My girlfriend was convicted in 2010 of theft (non-violent) and was sentenced to 1 year of work release (She would live at the jail, go to work, and then report back to the jail), and then served 5 years on probation.
She has since completed her probation with no trouble. Can her felony be... Read more »
The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... Read more »
1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.
2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a...Read more »
Who has jurisdiction over the Post Office if you're NOT a veteran? I tried MSPB for suspension for more than 14 days, but it was dismissed because I'm not preference eligible. DOL stated they CAN'T help, so did NLRB. I've done a EEO complaint 3 times and still nothing. I was... Read more »
Did you work for the Post Office? If you were a PO employee, you would be covered under the NLRB, EEOC, or the collective bargaining agreement (if you were in the bargaining unit). You raise more than one dispute here, e.g., suspension and EEOC complaint. Each are different areas and have time...Read more »
sentence is completely unjust considering it was a technical violation and he has no record prior to his 2nd degree assault from over a year ago and no criminal history since the probation was ordered. My issue is I can't find any resources regarding appeals, reviews, etc. for a VOP sentence.... Read more »
The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the...Read more »
Post conviction relief is generally used if the appeal fails. It must be on a number of grounds such as new evidence surfacing like DNA or that your trial counsel failed to provide adequate assistance at trial. An appeal is what you are allowed to file if timely and depending on what court you are...Read more »
report/cititation the reason they stop your vehicle. b) if not is that grounds for dismissal at a motions hearing regardless of any citations issued. c) what would be a good up to date case to cite e.g., Maryland V. Pringle, 540 U.S. 366, 371 (2003), or is their a more recent case. In my case I was... Read more »
An officer doesn't have to state the reasons he stopped the vehicle in any citation. He observed something wrong and can flag you over. If he's going to arrest or search he needs probable cause. In stop and frisk, it's the frisk that is more probable cause related.The officer can ask...Read more »
My uncle was stabbed and killed in the back 40 years ago. The man got off on self defense. Is there anyway to appeal or retry the case in court. I understand double jeporday, but I don't believe the full story was told with the recent discoveries I've made.
Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).
I was granted full custody yesterday there dad was gtanted visitation every other weekend if i appeal this today will i still have to let the kids go with him or can i say i have appealed the judges orders and let them stay home with me. Also if i do have to let them go if there dad is late picking... Read more »
Family law case we are both party to(I am the Plaintiff). I never received notice of his appeal, and I question the validity of him being given a de novo hearing since no criminal charges were sought or filed. Anyone that can help me? I was going to attempt pro se litigation, but the more I... Read more »
The following sentences feel like a contrived attempt at legalese by a wannabe-lawyer. If I refer to myself as "I" or to me and my wife as "we" would that be better or worse than "the tenant-appellant-defendants" or Mr and Mrs Q? I'm self-conscious of my pro se... Read more »
The internet is not the place to get specifically tailored legal advice, you should at least go see an appellate attorney for a full discussion. It takes a lot of work just to tell you whether there is an appealable issue.
I am appealing a case that was dismissed without the opportunity to conduct discovery. I'm now in the appeals process and have now received relevant evidence. I have already filed my statement of issues. The next step is dispositive motions if needed. would this apply to me?
A dispositive motion may be filed in a Maryland appeal by the appellee if the appellant missed the appellate filing deadline, or if the case has been rendered moot. The former is the most common basis for a dispositive motion on appeal. Since you are the appellant, you should not attempt to file...Read more »
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