what can be done at this point. Call around and find one you like.
A motion to dismiss concerns the pleadings (your complaint, in particular), which have to do with allegations, not evidence. Evidence, as such, would not have been introduced at this stage. So if you were to appeal the issues in the appeal would be whether the factual allegations in your... Read more »
I need an affordable appeals lawyer .
Yes, and your attorney needs to file a motion for rehearing in the original (trial) court, ASAP.
Any murder whether intentional or not that happens during the commission of a dangerous felony falls under the felony murder rule. All people who either conspired to commit the dangerous felony and/or actively participated in it can be prosecuted for felony murder. This is irrespective of whether... Read more »
My notice was filed Oct 24 they actually pca my brief and the rehearing.. A week after i get the mandate i get this order art.1 sec.16(b) 10(b) is this why i was pca
From the question, it is impossible to answer: if you received an order from an appellate court saying the appeal of the denial of your Rule 3.850 motion was untimely, the notice of appeal likely wasn't filed within 30 days of the trial court order denying your Rule 3.850 motion. If, instead,... Read more »
My husband was charged with robbery with a weapon and sentenced to 15 years to life he currently has been incarcerated for 21 years the victim recently sent a notarized statement stating my husband was not the person who committed the crime ,he stated who the real person who committed the crime was... Read more »
This is, of course, a very difficult situation to be in, and it isn't a simple process. There are many many qualified licensed Florida attorneys who handle postconviction work for inmates and their families who will be happy to give you a free consultation - there is more information needed to... Read more »
If dcf files a petition for an emergency removal and the statments they have obtained and are using as evidence in the petition can be proven untrue example, "if they say they have spoken to someone but they actually have never spoken to them" what can the parents do about the situation... Read more »
The family will have to hire a lawyer to represent the PARENTS of the child now in DCF’s care.
You might call up you trial level lawyer and ask what sort of issues might work on appeal. During this conversation ask about motion, evidentiary rulings and so forth. You could also go onto the clerk’s electronic docket and download copies of all interesting documents. Being so informed you... Read more »
I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer... Read more »
You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »
He's been in since the age of 17 for robbery. What can I do to try and get a reduced sentence? We are inclined to believe that sentence is excessive therefore violating the 8th amendment
You are not providing any factual information necessary to make determinations as to whether the punishment herein violates the 8th Amendment. You should seek a lawyer immediately and have this file thoroughly reviewed.
It ws a jury trial and the TX supreme court is handling the appeal. I am trying to find out if my award over 4 mill will be lowered because of the cap placed on civil suits in December. I won my case lat February and the law wasnt passed until December, but is still under appeal the appeal... Read more »
Ask you lawyers if the cap is retroactive. It pertains to Texas law, not that of Florida, so for Texas questions you should ask at Justia > Ask a Lawyer > Texas.
Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery... Read more »
What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?
No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often... Read more »
A decision can take anywhere from a week to a very long time.
to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money... Read more »
I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.
Can she legally bail me out of jail the next day
yes, but use a third party
1 felony charge= Loss of both medical certificates& licenses.
Loss of livelihood. Advice?
Reasonable people would research competent Florida criminal appellate attorneys and consult with as many as necessary until they found someone they wanted to hire, then hire them.
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