The appellate court usually then issues a schedule of briefing deadlines. But please check your appellate rules for the correct briefing schedule. If you get a briefing schedule, be sure to follow it. If you are the appellant, serious consequences can result if your brief is not filed on or before...Read more »
Wife plead open to judge on 2 owi resulting in death cases. She has no prior felonies. Only misdemeanors from when she was 18 years old. Every motion her lawyers filed was denied by judge. No depositions were done on any medical staff. Judge held her juvenile charges against her openly. He... Read more »
Sentences are rarely overturned, but when a defendant is maxxed out, there is no downside to appealing. Contact an experienced appellate attorney immediately, as a Notice of Appeal must be filed promptly. You mentioned that she had a court-appointed attorney. If she is still indigent, she can...Read more »
What is it called? I want to look up an example maybe to format mine similarly. Do I just write dear judge can you apply the extra month I served towards the bond at 20 dollars per day? Then send it to the clerk with my cause number?
You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.
My boyfriend was arrested for driving without a license and possession of paraphernalia. Both misdemeanor charges. After a week in county jail they added the charge of maintaining a common nuisance, a felony. Once he was sentenced they also enhanced his sentence by adding a habitual offender... Read more »
Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local...Read more »
Lost driving privileges in 2012, paid tickets and fines. BMV reinstated my license 2-26-18 and suspended them again the next day because I paid them. Idk what to do, I've moved out of state and just want this behind me.
You were probably suspended again for failure to file proof of insurance with the tickets you paid or suspended for excessive points. You should consult with an attorney to see what can be done, there are possibilities of either setting aside some of the judgments or getting a specialized driving...Read more »
A Notice of Appeal must be filed within 30 days of a final appealable order. If the 30th day falls on a weekend or day that the Clerk of the Court of Appeals is closed, it rolls over to the next open business day. The Notice of Appeal must be accompanied by the filing fee or a request to waive...Read more »
I was approved by the SSA to be a disabled person in 2014. It was for depression and arthritis. I recently had to go for a redetermination and then was found to be not disabled and then was told that I was found disabled due to mood disorder and anxiety disorder and then that was never the reason... Read more »
Suspended. I had been out of state for a couple of months. The suspension letter was dated 2 says prior to me getting the ticket. The judge informed me that I was correct about the text of the law, however stated that "case law" says driver "knows or should know" their license... Read more »
You should contact a local attorney very soon as appeals are time sensitive on filing a notice of appeal. An expungement of the conviction is possible, but there is also a time frame before you can petition the court. If you miss your deadline then you would be barred from going forward on the...Read more »
Go to in.gov and you will find a link that will give you the affidavit for indigence and documents for the petition as well as instructions to file. If you do not have a computer, I'm sure you local library has a computer you can use.
My 16-year-old daughter and her 18 year old boyfriend A few other juveniles went to the park to go watch a fight with her boyfriend and a nother kid they started fighting and when fighting the other kids seen my daughter's boyfriend being stabbed my daughter jumped on them and punch them a... Read more »
He has supposed to have been paying child support since January but he hasn't paid anything yet and now has a court date set for May 10th because of it. He gets 90 overnights and we have agreed on everything thus far. We have not discussed this relocation with him but my current wife and I... Read more »
This is not an appellate question, it is a custody/relocation question. Indiana Code 31-17-2.2-1 et seq. covers the notice requirements for a relocating parent and the options available to the non-relocating parent.
Post-conviction relief rarely turns on the specific charge. Rather than looking for cases overturning child molesting convictions, you would be better off looking for cases granting post-conviction relief based on errors in the proceedings. Courts will not reweigh the evidence presented at trial,...Read more »
He was abusive and left when i was 6 1/2 months pregnant and on bed rest. The rent was due and no food in the house. I had my son 5 weeks early. I tried to contact him. My son stayed hospitalized for 3 weeks. I tried to contact him. His sister told me it wasnt his problem that he moved back to... Read more »
The Judge in this case provided a summary of his reasoning for ruling as he did. He explains in detail why he made the decision. This is in a Corrected Findings of Fact, Conclusions of Law and Decree of Dissolution. We want to reference what the Judge stated in our Appellee brief. I have never... Read more »
The order from which the appeal is being taken must be in the record. You must cite to the record in your brief. Are you attempting to do an appeal pro se? The appellate rules are strict and complicated. You need experienced appellate counsel.
If you fail to respond to an appellate brief, then the factual allegations in that brief are uncontested, and the court will proceed to decide the appeal on the merits. You could still win, but you have given up your right to contest the appellant's arguments.
#2 on application I understood as employment discipline and answered no... My preliminary review hearing (appeal)order states that will be the issue talked about. Will I have to explain all my past mistameanor convictions even though the 5 year requirement has past
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.