Questions & Answers
Can my brother be released from Abu Dhabi judicial court if he filed an appeal to reduce fine?
Hi.
My brother has been in Abu Dhabi judicial court for 2 weeks now and he had his first session with the judge 2 days ago.
Yesterday, the result came out, and it says that he has a fine of 10k dirhams. But now, I checked the case again this morning, it says there is an appeal from the party.
If he appealed to a higher court and paid the fine of 10k, can he still be released even if he has another hearing with a higher court to reverse the decision of a lower court?
If your brother has been given a fine of AED 10,000 and an appeal has been filed to a higher court, he can still be released after paying the fine.
The fine payment doesn't necessarily have to wait for the outcome of the appeal.
Dear Questioner,
Thank you for reaching out with your question. I understand the situation regarding your brother's case, and I will provide a response based on UAE law.
1. Paying the Fine While the Appeal is Ongoing:
If your brother has been issued a fine of 10,000 AED by the lower court, paying this fine does not automatically conclude the case, especially with an ongoing appeal.
An appeal is a process where a higher court reviews the decision made by the lower court, and it can either confirm, modify, or overturn the original ruling.
If the fine is the only penalty from the lower court's decision, and he pays it, this may allow for his release depending on his current detention status.
However, paying the fine while the appeal is still in progress does not necessarily prevent the case from continuing in the higher court.
2. Release Upon Payment of the Fine:
Whether your brother will be released after paying the fine depends on his specific detention conditions and the nature of the charge.
If he is in detention, paying the fine might help facilitate his release, but this depends on the other legal aspects of his case.
If the fine is the only remaining penalty, his release is more likely, but if there are other legal conditions (such as imprisonment), the outcome of the appeal could still affect his status.
3. Appeal Process and Impact:
The higher court will review the case on appeal, and if the appeal is successful, the fine could be reduced or overturned. If the appeal is unsuccessful, the lower court’s decision, including the fine, will stand.
It is advisable to continue the appeal process while ensuring your brother’s legal rights are fully represented.
Summary:
If your brother pays the fine but the appeal is ongoing, he may be released depending on his case's specifics.
The appeal itself could change the ruling, so it is important to keep the process moving and consult with a legal expert regarding the best course of action.
Please feel free to reach out if you need further clarification or assistance.
Best regards,
Mohammed Salah
Legal Consultant
Greetings,
If your brother has appealed the court’s decision, the case will proceed to a higher court for review. However, regarding his release:
If the fine is the only penalty, paying it should generally lead to his release, unless there are other legal restrictions, such as travel bans or additional conditions set by the court.
If there are other pending charges or detentions, his release may depend on the outcome of the appeal.
To ensure a smooth legal process and clarify his status, we recommend consulting a lawyer. Book a consultation with Future Vision for Advocacy and Legal Consultancy today or authorize us to handle his case.
Let us know how you'd like to proceed.
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
Dear questioner
You can check the possibilities for release, however, you may need to wait to pay the fines and finalize it because once an appeal is filed, then it means the final decision is not yet for the matter.
If you need further clarifications kindly share your Whatsapp number.
