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Virginia Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Appeals / Appellate Law and Divorce for Virginia on

Q: I am looking to appeal a final order of a divorce case in Virginia

Michael Christopher Miller answered on May 16, 2019

You need to make sure your objections were presented to the judge so the judge has an opportunity to correct what you may object to. Note that orders become final 21 days after entry.

You must notice your appeal with 30 days of entry of the final order.

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?

Daniel P Leavitt answered on Jan 30, 2019

I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on

Q: my friend had court date they moved him from jail and they cancelled the court date. what can we do. it was for motion

Susan Fremit answered on May 12, 2018

Your friend need to talk to his lawyer to learn what is going on with his case.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on

Q: DWI/ Reckless plead guilty got min on DWI. Reck.. charging extra for appeal. When i wanted to deal both the same day.

Did my lawyer do his job? I feel like he did it to get more $$$

Steve Miyares answered on Mar 20, 2018

Your attorney is in the best position to explain what happened in your case. Depnding on the facts of your case,therecould be any number of reasons why your attorney might have pursued a particular defense strategy. The attorney who represented you should be able to explain to you his reasons for... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Virginia on

Q: New evidence after I pled guilty to Assualt and Battery case

I took a guilty plea in Norfolk September 2017 in a A&B case against a family member, taking the victims word as she is my wife. It has now come to light that she struck me first while I was intoxicated and I responded by hitting her twice. This has ruined my career and service to the country, is... Read more »

Susan Fremit answered on Feb 15, 2018

You had 10 days to appeal and 60 days to reopen you case. You are obviously outside those 2 limitations. You could speak to an experienced criminal defense attorney about bringing a habeas application but I am not certain how successful that would be. I think you are stuck with your plea.

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1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on

Q: someone falsely accused me harassment and filed a protective order against me, the case was dismissed, can she appeal?

This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do

Wilfred Yeargan answered on Dec 16, 2017

If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on

Q: Can the prosecution tell me if I appealed my case they will charge me with newly discovered evidence if I don't file

They will go away

Susan Fremit answered on Dec 14, 2017

Yes, the prosecutor can say/do that. Hire a local experienced criminal defense attorney to represent you.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Virginia on

Q: We are in California my boyfriend is getting picked up the feds to be taken to Virginia. But we do not know what part?

It is a federal case and we need help finding a lawyer for his case out in Virginia.

Shaun Khojayan answered on Nov 28, 2017

Hello. If you contact my office I can discuss with you. I handle federal criminal defense cases. Thank you.

Shaun Khojayan

800 274-4290

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on

Q: I'm trying to find out about my husbands case that started about three years ago with no knowledge of release date

He's in central regional jail now after breaking his parole

Bryan J. Jones answered on Nov 24, 2017

Are you trying to find your husband's release date? You can contact the VADOC Court and Legal department or you can have your husband get his legal update sheet. That will have a release date.

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on

Q: I'm in the military and found guilty of DUI in 2012. How can I reinstate my driving privileges in Virginia?

Judgment stated i must attend a alcohol rehabilitation program. I completed the Navy's SARP program in 2012. I have an out of state license but found out later my driving privileges were suspended in program by VASAP. Called VASAP told them I attended SARP and was told they would accept my... Read more »

William Head answered on Aug 9, 2017

You need to talk with a lawyer who is an expert in Virginia DUI law. This interstate licensing snafu is one that we see dozens of times a year. Whoever your attorney was back when this was done needed to provide guidance on how to address these issues.

Call Burk Beale. Tell him I referred...
Read more »

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2 Answers | Asked in Appeals / Appellate Law and Car Accidents for Virginia on

Q: I was involved in a head on collision. Other person was at fault with police evidence. He appealed guilty verdict. Why?

He was guilty of reckless driving. Police evidence with pictures showed he crossed the line. Causing the collision

Jan F Hoen answered on Jun 8, 2017

He had an automatic right to appeal and have a new trial in circuit court.

Most likely, he or his attorney (if he was represented) hopes for a better outcome on appeal.

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2 Answers | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Virginia on

Q: can I reopen case after 15 years, if it's now a problem and I was not advised of my rights as immigrant LPR

Even if post conviction relief. Is the lawyer Lying when he say I can.

Susan Fremit answered on May 12, 2017

Unfortunately no, it is too late.

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Virginia on

Q: Case Dismissed without prejudice for Failure to State a Claim for Which Relief Can be Granted

If an employer makes a couple of discrepancies on employment record that prohibits employment within career field and neglected a federal regulation by law. If a requirement of a regulation specifies receiving "immediate" medical attention directly away from a scene as opposed to noticing an injury... Read more »

Glenn B. Manishin answered on Mar 6, 2017

You would need to compare those facts to the basis on which the court dismissed the prior complaint in order to determine whether they overcome the defects in the claims previously alleged. From your description it is not possible to draw a conclusion.

1 Answer | Asked in Appeals / Appellate Law for Virginia on

Q: Can a case be refiled in correct court after it has been appealed from dismissed without prejudice for improper venue?

Brian Lehman answered on Mar 6, 2017

When a case is dismissed without prejudice, it leaves the plaintiff free to bring another suit based on the same grounds, for example if the defendant doesn't follow through on the terms of a settlement.

1 Answer | Asked in Appeals / Appellate Law for Virginia on

Q: Can an amendment to a Complaint be filed in Appellate Court and be mailed with the Informal Brief to Appellate Court?

I would like to amend my complaint but the case was dismissed in US District Court and stated any attempts to amend complaint would be futile.

Glenn B. Manishin answered on Mar 5, 2017

No, a complaint cannot be amended when the case is on appeal from dismissal.

2 Answers | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Virginia on

Q: How can a dismissal for improper venue be overturned after Appeals Court affirmed?

Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?

Brian Lehman answered on Mar 5, 2017

If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.

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1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Virginia on

Q: Would an ethics committee have authority to to enforce a decision that does not correlate to a specific rule?

During the recent snow it was declared a state of emergency. When we couldn't attend the event. The host refused to reimburse the fees. Our ethics committee of the athletic association strongly recommended they reimburse. The host refused. We are appealing to the National board of directors.

Glenn B. Manishin answered on Feb 6, 2017

The question requires clarification. What sort of ethics committee is involved, what industry/occupation and what grounds did the body give for its decision? Is enforcement being sought via the courts or in a private licensing/certification setting? For example, if this were a legal ethics matter,... Read more »

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Juvenile Law for Virginia on

Q: Do you think this case could be appealed again? Could there there be a program for crimes as juveniles to reduce time ?

In my opinion juveniles make a lot of mistakes, but whose to say that you don't change? I think the sentence of 38-40 years to a 15 year is just way to much. I wanna look more into this case

Brian Lehman answered on Jan 14, 2017

You did not list the case that you are referring to, so a lawyer on this website will not be able to help you.

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2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Virginia on

Q: Should I continue to be paid wage loss if my patient dies while I am on a workman's comp claim?

worked for a private family doing CNA work when I sustained a lower back injury while helping her out of the car. I sought medical attention 2 days later when the pain did not subside. Insurance company contacted and took three weeks to set me up with a Doctor. The Dr. Put me on light duty not... Read more »

Jan F Hoen answered on Dec 7, 2016

The information you provided does not clearly state sufficient facts to answer your question.

Your medical records would need to be reviewed for additional information.

The second injury does not appear to be compensable but if your claim was denied, consult an attorney in your area...
Read more »

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1 Answer | Asked in Appeals / Appellate Law, Probate and Real Estate Law for Virginia on

Q: Can I file a declaratory judgment on a case that has been appeal to circuit court

my aunt signed a binding agreement with me stating she would leave me her house upon death if I would give up my home to move in with her and take care of her, I took care of her for over 4 yrs. preventing her from entering a nursing home. She passed and the house went to her stepdaughter in a... Read more »

Mr. Andrew T. Bodoh Esq. answered on Nov 15, 2016

You can pursue a declaratory judgment action, but you are likely in a difficult position if you did not have a written and duly recorded agreement to receive the house. You should consult an attorney.

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