Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
answered on Aug 2, 2020
First, I am not a GA lawyer. That being said, usually the clerk of the lower court sends "the record" to the appellate court. That is usually everything in the case being appealed--docket entries, pleadings, discovery, motions, transcripts, orders, etc. And generally, the party appealing... View More 
If a party has appealed existing court orders (lost appeals, even GA Supreme Court) and has not paid a dime, at the contempt hearing, if the party is found in contempt, can they avoid jail by filing an appeal to drag the case out? What GA case law could be used to prevent appealing if indeed the... View More
answered on Jul 29, 2020
We would need to know about the specifics of your case in order to provide you with guidance. You should consult with an attorney who can review the facts and provide you with guidance that is unique to your case. -Homer P. Jordan IV, Esq. 404-620-1558
I don't think that the indictment was properly returned, an the clerk says there's no minutes of the indictment being returned
answered on May 20, 2020
It is best to contact an attorney as soon as possible who can assist you with your case.
We are glad to assist you. Contact us whenever you are ready.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
answered on May 13, 2020
If there was no motion at trial for separate trials (and that motion was denied), I don't see that a trial with co-defendants is a sole grounds for an appeal.
answered on Mar 22, 2020
That depends. Depending on her charges, she may be eligible for a bond. You should speak with a criminal defense attorney to see what her options are.
Georgia DFCS is trying to terminate my rights when I've done what they ask. Please someone help me find out how to file appeals and know my rights.
answered on Mar 15, 2020
You need to immediately consult an attorney to discuss your options.
for trial in Georgia? What law and constitutional right was violated? He had charges in two counties for the same crime and have been sentenced in one of those counties. The lawyer was retained for both counties but did not do anything for the one that is ready for trial now, so he was fired. I do... View More
answered on Jan 12, 2020
Your circumstances are unfortunate. More information Is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible. It is I’ll advised to proceed without an attorney.
We are glad to assist you. Contact us whenever you are ready.
I wish... View More
I pled guilty to domestic violence SIMPLE BATTERY and in turn they dropped the mother of my childs DV battery to disorderly conduct after admitting hitting me . and in the police report she stated she was the obvious aggressor.
Now i regret it and want to know the process if at all... View More
answered on Jan 1, 2020
More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a definitive answer.
We are glad to assist you. Contact us whenever you are ready.
I wish you well.... View More
answered on Dec 18, 2019
More information is needed before an answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
I can prove through transcripts and motion of Discovery how and when stick was planted
answered on Nov 30, 2019
Your circumstances are unfortunate. There is more that is required to provide you with answer to what I gather is a question about appealing your conviction. It is best to contact an attorney who can discuss the specifics of your case.
We are glad to assist you. Contact us whenever you are... View More
How long does clerk of court have to transmit the records of appeal? Was told by clerk they don't have a time limit and they have to find someone to do a transcript? Been going to court from January - June. Finally got an order on September 12, 2019. An appeal was immediately filed to... View More
answered on Nov 28, 2019
In order to provide you with an accurate answer, more information is required. We are glad to assist you. Contact us soon. I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
EX has appealed CS order and says he does not need to pay until appeal is decided. My attorney agrees and also that EX won't have to pay arrears if appeal is denied. How can this be true? Can he file appeal after appeal to avoid CS? How am I supposed to care for my son?
answered on Nov 28, 2019
If there is an existing order, your son’s father must obey it; to say that he doesn’t have to because he filed an appeal is false. The penalty for failure to comply with a court’s order is contempt.
You may benefit from contacting another attorney. More information about your case is... View More
Will a attorney take my case if I have strong grounds for a law suit claim
I want to appeal termination of my rights
answered on Jul 19, 2019
You can take your case to any family law attorney. They will review the facts of the case and see if there is anything they can help you with. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
I HAVE FILED A COMPLAINT WITH THE GEORGIA BAR ASSOCIATION. MY ATTORNEY STATED HIS COMPUTER HAD CRASHED THEREBY HE LOST ALL RECORDS, THE CASE WAS DISMISSED.
answered on Jul 5, 2019
On these facts alone, I cannot see the bar complaint coming to anything. Lawyers cannot control bad technology. However, better lawyers will likely have in place backup systems to guard against information loss in the event of technology failure. While the Bar may not provide redress in this... View More
answered on May 16, 2019
The primary issue in determining whether a plea is lawful is whether the defendant entered a knowing, intelligent and voluntary guilty plea. If the Court and/or your lawyer failed to inform you of your rights under Boykin, it could be grounds to invalidate a guilty plea. You should consult a... View More
I was in prison from 2009 to 2017. My attorney filed a post judgement motion and then a appeal from that motion. However, all judgements, convictions, and sentences from the trial court are directly appealable to the Ga. Court of appeals. There is also a O.C.G.A. statute that states a post... View More
answered on May 6, 2019
Honestly. Expect to pay a lot. I don't do Appeals, but the saying you get what you pay for rings very true in appeals cases. Be prepared to spend a large amount of money because the data review alone is hours. I hope this helps.
answered on Apr 22, 2019
Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.
Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.
Statute prohibiting trial court from giving first... View More
I have an ongoing dfcs case. Im fighting very hard to get my children back. Is it ok for them to use hearsay at the 10 day hearing? The dfcs worker and the social worker at the hospital have two accounts of what was supposedly said. Can they use this as sufficient evidence? Could they be sued for... View More
answered on Feb 19, 2019
You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
