answered on May 25, 2017
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... View 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... View More
answered on Apr 3, 2017
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... View 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.
answered on Jan 28, 2017
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).
My husband was giving 27 months to 54 months consecutive 3 years probation. He would like to fight this.
answered on Nov 11, 2016
If your husband was convicted and can't afford private counsel on appeal then the public defender's office may be able to help. Call them.
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... View More
answered on Nov 9, 2015
You needed an attorney back then, a good one who could explain the law to you.
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... View More
answered on Oct 24, 2015
Whenever you need legal advice, you have to set an appointment with an attorney who handles that type of case.
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... View More
answered on Oct 18, 2015
Go see an appellate attorney about this. That is what you should have done over a year ago.
answered on Oct 18, 2015
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.
answered on Oct 12, 2015
Usually when the court of appeals rules on the matter.
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?
answered on Jan 23, 2015
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... View More
answered on Oct 30, 2014
It is merely a court's administrative format for designating actions at law, as opposed to criminal and other causes of action.
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.
