Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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
answered on Aug 27, 2018
We would need more information to determine if the father is within the appeal time limitations. Whether an appeal may be successful depends on several factors. I suggest you speak with an attorney as soon as possible if you have a recent adverse decision against you.
answered on Jun 8, 2018
You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.
This is child support from over 13 years ago
answered on Apr 23, 2018
If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence -... View More
40-6-350 rights were taken from me.
answered on Apr 12, 2018
Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.... View More
I'm in a DFCS case and they're doing everything wrong. I filed a notice of appeal 4 months ago and they will not send it to the court of appeals. I have a legal right to an appeal a direct appeal. I filed a different notice of appeal today but my question is what can I do to force them to... View More
answered on Feb 11, 2018
You need to contact an appellate attorney to discuss your options for an appeal. Typically, orders in dependency cases are not direct appeals and you would need to apply for the right to appeal.
Even if the judgement rendered was against Ga law
answered on Jan 13, 2018
Yes! Until it is reversed on appeal the trial court's order is in full force and effect.
I want to file a motion for discovery but I have filed a notice of appeal. Should all contact be cut off while undergoing the appeal or should I still file the motion for discovery?
answered on Oct 31, 2017
There is no such thing as a motion for discovery. You need to consult with a family law attorney. It is possible that you have a good case, but because you do not know the rules of the court, those facts may never come to light. if your case is still pending, an appeal will most likely be... View More
Just got a verdict against me in a rear end car accident , where my car was totaled. The opposing attorney entered closing statements that should not have been said, but was and this dissuade the jury against me. Is there any way I can get an appeal against this verdict?
answered on Oct 9, 2017
You had an attorney I assume. Not clear if you were plaintiff or defendant. Most states have an appeal as of right. You have a certain number of days to appeal and may have to file a request for new trial first.
I applied for my WCL in the state of Georgia, and i was denied for the history pulled indicating a Battery (Misdemeanor), Disposition: Informal Probation; Additional Information: "Need final disposition and police report, possible domestic violence."
I do not recall this event. I... View More
answered on Aug 28, 2017
Sounds like the easier approach would be to get a certified copy of the disposition of the battery charge in question.
If you need further information, visit my website at www.LevinLawyerGa.com.
answered on Aug 15, 2017
Yes, from an analysis of other similar cases, from the Clerk of Court. Some are fully automated, and some are not.
The defense attorney brought up an old self defense charge, that was dismissed 10 years earlier, during a trial that relied mostly on character evidence despite putting in a motion of limine (at the request of the defendant) specifically requesting that this non indicted charge remained off record.
answered on Aug 15, 2017
This issue seems to be very likely to be ineffective assistance of counsel, but (without reviewing the whole case) there is no way to give a definitive answer. A motion for new trial would have had to be filed, within 30 days of conviction, to be able to review this aspect of his/her appeal.
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.