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Virginia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: Hello . I’m curious to know if you can appeal SC Code § 56-1-240.
Tim Akpinar
Tim Akpinar answered on Jul 31, 2020

A Virginia attorney could advise best, but your question remains open for two weeks. As a general matter, one doesn't usually appeal a law. They could appeal a court decision involving the law, or government action/outcome involving the law. If you want to appeal a government action under that... Read more »

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: found guilty [ petition show cause civil ]-ordered to pay , do you have legal right to appeal in va?

after found guilty ,ordered to pay by certain date , 90 days jailed without bond ,is that considered a final decision? - .judge did not sign case as final, untill after the arrest was made-after did not pay - by date given - . clerks office explain can not appeal case, not signed by judge as... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 8, 2020

First, I am not a VA attorney. That said, I do not think you have a final judgment, yet. I assume that you were found "guilty" of civil contempt, and I assume that was for not paying child support. Unless a finding of civil contempt is separately appealable (by VA statute or rule) that is... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Virginia on
Q: I need a civil lawyer that practices out of florida?
Tim Akpinar
Tim Akpinar answered on May 1, 2020

You could repost in Florida. Your question remains open for two weeks, but was posted under Virginia. You might have better luck simply contacting Florida attorneys - this is only a Q & A Board. See the link above (Find-a-Lawyer), or you could run your own independent searches. Good luck... Read more »

2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Gov & Administrative Law for Virginia on
Q: Broker appeal REB decision? VA Supreme Court rule 2A:2(b) & 2A:4 within 30 days? What do I need to do? Thanks.

18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Dec 14, 2019

There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/

In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer....
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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: How could I argue in moot court for Ogden knowing that Gibbons won in the Supreme Court?
Tim Akpinar
Tim Akpinar answered on Dec 5, 2019

You could argue the position because you know it's only an exercise. You could also look at things from the perspective of the 1800s toward navigation on the nation's waterways. Good luck

Tim Akpinar

4 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on
Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases
F. Paul Maloof
F. Paul Maloof answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Appeals / Appellate Law and Child Support for Virginia on
Q: How long does a wife have to appeal a JDR court decision to reduce spousal support?

What is the VA statute/law for appeals from JDR to higher court?

Michael Christopher Miller
Michael Christopher Miller answered on Jul 9, 2019

Va. Code § 16.1-296. Jurisdiction of appeals; procedure.

A. From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment,...
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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
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
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
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
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,... Read more »

Susan Fremit
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
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
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
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
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 C. Head
William C. 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
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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