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  1. #1
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    Default How Long Before You Get a Court Date on an Appeal

    My question involves juvenile law in the State of: A.L.

    I was found delinquent in a case and sent to “camp” for an undetermined amount of time. I just now earned computer privileges and received permission to be on this site. My time is very limited so please only give answers that might help me. The attorney did not subpoena the people or the information I requested him to so I was a sitting duck in court though he did put up a good fight I think. He encouraged me to file an appeal. I agreed and my attorney filed the appeal but it has been almost a month now and he says they have not responded, “it's sitting on the judges desk and I am not going to pester them about it.” is the response I got from my attorney. How long do they have before giving me another court date??? According to the attorney when that judge decides to sign it it will go to the circuit court for a date which might be months from now. This does not sound right to me and not correct from what I found in the Juvenile procedures I read online. It says juveniles in custody get priority. Also the “camp” said they were done with me, announced to everyone I was leaving, and then my PO told them not to release me. My attorney said the PO was not allowed to do that but he represented me on the charges not the punishment and I would have to hire him to sue the court/PO office. I don't get much time on the phone with the attorney, 2 minutes, once per week, so it's hard to communicate with him and I am not allowed to talk to my parents until I have been here a long time and from what I have seen they revoke those privileges at the drop of a hat for the kids that can call.

    A Twist In The Case: The police officer that arrested me, searched me, and gathered evidence from the search has been arrested himself and charged with filing a false police report in another case. I thought this was great news but my attorney said it probably wouldn't help much.
    Also there was one more charge that they did not hear on my court day and the judge said he was not going to hear it that day so he would have something to hold me on. In his "order' it says he will hear the case on the day of my "after care hearing."
    Any ideas on what I should do to help my case?

  2. #2
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    Default Re: How Long Before You Get a Court Date on an Appeal It's Been a Month Now with No a

    Serve your sentence and behave. Everything you point at, is trying to bully the court. You are not in charge, the judge is. The court will respond in their time.

  3. #3
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    Default Re: How Long Before You Get a Court Date on an Appeal

    It is not even slightly unusual for appeals to take months. If you want to know practices in the county in which you were adjudicated, and whether docket congestion is an issue, you will need to consult (or have your family consult) a lawyer in that county.

    As I know essentially nothing about your case or the evidence, I'm not going to speculate about what could help you on appeal or, should you prevail on appeal, remand.

  4. #4
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    Default Re: How Long Before You Get a Court Date on an Appeal

    Thank you Mr. Knowitall.

    I took your advice and had my mother go see another lawyer. I just got her letter today. The lawyer checked on the case but couldn't get a lot of information because he was not the “attorney of record.” He said the appeal had been filed and it should have been assigned to a judge, which it has not been. He said the new judge could set the date at anytime but state laws dictates he make it a priority. He says the new judge has not seen the appeal because the first court maybe playing games with it. He also pointed out one order from the original judge had been filed but the other had not but the PO office was acting on both orders. The attorney assured my mom that I would get a fair trail from the new judge and I had been railroaded in the first trial by that judge and that my attorney wouldn't have to fear his job from the new judge. My mom also talked with the PO office and they said that they have not decided if there was a good recording of the hearing yet for a transcript and that is why it has not been sent to the new judge. It has been over a month since the appeal was filed. The place where I am at told my mom they had completed the evaluation on me and they had recommended I go home last month. My mom got a copy of their report. The PO office said I had to stay until I graduated high school and as soon as I graduated from high school I could get out. They said I could be out in 4-6 weeks. The attorney said, he heard, my school does not want me back because parents of some kids don't want me back in school. I have never gotten in trouble at school for problems with other kids. If I graduate here I can't return to my school and this is my senior year. A councilor here told me she had never seen a case go like mine.
    My mom really like the other attorney but we can't afford him, $3500 to start.

    You will not believe this but a second officer has been arrested who worked on my case. The officer was arrested for receiving and selling stolen property.

  5. #5
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    Default Re: How Long Before You Get a Court Date on an Appeal

    I got a copy of the juvenile law that they had here. These are some things that I have concern with.


    Section 12-15-202 (f)(4)
    The child shall be furnished a transcript on appeal.

    ** They will not provided us with a transcript. How do we force the issue.


    My court “ORDER” says:
    The juvenile was represented by guardian ad litem, “John Doe.”

    ** I was not appointed an attorney but from what I read, see below, I should have had an attorney.
    I only had a guardian at litem, who is an attorney. It looks like there is a difference and it seems to explain why the “attorney” did not do the things that we clearly asked him to do and agreed to things we did not want to agree to.


    12-15-405 (b)
    The court will appoint the child an attorney. The court may appoint a guardian ad litem in addition to child’s attorney.

    12-15-102
    (5) CHILD'S ATTORNEY. A licensed attorney who provides legal services for a child, ... and who owes the same duties of undivided loyalty, confidentiality, and competent representation...

    12-15-102
    (10) GUARDIAN AD LITEM. A licensed attorney appointed by a juvenile court to protect
    the best interests of an individual without being bound by the expressed wishes of that
    individual.

    2-15-210
    (a) In delinquency and child in need of supervision cases, a child and his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court or its representative at intake that the child has the right to be represented at all stages of the proceedings by a child's attorney retained by them or, if they are unable to afford a child's attorney, by a child's attorney appointed by the juvenile court.
    (b) If a child's attorney is not retained by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood such may result in a placement in an institution in which the freedom of the child is curtailed, a child's attorney shall be appointed to defend the child.
    (c) In delinquency and child in need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition to the child's attorney described in this section.


    ** If I am right how do I get an attorney?


    12-15-308 (c)
    At the commencement of the 72-hour hearing requirement, the juvenile court shall advise
    the parent, legal guardian, or legal custodian of the right to counsel and shall appoint
    counsel if the juvenile court determines he or she is indigent. If the juvenile court already
    has not done so, it shall appoint a guardian ad litem for a child who is a party to the
    proceeding. It is the responsibility of the guardian ad litem to present evidence
    supporting the best interests of the child. The parent, legal guardian, or legal custodian
    shall also be informed of the contents of the petition and, except as provided herein, shall
    be given an opportunity to admit or deny the allegations of the petition.

    ** This was not done. I was not told about some of the charges, less than half, and was not given an opportunity to admit or deny the allegations.

  6. #6
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    Default Re: How Long Before You Get a Court Date on an Appeal

    You said you have an attorney. Now you are saying you do not. Which is it?

  7. #7
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    Default Re: How Long Before You Get a Court Date on an Appeal

    Does this apply to my appeal?

    ALABAMA RULES OF JUVENILE PROCEDURE
    Rule 1. General procedure and time limitations.

    (B) Procedure shall be uniform in all courts, whether at circuit or district court level or in the circuit court by
    trial de novo. All post-judgment motions, whether provided for by the Alabama Rules of Civil Procedure or the
    Alabama Rules of Criminal Procedure, must be filed within 14 days after entry of judgment and shall not remain
    pending for more than 14 days.
    Summary judgment motions may be filed 14 days after commencement of the action
    or case, provided they are served 7 days before the time fixed for hearing. The court retains jurisdiction to amend
    judgments for 14 days after entry of judgment. Where execution or similar proceedings are appropriate to enforce a
    judgment, the same shall not be taken for 14 days.

  8. #8
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    Default Re: How Long Before You Get a Court Date on an Appeal

    Did I say something wrong?

  9. #9
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    Default Re: How Long Before You Get a Court Date on an Appeal

    You're dumping statutes into posts and asking people to parse through the dumped information and figure out how it might related to your case. Apparently, not many people want to do that.

    Quote Quoting Alex95
    View Post
    Section 12-15-202 (f)(4)
    The child shall be furnished a transcript on appeal.
    Read the rest of the statute. If you can afford a transcript you have to pay for it. If you cannot, you need to petition the court to order the transcript at no cost. Don't waste our time by partially quoting a statute where the remaining provision contains the answer.
    Quote Quoting Alex95
    I was not appointed an attorney but from what I read, see below, I should have had an attorney.
    Once again, as the statute clearly indicates, you had the right to a court-appointed lawyer if you could not afford a private attorney. If you chose not to retain a lawyer, or chose not to petition for a court-appointed lawyer despite being eligible, then you chose not to be represented. Fill us in.
    Quote Quoting Alex95
    ** If I am right how do I get an attorney?
    Again, you told us that you have a lawyer. You should be posing these questions to your lawyer.
    Quote Quoting Alex95
    This was not done. I was not told about some of the charges, less than half, and was not given an opportunity to admit or deny the allegations.
    You say it wasn't done. You are free to try to raise the issue on appeal, demonstrating from the transcript what was or was not done, and establishing to the court that whatever error you identify constitutes a basis for relief under the governing law and standard of review.
    Quote Quoting Alex95
    View Post
    Does this apply to my appeal? ...
    All post-judgment motions, whether provided for by the Alabama Rules of Civil Procedure or the Alabama Rules of Criminal Procedure, must be filed within 14 days after entry of judgment and shall not remain pending for more than 14 days.
    You haven't told us about any motions. Fill us in.

  10. #10
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    Default Re: How Long Before You Get a Court Date on an Appeal

    Very sorry Mr. Know it all. I shortened things giving only the parts that I thought applied. I am very limited on computer time.

    I heard back from my parents who talked to my supposed attorney and he confirmed that he was not my attorney he was my GUARDIAN AD LITEM. This is after months we were under the impression that I had an attorney.
    He said we don't need an attorney because his opinions are inline with our opinions.
    Do I need an attorney? And how do I ask for one from here? My parents work but can't afford an attorney but if they say my parents can afford an attorney and they can't or don't hire me an attorney what can I do?

    The GUARDIAN AD LITEM (GAL) also said:
    They do not want my appeal to go threw because they know I will be acquitted and allowed back into school.
    If they hold me, and tell me “we will let you go when you graduate” I cannot return to school with diploma in hand.
    The school does not want me back because of pressure from some of the parents. This was told, hinted, or sent physic messages to the Judge by the school.
    The judge has told, hinted, or sent physic messages to the JPO office to hold me in detention even though that is against the law. The GAL says if we force the issue the judge will say he is holding me there because of the pending case that he said in court that he was leaving open so he would have control over me in case of an appeal.
    The clerks office still has not assigned my case to a judge and my case is still sitting on the clerks of the courts desk since 12/9/11. There is some mystery person who only works one day per week but has been out of work for weeks that knows how how to put a juvenile case on to the docket system without it showing up in public records.
    The JPO says they are still deciding if the recording is good enough for a transcript. The GAL says we don't really want a transcript we want a trial de novo. The GAL says with a transcript the appeal goes to Montgomery and is decided by a panel and they side with the judge in over 95% of the cases.

    A week plus ago the GAL said he would make the JPO and Judge take a position and then he would file for a hearing. At the last meeting he said give him two more weeks, he wants to casually run into them and slip it into the conversation. I am uneasy at this point about him, the GAL.


    All post-judgment motions I was thinking the appeal was a motion but the GAL said it was not.

    Mr. know it all or anyone that can help, your answers “petition the court,” I don't know how to do this.
    I do not know how to ask for an attorney, who do I ask or petition?
    I was never told I was entitled to an attorney. Please read section b below it says I shall be a be appointed an attorney.

    2-15-210
    (a) In delinquency and child in need of supervision cases, a child and his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court or its representative at intake that the child has the right to be represented at all stages of the proceedings by a child's attorney retained by them or, if they are unable to afford a child's attorney, by a child's attorney appointed by the juvenile court.
    (b) If a child's attorney is not retained by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood such may result in a placement in an institution in which the freedom of the child is curtailed, a child's attorney shall be appointed to defend the child.
    (c) In delinquency and child in need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition to the child's attorney described in this section.

    From my other post:
    I was not told about some of the charges, less than half, and was not given an opportunity to admit or deny the allegations.
    Quote: “You say it wasn't done. You are free to try to raise the issue on appeal, demonstrating from the transcript what was or was not done, and establishing to the court that whatever error you identify constitutes a basis for relief under the governing law and standard of review.”

    They did not record the 72 hour hearing and there is no tape or transcript of that hearing at all.
    Mr. Know it all if you give me an e-mail address I will get someone to e-mail you a copy of all the papers we have to look at and give me some advice on what to do.


    Just a note on what an awful place this is. Kids are encouraged to tell on each other to get time taken off their stay but you need a witness to tell so kids group and make up things on each other and hide things in other people stuff so they can tell on them. The person they tell on gets more time. You have to constantly watch everything because someone is setting you up. My time has been set on me graduating so I can't get time off for precipitation in this activity but if it was different you have to do it or you will be here forever.

    Also: The only reading material you are allowed/required is a bible and you are required to read your bible every day.
    You are allowed to go to church but you are only allowed to go to a local baptist church.

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