Virginia Appeals / Appellate Law Questions & Answers

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?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Gov & Administrative Law for Virginia on
Answered on Jan 30, 2019
Daniel P Leavitt's answer
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.

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on
Answered on May 12, 2018
Susan Fremit's answer
Your friend need to talk to his lawyer to learn what is going on with his case.

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

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on
Answered on Mar 20, 2018
Steve Miyares' answer
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 pursuing a particular defense strategy based in your specific situation.

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

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Virginia on
Answered on Feb 15, 2018
Susan Fremit's answer
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.

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

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on
Answered on Dec 16, 2017
Wilfred Yeargan's answer
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.

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

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Answered on Dec 14, 2017
Susan Fremit's answer
Yes, the prosecutor can say/do that. Hire a local experienced criminal defense attorney to represent you.

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?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Virginia on
Answered on Nov 28, 2017
Shaun Khojayan's answer
Hello. If you contact my office I can discuss with you. I handle federal criminal defense cases. Thank you.

Shaun Khojayan

800 274-4290

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on
Answered on Nov 24, 2017
Bryan J. Jones' answer
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.

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

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on
Answered on Aug 9, 2017
William Head's answer
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 you, to see if he can assist you.

703-690-1222

William C. Head

Atlanta GA

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

2 Answers | Asked in Appeals / Appellate Law and Car Accidents for Virginia on
Answered on Jun 8, 2017
Jan F Hoen's answer
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.

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

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Virginia on
Answered on Mar 6, 2017
Glenn B. Manishin's answer
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.

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

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Answered on Mar 6, 2017
Brian Lehman's answer
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. http://www.nolo.com/dictionary/dismissal-without-prejudice-term.html

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

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Answered on Mar 5, 2017
Glenn B. Manishin's answer
No, a complaint cannot be amended when the case is on appeal from dismissal.

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

2 Answers | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Virginia on
Answered on Mar 5, 2017
Brian Lehman's answer
If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.

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

1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Virginia on
Answered on Feb 6, 2017
Glenn B. Manishin's answer
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, the relevant bar association could impose sanctions, but enforcement such as voiding the respondent's license to practice law would typically require application to and an order from the state supreme...

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

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Juvenile Law for Virginia on
Answered on Jan 14, 2017
Brian Lehman's answer
You did not list the case that you are referring to, so a lawyer on this website will not be able to help you.

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

2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Virginia on
Answered on Dec 7, 2016
Jan F Hoen's answer
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 who practices worker's compensation to see if you may be entitled to benefits. Bring your medical records to the consultation.

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

1 Answer | Asked in Appeals / Appellate Law, Probate and Real Estate Law for Virginia on
Answered on Nov 15, 2016
Mr. Andrew T. Bodoh Esq.'s answer
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.

Q: I'm looking for an Attorney’s for a Rico Case?

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Virginia on
Answered on Jun 8, 2016
Gary D. Godman's answer
You'll have to call around to attorneys in and near the area to review your case and offer insight into the viability of any appeal. Use this website or do a general internet search. Good luck.

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