This will depend on whether your case is a state or federal case. I am licensed in the 10th Circuit Court of Appeals (federal), but not the state of Colorado. Either way there are time and procedural requirements to file your appeal. You should consult an attorney to guide you through the process.
While I am admitted to the Fourth Circuit Court of Appeals, I am not licensed in south Carolina, and this is not a private forum so this is not legal advice. What I can tell you is that there is typically a short period of time that you can appeal an ejectment. You should retain a lawyer to... Read more »
First, I am not a NC attorney. That being said, I suppose you could file another motion for a temporary stay. But that motion will probably be denied as the first one was, unless you can show a material change in your favor.
Judgment I have against them, are in Chapter 13 BK in Tampa, FL - they broke the terms of the Automatic Stay to file the appeal & again to pay the fees after they specifically requested an emergency hearing in the BK Court to reimpose the Stay stating they can’t afford to see the case... Read more »
I would not file anything without first having a lawyer review it as your filing is likely a violation of the automatic stay. Before you file anything anywhere, you likely will need to seek relief from the stay in Florida.
You have 10 days to file an appeal of a summary eviction action in Nevada. I recommend retaining counsel to help you navigate the appeal and comply with time and procedural requirements.
I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... Read more »
They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting... Read more »
First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.
Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation
Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... Read more »
I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?
Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation,... Read more »
...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property
and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks
you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.
A Washington attorney could advise best, but your question remains open for a week, and time is often of the essence with appeals. You could continue to await a response, but this forum doesn't work like an attorney referral service. Attorneys can't generally reach out to the public. But... Read more »
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.
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