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Questions Answered by Dana B. Carron
2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

Dana B. Carron
Dana B. Carron
answered on Jan 31, 2024

Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More

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2 Answers | Asked in Criminal Law for Michigan on
Q: How do I replace my michigan federal court appointed attorney who is racist and hostile
Dana B. Carron
Dana B. Carron
answered on Dec 18, 2023

When you go into court the next time, you calmly ask the judge if you may address him on something very important that your attorney is not willing to say. Then when the judge allows you to do that, you then calmly ask to have a new attorney appointed BECAUSE "there has been a complete... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind

My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to... View More

Dana B. Carron
Dana B. Carron
answered on Nov 15, 2023

You may have a good lawsuit, since the injury was not something that you were at risk to expect from the surgery. You will need to go into more details with an attorney, to allow them to review this matter before reaching a final conclusion to determine whether this matter can move forward and is... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: If the Michigan Court of Appeals sends a criminal case back to the lower court for a new trial

and the person is found guilty again, does the original sentence continue or will there be new sentencing?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: During a criminal Appeal in Michigan, can the fact that expert testimony was not called by the defenseor the fact that

some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... View More

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1 Answer | Asked in Personal Injury for Michigan on
Q: My father lost his life in a motorcycle accident. He was not at fault. How can I find out if any person sued?
Dana B. Carron
Dana B. Carron
answered on Mar 30, 2024

You need to discuss the details of the case with an attorney that handles cases in this area. My associate has over 40 years of experience in this area, and is one of the top auto and motorcyle plaintiff's attorneys in Michigan, and I am sure would be glad to discuss this case with you and... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Michigan on
Q: Should I notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal?

The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.

My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile... View More

Dana B. Carron
Dana B. Carron
answered on Feb 9, 2024

When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.

2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal

And is it good to go to trials on these cases

Dana B. Carron
Dana B. Carron
answered on Dec 10, 2023

Your choices will depend on the details of your specific case, and the proofs that the prosecution has. Your current lawyer will be able to give you much better advice than anyone here who does not know the specific factual details and proofs available against you in your particular case.

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2 Answers | Asked in Car Accidents and Traffic Tickets for Michigan on
Q: Can I get a ticket for careless driving if I fell asleep while driving and accidently got into an accident?
Dana B. Carron
Dana B. Carron
answered on Oct 30, 2023

Yes. because you should not have been driving if you were so tired that you would fall asleep.

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1 Answer | Asked in Workers' Compensation for Michigan on
Q: My current place of employment has reduced my hours from a consistent 32-40 hours a week to possibly 8 if I'm lucky.
Dana B. Carron
Dana B. Carron
answered on Oct 29, 2023

Is this due to a prior injury at your workplace? Then it would be a worker's compensation case, and we could discuss what you should do next.

2 Answers | Asked in Criminal Law for Michigan on
Q: Can a defendant ask for a reversal of a no contest plea in a criminal case?
Dana B. Carron
Dana B. Carron
answered on Jul 18, 2023

If it is within 6 months of sentencing, you should be able to file a general motion to withdraw the plea. After that, you would need to file what is known as a 6500 motion for post-conviction relief.

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1 Answer | Asked in Criminal Law for Michigan on
Q: i was released on parole on 6/06/23. i need help appealing COA decision case #364959.

i have been assigned attorney john g. zevalking but do not know if he will continue with my case. i do alot of the research and filing myself also. i am innocent of the charge i was convicted of and need help with appeals or with place to do research.

Dana B. Carron
Dana B. Carron
answered on Jun 28, 2023

Are you looking to hire someone, or just looking for advice?

2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Sexual Harassment for Michigan on
Q: worplace sexual harassment, intimidation, discrimination, workplace injury

I am currently still employed at a place where I had to endure sexual harassment, intimidation, discrimination and workplace injury to which they seemingly on purpose filled out paperwork to cause workmans comp to be denied and cause as much disarray as possible. I don't know if I should quit... View More

Dana B. Carron
Dana B. Carron
answered on May 19, 2023

Do you have a workers comp attorney? Ask him or get one. I can set you up with one of the best in Michigan if you still need help.

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2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: If i know I am going to be charged soon should I lawyer up now
Dana B. Carron
Dana B. Carron
answered on May 10, 2023

That will potentially help you significantly if you can afford to do so.

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1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Is there a way to get legal advice free
Dana B. Carron
Dana B. Carron
answered on May 10, 2023

There are places called "legal aid clinics" that may help you. Alternatively you can post questions on sites like this and often get legal guidance for no charge.

2 Answers | Asked in Criminal Law for Michigan on
Q: Is it possible to get a restitution charge dismissed due to ineffective counsel??

I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would... View More

Dana B. Carron
Dana B. Carron
answered on Mar 20, 2023

You would need to successfully appeal and withdraw your plea first. That would remove the restitution.

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I am looking for help with a drivers license appeal. Is there anyone who specializes in this area or that can help me?
Dana B. Carron
Dana B. Carron
answered on Feb 27, 2023

We need to know where you are located, before we can tell you if we can help you. You posted a question to attorneys within the entire state of Michigan, however, it indicates here that you are in Illinois. Please clarify.

1 Answer | Asked in Consumer Law and Products Liability for Michigan on
Q: If someone over 21 orders and consumes an alcohol beverage at a restaurant, can a minor pay for the bill?

No minor in no way orders or consumes the beverage, but picks up the tab. IE a minor takes their parents out for dinner.

Dana B. Carron
Dana B. Carron
answered on Feb 13, 2023

Money is money. There would be no problem with the minor paying for the bill.

2 Answers | Asked in Criminal Law for Michigan on
Q: How long can the police take to test a drug found in a traffic stop? Is 1yr and 10mo legal between collection and test?

.76 grams of meth which is way less than the 8 grams they originally claimed she had.

Dana B. Carron
Dana B. Carron
answered on Feb 13, 2023

I am not aware of any law that limits the amount of time they have to test it. However, the lengthy delay could be part of a good argument that you could make that the result is not reliable.

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2 Answers | Asked in Criminal Law for Michigan on
Q: Can you impeach a Detective that lied 4 times durning the grand jury . Actually have proof!
Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

Yes. You use your proofs to impeach him during trial.

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