Archived
DO I have 60 days to file my notice of appeal even if the defendants are a public/government entity?
Dabney's answer
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Answered on April 10, 2014
Yes, the 60 day rule applies to any person, corporation or public entity. The 60 days starts running from entry of judgment or dismissal, not from...
Archived
Can I appeal a order on a judgment that I won, if I waited longer than 180 days
Dabney's answer
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Answered on April 10, 2014
Not sure what you mean about "filing to collect on the judgment." A judgment is collectible for many years, but you can't appeal the judgment after...
Archived
Can i hire an attorney after i have been appointed a PD?
Dabney's answer
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Answered on April 07, 2014
Yes, you may hire your own attorney at any time. Do you mean "counts?" Ultimately that will be up to the DA's office, but there could be a county...
Archived
I have court tomorrow for sentencing found out my attorney won't be available
Dabney's answer
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Answered on April 03, 2014
That will probably depend on whether you have retained an attorney or have a public defender. If it's the public defender, often a substitute PD is...
Archived
DE-140
Dabney's answer
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Answered on April 03, 2014
Assuming, without researching it, that this is a Judicial Council form, there would be no "unseen risks" using it. That said, there are always...
Archived
In order to file a more misdemeanor charge 530.5a , is there general rules to file in los Angeles municipal courts?
Dabney's answer
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Answered on April 03, 2014
It is unclear how the incident happened a year and a half after it was investigated? I recommend you hire a criminal attorney, or the court should...
Archived
My appeal lawyer lied to me.......Said I had a good case, yadda, yadda, yadda. Frankly I think he was just flirting with me all
Dabney's answer
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Answered on April 03, 2014
I agree with my colleague, but this doesn't sound like it was actually an appeal, because sentencing happens prior to any appeal. This sounds more...
Archived
What is the main function of an Appellate Brief?
Dabney's answer
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Answered on April 02, 2014
It is never a good idea to bring up lots of issues, because the unimportant issues will make the important ones appear less so. You should consult...
Archived
Without a statement of ruling, is it inferred on appeal the trial court was correct?
Dabney's answer
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Answered on April 02, 2014
Yes, there is a presumption the trial judge ruled correctly and followed the law. Whether a statement of ruling is required depends upon whether...
Can the Appeal Court reverse a sentence of a restraining order? Or dismiss it?
Dabney's answer
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Answered on April 02, 2014
Restraining orders are very rarely reversed on appeal, because it is the trial court that can judge the respective credibility of the parties....
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