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Virginia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »

Aaron Pomeranz
PREMIUM
Aaron Pomeranz
answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: A state appeal pending over 12 months what is the success rate
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Mar 4, 2021

First, I am not a Virginia lawyer. That being said, there is just no way to know what the "success rate" is on appeal. Every case is different. But generally, the chance of winning on appeal is 15/20% if that. I can estimate the chances of winning a given case if I had more background.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

1 Answer | Asked in Appeals / Appellate Law and Collections for Virginia on
Q: I was summoned to appear in court in 2018 but I never received any notice of the case. The judgement was defaulted.

I may have been deployed at the time but they gave no details in the paperwork I received on what the sum was for.

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2021

A Virginia attorney could advise best, but your question remains open for a month. It sounds like you might mean the other side got a default judgment against you based on non-appearance. You could consider reaching out to a Virginia attorney to review the file to determine if any options are... Read more »

2 Answers | Asked in Appeals / Appellate Law for Virginia on
Q: HELLO, What is the diference to appeal vs file a complaying with circuit court?

THE CIVIL COURT RECOMMEND MY CASE TO BE TRANSFER TO CIRCUIT COURT TO VERIFY PROPERTY OWNERSHIP

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Nov 18, 2020

First, I am not a Virginia lawyer. However, I would need some more context to answer your question. The difference between an appeal and a complaint filed with the trial court should be obvious. An appeal is after the parties have litigated an issue before the trial court, received a final judgment... Read more »

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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
PREMIUM
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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