Randy Stuart Kravis’s Answers

Randy Stuart Kravis

North Hollywood Appeals Lawyer.

Contributor Level 6
  1. I need an aggressive Pro Bono Appeallate attorney in Orange County CA

    Answered about 4 years ago.

    1. Randy Stuart Kravis
    2. Robert Lee Marshall
    3. Kevin James Griffith
    3 lawyer answers

    You don't need a pro bono attorney. If you're unable to afford an appellate attorney of your own, you are entitled to have one appointed for you. In California, there are various non-profit organizations called "projects," which are tasked with appointing attorneys for defendant's unable to afford appellate attorneys. Orange County falls within the jurisdiction fo the Fourth District Court of Appeal, which means the "project" you should contact is called Appellate Defenders Incorporated. If...

    2 people marked this answer as helpful

  2. What happens in felony appeal if trial lawyer has been suspended from practicing law for 4 years.

    Answered about 4 years ago.

    1. Robert Lee Marshall
    2. Randy Stuart Kravis
    2 lawyer answers

    The notion that "your trial lawyer has to be present during the appeal" is incorrect. An appeal is based on what is already contained within the record (i.e the reporter's transcript and clerk's transcript.) Your trial attorney has no input into the appeal. Therefore, whether he's been suspended or is available is of no import to the appeal. Now, as an appellate attorney, I find it helpful to talk to the attorney who handled the trial to give me background into the case and to answer any...

  3. Is there such a thing as a contingency lawyer who will take 100% of the legal costs and fees to appeal a case?

    Answered about 4 years ago.

    1. Pamela Koslyn
    2. Steven Wayne Murray
    3. Nicholas Donovan Heimlich
    4. Randy Stuart Kravis
    4 lawyer answers

    My understanding is contingency fees are not allowed in criminal cases. Period.

  4. How many times can you extend the date of the opening statement on a criminal appeal?

    Answered about 4 years ago.

    1. Kevin James Griffith
    2. John M. Kaman
    3. Randy Stuart Kravis
    3 lawyer answers

    To answer your question, first of all it's important to point out that there is no such thing as an "opening statement." I'm guessing what you're asking about is an extension of time to file an "opening brief." If that's the case, then you would need to file a request for extension in writing explaining your reasons for why you need an extension. Here, in California, the appellate courts are liberal about granting first and second extensions. It's when you start asking for a third extension...

  5. Is there any lawyers that just handles appeals if person has been sentenced?

    Answered about 4 years ago.

    1. Randy Stuart Kravis
    2. Timothy A. Provis
    2 lawyer answers

    The answer is yes. In fact, I would recommend that you hire an attorney who just handles post-conviction matters. The process and rules involving appeals, 2255 petitions, habeas corpus petitions and other post-conviction matters are very, very different from those governing criminal trial work. It is important that you hire an attorney who has mastered post-conviction work. While criminal trial attorneys may know how to represent a client during his criminal trial, they don't necessarily...

  6. What does affirmed mean?

    Answered about 4 years ago.

    1. Stephen F Wallace
    2. Margaret H Leek Leiberan
    3. Andrew Daniel Myers
    4. Randy Stuart Kravis
    4 lawyer answers

    If you think about whan an appeal is, it's a challenge to a ruling or order or verdict in a lower court. In essence, you're asking a higher court to overturn or reverse that lower court's order. So when the appellate court states that the decision will be "affirmed," it is rejecting your request to overturn that lower court's order. So the lower court's order remains in tact.

  7. If someone has been convicted of murder and wants to appeal. Do you file for Post conviction Relief or for Direct Appeal issues?

    Answered about 4 years ago.

    1. Karyn T. Missimer
    2. Randy Stuart Kravis
    2 lawyer answers

    In most states, appeal deadlines are the first to approach, which is why they generally occur first. For instance, in federal cases, a defendant has only 10 days to file a notice of appeal. Now, the appellate process itself generally takes a year or so. However, that initial notice deadline is very quick. So in most jurisdictions you're going to be doing the appeal right after the conviction. As far as post-conviction petitions are concerned, that varies. I know in federal cases, the...

  8. In a federal case, can you put in a plea of guilty and be denied of an appeal?

    Answered about 4 years ago.

    1. Lauren Walter Berns Jr.
    2. Craig A. Epifanio
    3. Peter J Tomao
    4. Randy Stuart Kravis
    4 lawyer answers

    The answer is depends. Often times in federal cases, the plea agreement will contain an appeal-waiver clause, which means you can't appeal if you receive a certain sentence. So your boyfriend's right to appeal will depend on the existence of an appeal-waiver clause in the plea agreement and the scope of that clause. If he is not limited by any such clause, then he would have the right to appeal certain aspects of his sentence. However, keep in mind that he would not be able to challenge his...

  9. After your appeal

    Answered about 4 years ago.

    1. Blaise E. Picchi
    2. Randy Stuart Kravis
    2 lawyer answers

    In some criminal cases, you may be able to file either a state habeas corpus petition or a federal habeas corpus petition. Unlike an appeal, which is limited to matters that are contained within the record on appeal, a state habeas corpus petition (or post-conviction petition) is based on evidence or information that was not part of the trial. A good example is if there is a new witness who could've exonerated the defendant, but was not known about at the time of trial. A federal habeas...