Paul Stanko's answer 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 and should request a court-appointed appellate attorney.
Paul Stanko's answer 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.
Andrew L. Bennett's answer 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 attorney to see if a Post Conviction Remedy can be filed.
Andrew L. Bennett's answer 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 privilege.
Erik Carter's answer 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 the fee. The Court of Appeals has on rare occasions permitted a Notice to be filed after the 30 days have passed but that is on a case-by-case basis and is extremely fact-specific (in other words, not...
Andrew L. Bennett's answer 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 appeal so you need to speak with an attorney quickly so your specific facts and circumstances can be discussed before the deadline passes.
Andrew L. Bennett's answer 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.
Erik Carter's answer 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.
Paul Stanko's answer 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, so the type of charge is rarely important. What do you believe prejudiced the defendant at trial?
Paul Stanko's answer Your question is too general to answer. PCR can be applied to numerous errors not raised on direct appeal and not waived. Winning depends on the facts and law applicable to each case.
Paul Stanko's answer I don't understand why an illegal would seek paternity. Contact a family lawyer and fight it. Your husband is presumed to be the father because you had your child during your marriage.
Paul Stanko's answer 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.
Paul Stanko's answer 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.
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.