Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... Read more »
You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.
A Kentucky attorney could advise best, but your post remains open for a week. That's up to you and your decision, but what you are describing seems to be not just a change of venue, but state (where it's possible elements of both states' rules of civil procedure could apply - only... Read more »
No one responds. No one will help. There are hundreds that that need help and no one gets back to us.
An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... Read more »
My father is a homeless veteran due to a consent judgment outside the original will.
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »
I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs... Read more »
The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by... Read more »
Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.
State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.
This would be an issue for the appellate courts ….remember you generally have thirty days to appeal your case and your appellate lawyers should know what to do.
This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »
Why don't you just share that with the criminal defense lawyer?
, then be released on your on R.O.R then compliant an advisory again on the same charge with probable cause found again with no amendment of the felony information.
No, it doesn't appear that the information was ruled upon, so jeopardy never attached.
If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of... Read more »
Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... Read more »
I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... Read more »
What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.
I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.
Rehearing are filed with the clerk of the court in which the decision was made…copies should be provided to opposing counsel and the court.
If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).
Filed for Factually Innocent. Prosecutor is fighting me over it.
First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.
Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.
Defendant believes counsel was overwhelmed &... Read more »
First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »
I've been pulled over multiple times since 2012 being told I'm on probation, I'm on search and seizure and then go to jail for new cases . Now finding out orbeing told by the public defender who called over to the courts who confirmed I've been off probation (this is at central... Read more »
more info needed.
most defendants know how long probation is going to be OR they call their lawyer to find out.
you were in front of the judge when s/he sentenced you and before that, your lawyer told you what the sentence would be if you pled.......AND you probably signed a paper... Read more »
Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done
@ enough time for an EED and at 70 his heart condition will just about... Read more »
What is your question?
If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »
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