Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)
While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »
The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.
In addition to Texas law, you need to be 100% certain that you... Read more »
If someone was wrongly convicted and found evidence to prove their innocence how do you bring such evidence to the attention of the court ? This evidence was provided to the public and to the court who refused to address it ? Its concerning mmj red card plant counts .
Thank you
You would need to file an appeal under Rule 35(c). If you are incarcerated, you should request an attorney to assist you with this. If not, you should consult with a private attorney because these petitions are very complicated and you will need detailed legal guidance.
His charge was escape for not compling with his sentence. And for being a habitual drug offender (non violent). At time of his arrest he didnt have drugs on him just money and bags for his antique stamp collection. And was shown to the court he collected. The money was even eventually returned to... Read more »
There are many attorneys, like myself and others, who do criminal appeals under Rule 35(c). It has been 15 years since the trial, so there are a lot of claims that may be time-barred, which may mean that an appeal may only be successful if there is "new evidence" that has been... Read more »
I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?
You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »
I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?
A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.
The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?
Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.
Trial judge ruled in favor of plaintiff for 3775 dollars back rent in April 2018, defendant appealed May 2018. Defendant file Bankruptsy in July 2020, Bankruptsy, Discharged in August 2020. My debt not included in discharge. Does Bankruptsy by debtor have any effect on defendants appeal in circuit... Read more »
The bankruptcy by debtor/appellant should not affect the appeal, because plaintiff's debt was not included in the bankruptcy discharge. However, any further proceedings on the appeal are probably moot now. And if the debtor/ appellant has recently filed for bankruptcy, are there any funds left... Read more »
2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »
The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!
Good Luck.
d
Choosing between staying home away from the virus if they’re high risk or going out with a friend if both of you recently tested negative. The freedom to go and hang out with a friend should be up to their own Individual person. I would say this falls under the sentence “...enjoy and defend... Read more »
We are experiencing one of the rare occasions when, for health reasons to protect all of us, the government is given the responsibility to make orders such as the present curfew, and we must comply with them. Our individual freedoms mean nothing if this pandemic can kill so many of us without... Read more »
Speeding ticket less than 25 mph over the limit
What does this have to do with Florida law? Ask it in Justia > Ask a Lawyer > Alabama, and be sure to give more information; whether you were adjudicated guilty, for example.
I have my family who will be on the streets
First, I am not a California lawyer. But generally, taking an appeal does not stay the decision or judgment of the lower court or administrative agency. Along with the appeal, a party usually must file a motion to stay. And that usually requires some sort of bond or other security-- with the motion... Read more »
I had my parental rights terminated on 08/05/2020 . I feel like i got manipulated and played due to my diminished mental capacity.
Usually, a party has 30 days to appeal a final judgment of any trial court. Since your trial court ruling was on August 5, I would think that your appeal period has passed. BUT check your local appellate rules!
THE CIVIL COURT RECOMMEND MY CASE TO BE TRANSFER TO CIRCUIT COURT TO VERIFY PROPERTY OWNERSHIP
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 »
My motion to suppress was denied but it shouldn't have based on Georgia and federal law
A Georgia attorney could advise best, but your post remains open for a week. You could search under legal aid and pro bono-related entities. Finding pro bono counsel could depend on the nature of the matter - organizations that offer their services in this area tend to apply guidelines in limiting... Read more »
MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen
Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... Read more »
Are you the defendant? If not, your efforts would be better spent on retaining counsel for the defendant. Appeals are complex and require a solid foundation in the law and its construction and interpretation; they should not be done alone or by anyone who is not an attorney. More important, if you... Read more »
A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?
First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... Read more »
First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."
It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck
Tim Akpinar
I was renting a guest room that was attached to the house with its own entrance. I paid rent for three months. I stopped paying rent and the landlord served me with an unlawful detainer. I had LADBS inspect the room and the landlord got an order to comply with needing permits for the work added to... Read more »
Short answer: not likely. Appeals are based on the record, not new evidence. It sounds like you had yourself as your own attorney and did not seek legal counseling prior to trial, a big mistake. Then you went to trial unprepared to provide the evidence of your claims, you cannot prevail at trial... Read more »
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