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What is period of time within to file an appeal after trial verdict? The sentencing is not happening 'till a month later. Is the appeal filling after the trial verdict or after the sentencing? Thanks very much
In every jurisdiction of which I am aware, the appeal from a conviction in a criminal case is taken only after the entry of final judgment, which is the imposition of sentence. An appeal attempted after, for example, the return of a jury verdict but prior to sentencing would be premature and, depending on state law, might be invalid or subject to dismissal.
Although the rule that an appeal can be filed only after imposition of sentence is pretty general, you should consult your attorney or an attorney familiar with criminal appeal practice in your state, because appellate procedure does differ from state to state.See question
Is it true that Only the DEFENDANT can appeal the judgement? Or can either party (defendant OR plaintiff) file an appeal if they believe the judgement is incorrect/unfair?
Note that I do not practice in California and I defer to my California colleagues regarding the law specific to that state.
Just in general, however, in a civil case any party may appeal from a final judgment and from non-final rulings under limited circumstances. In a criminal case the defendant can appeal from a final judgment of conviction, but the prosecution cannot appeal from a final judgment of acquittal. In limited circumstances the prosecution may be permitted to appeal from certain non-final orders, which the defendant normally cannot do.
My answer does not apply to "appeals" from small claims matters, which are very much a matter of state law.See question
Should we appeal
That is not a question that can be answered in an online Q&A forum like this. I urge you to consult an attorney familiar with criminal appellate practice in the state in which you son has been convicted and sentenced. Be aware that in most states the time period within which an appeal must be initiated is numbered in days from the date of sentencing, so you should move quickly. In general, an appellate court will seldom interfere with a legally valid sentence, even if the appellate court judges subjectively might think that the sentence is overly severe, so this could be a tough appeal. But ask experienced appellate counsel in your state and do not rely upon what anybody, myself included, tells you in an online forum.See question
I am a union CDL licensed truck driver and I failed a random breathalyzer test at a company with a zero tolerance policy! I understand that they are well within their rights to terminate me or in this case I believe they will force me to resign as...
I think you are likely to get more useful answers from our employment and labor colleagues than you are posting your question with a criminal defense or DUI tag. I have taken the liberty of retagging your question Employment and Labor. Good luck.See question
its a DV case with a weapon involed (felony) the public defender convinced to take a guilty plea without the witnesses testimony. The witness was to testify that they made a mistake. Can that be appealed and overturned?
I do not practice in the state of Washington and what I have to add to the comments of my colleagues is a very general observation. Be very, very careful about asking to withdraw a guilty plea. You might just get what you ask for. Typically when a judge allows a plea to be withdrawn the case goes back to square one, any agreements or recommendations for leniency that the prosecutor might have made are out the window, any charges that were dropped or dismissed as a result of the plea are reinstated, and the defendant is back facing the maximum sentence on the case that did not seem beatable the first time.
Remember gradeschool when the firemen came to your school every year to talk about fire safety. And he warned you, "Never go back inside a burning buiding.!" That is what you do when you ask to withdraw a plea.
This is something to review very carefully and cautiously with your attorney before you try anything.See question
I asked the landlord for repairs and sent a letter to her , one hand delivered and the other certified.To make a long story short , she evicted me , she did not give me proper notice as well.I am aware that this is a wrongful/ retalitory eviction ...
You seem to be under the misapprehension that Avvo is a law office or somehow provides legal services. It does not. There are no lawyers here to represent you or anybody else. This is an internet Q&A forum in which lawyers from all over the country can take an odd few minutes here and there to respond to questions in a way we hope will be helpful. Of course you can hire an attorney to represent you. Since yours seems to be a landlord/tenant case I suggest you start by going to the Find-a-Layer tab on this page and searching for landlord/tenant attorneys in the Dallas area.See question
my ex-husband filed an appeal after the family court grant my motion for relocation with my minor children. on his opening brief, he stated that it was an abuse of discretion when the judge denied his request for continuance to seek legal counsel,...
First, I am not a North Carolina attorney and I am not familiar with the law or practice in your state. What I am going to say is based on my familiarity with appellate practice generally.
If you insist on handling this matter by yourself as a pro se litigant, or if financially you have no choice, I would suggest that you not worry about finding cases. First of all, believe me, the judges know the law. Second, there is not a lot of law involved where the question is whether the trial court abused its discretion. In my opinion you would do best by concentrating on pointing the judges to those portions of the record that support your position. The judges know the law, but they do not know the record. unless you walk them through. Do not try to be a lawyer . . . you will fail. Keep it simple and stick to the facts . . . meaning the facts as shown by the record. And absolutely no finger-pointing and absolutely no disparaging personal comments about opposing parties or opposing counsel. One last thought: You may not be able to afford an attorney to represent you on appeal, but you might be able to find a lawyer who would be willing to give you a bit of basic coaching on appellate practice for a much more modest charge, and it might be worth it. Finally, if the clerk of the court before which this appeal is pending offers any guides or support material for pro se litigants, take advantage of it. Good luck.See question
I had further preliminary hearing yesterday as to felony charge and i will have sentence hearing in 3 month. Could anyone tell me when i can appeal court decision of my case? I have zero knowledge about trial process and would like to appeal my ca...
In most jurisdictions and in most matters, and very much so in criminal cases, only a final judgment can be appealed.. The rule in most jurisdictions is that the final judgment in a criminal case is the imposition of sentence. So what you wish to do, to appeal your case prior to sentencing, may very well not be possible. You should, however, consult an attorney familiar with criminal appellate practice in the state in which you have been prosecuted. An online Q&A forum like this is absolutely not a substitute for an attorney.See question
I was at home ready to go to bed, I took ambian sleep aid as well had a nightcap. Unknowingly I got into a vehicle and rolled my vehicle. I believe I fell asleep as it was at very low speeds. Last thing I remember I was sitting on my coach and now...
Every state that I have ever heard of requires that an appeal be initiated within a matter of days after final judgment. The longest period I have ever heard of is 60 days. The shortest is 10 days. 30 days is typical but, as I say, every state is different. I know of no jurisdiction that would allow an appeal years after conviction. Some states might allow an out of time appeal if you could establish, for example, that you were mentally incompetent from the time of the judgment until now; or that the state deliberately concealed the entry of the judgment from you. You will have to consult an attorney in the state in which you were convicted to get a definite answer, but just in general I would guess that your right to appeal lapsed many years ago.See question
On appeal from trial court. Defendant has filed reply brief. Defendant argues issues for first time on appeal. Defendant did not file a response to these issues in trial court. Did not file a response to Motions in question in brief.
You cannot assume that. The defendant may have waiver or forfeiture problems, but many jurisdictions hold that a judgment can be upheld for any reason that is supported by the record. I urge you to consult a Virginia attorney familiar with appellate practice that state who is willing to become familiar with the record and with the briefs that have been filed on appeal so far.See question