Does the victim have 2 sign a complaint against parties that caused bodily harm within a certain amount of time? If under pain meds & drowsy, dizzy, lightheaded when standing what should the victim do 2 ensure that all charges, citations issued ar...
You are a witness, not a party, and under Illinois law charging decisions, which involve a substantial element of discretion, are committed to the State's Attorney and to nobody else. So you can and should provide the police with complete and truthful information to the best of your ability. But the decision what charges, if any, are to be filed and against whom is not yours to make. The State's Attorney may consider your preferences, but need not.See question
In Feb., 2017, the judge decided that my ex and I will split custody during the summers, 1/2 & 1/2 (I get the 1st 1/2, my ex gets the 2nd 1/2), even though we're only 10 miles apart. Both attorneys objected, but the judge simply said "I'm doing i...
Note that I do not practice in North Carolina. You need an evaluation by an attorney familiar with family and custody law appellate practice in your state.
With that caution in mind, here are just a few of the thoughts that occur to me based on my familiarity with appellate practice in general:
1. Was a final order entered in February of 2017? If so, did you file the notice of appeal or whatever other initiating filings are required by your state law, and did you make these filings within the time that state law requires? In almost every state the deadline for initiating an appeal is measured in days. The longest filing deadline I have ever heard of is 60 days and the shortest 10 days. 30 days is common, but every state is different;. If you had an appealable order in February and you did not initiate an appeal within the time required in North Carolina, you may be too late now.
2. In most states custody orders are reviewed for abuse of discretion, which is a very difficult standard to meet. You might have to convince the appellate court that the judge's decision, which treats both parties alike on the issue of summer custody, is so plainly wrong that no rational judge could ever make it. I would think it would be quite difficult for you to satisfy that standard, assuming that it applies to your case.
3. There is also a serious question about whether it is wise for divorced parents to engage in endless court battles regarding children and custody. It often does the children, and the relation of both parents to the children, far more harm than good. In my somewhat limited experience with custody matters, keeping the courtroom war going eventually leads to children feeling bitterly resentful toward both parents, and the poison lasts for years . . . sometimes for a lifetime.
Consider whether you really want to do this.See question
Hi my friend is going through a appeal and this was on the dockets is this a good thing
I will only add to the excellent responses of my Florida colleagues that one situation in which a motion to toll briefing might be filed is where a potentially controlling legal issue is pending before a higher court, and one or both parties suggest that the case be essentially put on hold until the issue is decided by, for example, the Florida Supreme Court.See question
A PCRA was filed but was denied on May 22, 2! 1017. I was told i have 30 days to appeal. I don't have the funds available to hire an attorney by Wednesday. Is there a way i can file it myself then hire an attorney later?
In most states you initiate an appeal by filing a "Notice of Appeal" with the clerk of the trial level court within the time required by state law. Some states use slightly different procedures. My thought would be that you would file your own notice of appeal pro se along with a motion asking the court to appoint appellate counsel for you, but I suggest that you await a response from an attorney familiar with criminal appeal and PCRA practice in Pennsylvania.See question
I'm 15 and my boy friend is almost 18 if i give my consent and both our parents do too is there a way for it to happen without it being illegal?
Your consent will have no legal validity. The only effect your parents' consent might have would be to subject them all to a possible felony prosecution. As to the option that one of my out-of-state colleagues suggested that marriage could be a possibility, I admit that I am not well up on the law in Illinois on that subject, but I was under the impression that you cannot marry in Illinois at your age. I may be mistaken about that. Legal or not, I cannot recommend marriage at 15 for anyone.See question
Im currently involved in a criminal case and am fearful of losing due to ineffective councel by the oc public defenders office. If i do lose how or who files for an appeal? Do i have to pay for an appeals attorney? What if i cant afford one?
Your trial attorney has a duty to file a the notice of appeal or whatever other documents are required to initiate a timely appeal under your state's law. If you want to appeal, just tell your PD (not only orally but also by letter, and keep a copy of the letter) and it should get done.
As to who represents you on your appeal, you always have the right to hire a private attorney. If you cannot afford to do so, however, you have a right to appellate counsel appointed by the court. Different states have different appointed counsel systems. In some jurisdictions your local public defender might handle the appeal. Many use a statewide appellate defender office. Still others use a panel system whereby cases are assigned to private attorneys. The important thing is to be sure that your notice of appeal or other initiating documents get filed on time.See question
I recently had a trial and lost it and including the appeal. What options do I have now if I believe evidence was forged by the state? Can I take the appeal higher to another level.
You ;would do well to consult an attorney familiar with criminal appellate and collateral review practice in Arizona. The kind of claim you want to raise would, under the law of many states, not be appropriate for appeal at all but would have to be raised in some kind of petition for collateral review such as a post-conviction petition, PCRA, habeas corpus application, etc. depending on state law. Find out from knowledgeable counsel how it can be raised in your state.See question
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