Can we appeal a criminal conviction and get a retrial before sentencing after been found guilty at trial and already in custody
Herb's answer
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Answered on April 16, 2017
I recommend that you speak to his defense attorney and ask if there are grounds to file a Motion for New Trial.
As for an appeal (which is...
Archived
What is the statute of limitations in CA for interference with contract?
Herb's answer
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Answered on April 15, 2017
Your firm has no right to control the client's decision. If you believe this is interference with contract I recommend that you bone up on...
Archived
How can I get help with a pro Bono attorney for an appeal
Herb's answer
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Answered on April 15, 2017
He has a right to an appellate attorney and that attorney will be appointed (and paid) by the court. You need not try to find pro bono counsel.
Archived
Where can I locate or find the latest update (4/2017) to The Public Safety Rehabilitation Act as to Prop 57 in Calfornia?
Herb's answer
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Answered on April 15, 2017
I am moving your question to criminal defense where you might receive a response from attorney who practice in this area.
Archived
How many days does a party pro per have to notify the opposing counsel he will attend a deposition of a non party?
Herb's answer
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Answered on April 15, 2017
If you are a party you have the right to attends all depositions in the case (and the right to depose the witness as well, even if you did not set...
Archived
Missed filing opening brief on civil appeal. Received notice of dismissal.
Herb's answer
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Answered on April 15, 2017
It is not clear whether you received a default notice warning that if your brief is not filed in 15 says it will be dismissed, or instead an actual...
Archived
IF a Plaintiff wins a MSJ and is awarded costs and then the MSJ is reversed on appeal how does that effect the cost award?
Herb's answer
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Answered on April 15, 2017
If the judgment was reversed and remanded for trial, the cost award is automatically reversed as well. There is not yet a prevailing party on the...
Archived
Attorney represented me for a case that I believed was for a certain amount. Ended up it was 3 times that and I lost!
Herb's answer
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Answered on April 13, 2017
As for the prospects for an appeal, I would not recommend that you make that determination on your own. Depending on how much money is at stake,...
Archived
Elder Abuse restitution for close friend
Herb's answer
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Answered on April 13, 2017
This sounds like the ind of situation that may entitled your aunt to monetary damages. That in turn means that many attorneys would consider...
Archived
Is there any way to vacate a civil judgment against my daughter
Herb's answer
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Answered on April 13, 2017
It is difficult to respond with any precision because your question mixes different legal concepts and it is not clear exactly what happened. For...
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