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Virginia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: I am attempting to locate the exact time restraints of seizures activity and driving as per reg in VA.
Robert Jason De Groot
Robert Jason De Groot answered on Oct 25, 2015

What is it you are talking about? It is seizure of property by the police, or a medical seizure?

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: how does a not guilty verdict of criminal charges affect a protective order in an appeal

I pressed charges for domestic assault and batter on myself (father) got a final protective order. The mother of course appealed. the court date for the domestic violence came and she was found not guilty because we were both impeached for criminal history and it was my word against her. what do I... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

It probably does not affect the protective order because the burden of proof is not as high in the civil case as it was in the criminal. I do not understand the second question.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: if an inmate wants to sue a lawyer for fees he paid but the lawyer changed his mind and didn't help, what can he do?

an inmate paid a lawyer to handle an appeal for him in the 4th circuit. The lawyer said he could, but then after a couple of days (claiming he was researching) he said he couldn't help but kept $4000 of the retainer.

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

The attorney spent time researching the issue and decided that an appeal would be fruitless? The retainer agreement should be read.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: When an opinion has been vacated/remanded by the Federal 4th District Court of Appeals, how long does the lower court

have to address the opinion

Robert Jason De Groot
Robert Jason De Groot answered on Oct 13, 2015

What does the order of the appellate court say regarding this?

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: Is it possible to get a case back into the court after conviction and taken an alford plea? Is there a time range?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 7, 2015

Was there an actual appeal? Is this about appealing a case? I am confused with this question.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: What type of legal issue should I pursue?

I hired a hearing and appeals rep from Pennsylvania.They have been doing unemployment appeals for over 20 years.They are legit.My wife and I live in Virginia.They advertise on the internet.I communicated with them by email.They charged me $400 to appeal my wife's Virginia "decision of the... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 6, 2015

You get a lawyer in VA. Probably, you need a legal malpractice attorney.

1 Answer | Asked in Appeals / Appellate Law, Divorce and Family Law for Virginia on
Q: What happens if divorce occurs during trial with Child Protective Services?

What happens if a couple, whose child was placed in the custody of a family member due to unsafe living conditions and failed drug tests, but who are still married after the court has already ruled against them regaining custody (but who have appealed that decision,) file for divorce or separate... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2015

Yes, it is possible that the mother would be awarded custody under these circumstances.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: What lawyer can I contact regarding unemploymnet compensation appeal for henrico county
Jerry Lutkenhaus
Jerry Lutkenhaus answered on May 28, 2012

Legal aid specializes in unemployment contact 804-648-1012 to see if you qualify. Unfortunately, most private lawyers will charge a fee to take your case.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: Can a judge after passing an order on a case come back and change that order in an effort to stop the appeals process
Paul A. Prados
Paul A. Prados answered on Jan 13, 2011

It depends primarily on three factors: 1. is the appeal from a district court to a circuit court or from a circuit court to a higher court, 2. has the record been sent to the higher court, and 3. is the alteration substantive or merely the correction of a clerical error.

There simply is not...
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