1st degree attempted burglary and 2nd degree burglary.

More facts are needed. It is possible he did not personally use a gun but an accomplice used the gun. It is also possible that he received...

Can a Police Officer enter a home freely?

A police officer acting in the course and scope of their employment could not enter your property without a search warrant, your consent, an...

Convicted of serious felony in CA. What do I need to file to protect my rights to appeal / file a writ? And how long do I have?

You must file a notice of appeal within 60 days of your conviction. If you were convicted in Los Angeles County, consult with California Appellate...

I was sued and won. The plaintiff might appeal can i countersue?

No. However, if you win the appeal you could consider at that time filing a new lawsuit for malicious prosecution. Such a claim requires you to...

Primary difference between Petition for Review v. Opening Brief, and Answer v. Opposition Brief in CA Supreme Court??

The main purpose of a petition for review is to convince the California Supreme Court why it should entertain the merits of the dispute. Although...

On appeal, do I have to list all of the actions in trial court in my statement of the case section?

You should only describe those procedural events that you and your adversary would find relevant to the legal issues you are raising. For example,...

Normally courts of appeal will not entertain arguments for the first time on appeal. If it was not made at the trial court level, it is difficult...

A trial court has broad discretion to issue sanctions against a party. It is the very rare case that a court of appeal will disturb (i.e. reverse)...

How long do I have to file an appeal if I am not content with custody/visitation orders? The order was given today.

Generally, the answer is 60 days from the date you are served with a document entitled “notice of entry of order.” That said, in family law cases...

Under most circumstances, a stay of appeal is not automatic and there is something further you should do in the trial court (a motion to stay). ...