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Can a convicted defendants still file for motion for reduction of sentence after filling a direct appeals
answered on Aug 15, 2017
That procedure used to exist, but the Legislature no longer has that law. Before, a panel of other Superior Court judges would evaluate the person's case, prior record, versus the sentence handed down.
If no appeal was timely filed, within 30 days, uour best best is (within the first... View More
answered on Aug 15, 2017
You will likely need to contact the attorneys in the case. Only certain cases have briefs available through Westlaw, which is an expensive service. Plus, this process for retrieval of briefs is new, relatively. Not all supporting legal papers are available, online.
Accident occurred in turning lane. 1st party was idling, waiting to clear the turn lane. 2nd car was driving in the turn lane, more than 300 ft from her turn, crossing over 1 lane of traffic. Distance was verified at 345 feet. I was cited for the ticket. GA code 40-6-126
answered on Aug 15, 2017
All police-issued tickets are based upon the officer's OPINION about what happened, and what was done. Then, a criminal defense attorney investigates and seeks to exclude illegal evidence or to refute the alleged facts.
answered on Aug 15, 2017
The Clerk of Court for that case will have some, but not all, items. Discovery is sometimes merely exchanged between prosecutor and defense attorney, and will not always be found in the file at the Clerk's office.
Some pre-trial motions and exhibits do not get transcribed. So, that... View More
I was charged for one felony offense in 2012. It is not a sexual offense. It is a non violent felony and my first felony ever. I opted to take it to trial and the jury returned a verdict of Guilty and I was sentenced to serve five (5) years. This was back in 2013. I was released from... View More
answered on Aug 14, 2017
Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.
mediation was one week prior to court. last week was a hearing for temp support. at mediation I signed papers, after 5 hrs of mediation. I couldn't read the papers or concentrate. chemo and radiation, also with stress makes me tired and I get confused. lack of retaining info. att. said the... View More
answered on Aug 4, 2017
This one is a huge mess, and it sounds like the lawyer you hired needs to answer these questions. Once a decree is signed, typically some "change of condition" is what is needed to justify a new court determination. That is not what you have described here.
Be aware that if you... View More
My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action... View More
answered on Aug 4, 2017
Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a... View More
The backend of my truck fish tailed upon taking a turn. There were no pedestrians nearby. No one was injured. There was no property damage. I was fully cooperational. I didn't argue, or cause any trouble at all, yet I was arrested, and my car was towed. I just got done posting bail at... View More
answered on Aug 4, 2017
Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.
It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help... View More
The probation officer will not comply and find me a location to do my hours the place he is trying to make me do them says they do not do them. He also stated he would have me locked up if I didn't have 16 of them by monday. I have 4 months of probation left and only 40 hours or service . i... View More
answered on Jul 21, 2017
If you had an attorney, get his or her help to take the issue back before the Judge, as to your efforts to do as told, but impossible. Rural communities have far fewer community service alternatives.
The conditions of probation typically must be done long before the end of probation. I... View More
I want to file an appeal, but don't have the order. The opposing party drags their feet and it appears I only have 30 days to file appeal in ga?
Need to know what to do, as the other party has unclean hands.
answered on Jan 21, 2017
You can get a copy of the court order from the clerk's office.
He won his hearing based on the fact that the employer didn't meet the burden of proof regarding warnings and Strikes because they claim there was a three-strike policy. The hearing to place over two days and his former employer did have an attorney. The boss did talk with my husband once... View More
answered on Aug 4, 2016
Hart to say--it depends on the adjudicator, how they felt. If he gets an employer decision then check with Ga.Legal Services/Legal Aid.
I would assume it obvious you do not have to fully support the lower court's errors in order to have an application granted; if you did, there would be no need to file a notice of appeal and subsequently a brief afterwards, which you are required to do. So, what are you required to show the... View More
answered on Nov 11, 2015
You have not even said what type of case this is. There are different standards of review.
Trial counsel set up a plea that tied in the appeal rights and motion for new trial from his case, this plea was set up in a case in which he wasnt appointed as counsel..
answered on Nov 9, 2015
This question is far too old for an answer to be of any benefit to you.
answered on Oct 25, 2015
When you want to file an appeal, the best thing to do is to get an appellate attorney.
Jude ruled for children to be placed in foster care
answered on Oct 24, 2015
When you need legal advice it is always best to actually go see an attorney for a full discussion of the issues.
answered on Oct 22, 2015
Speak with the attorney who represent you about this.
I have a friend who was arrested and detained for a jay walking case, and is now in jail for 3 months with no bond, or paroll, or any visitation rights for the first month, is there a way to appeal this case without legal aid?
answered on Oct 21, 2015
He needs an attorney, needed one initially, and this is sometimes what happens. There is perhaps not even a possibility of an appeal, but there certainly are not enough facts given to make a solid determination.
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