Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.
Court date is Aug 29th but the case evaluation was this week and they recommended a $6,000 judgement. We were asking for $22,000. The 3 suspects all had criminal backgrounds I found out through the police report. My attorney just wants to settle for that but I do not. I want my day in court. Is the... Read more »
I took a plea deal for domestic violence in a case i was innocent of, my court appointed attorney advised me to because my ex wife and her friend would make up any story they could to get me in trouble, can I appeal it?
If you plead guilty, you can have a lawyer file an Application for Leave to Appeal with a higher court (if the request is made timely). The higher court will look at the Application for Leave to Appeal, and decide on the Application alone whether or not the Court will hear the appeal. In most...Read more »
Sometimes there are delays if a blood draw was involved in the case, because it takes quite a bit of time to have the sample tested at the laboratory. You can hire a lawyer at anytime to represent you - you do not have to wait to be charged to hire a lawyer. A lawyer can give you great advice,...Read more »
You can file a police report with the police department where the offense occurred. The police will likely conduct an investigation. If the investigating officer believes there is probable cause, the case will be presented to the prosecutor. The prosecutor will then determine what, if any,...Read more »
I am the Cubmaster/Treasurer/Den leader of my local Cub Scout Pack. I had reported fraudulent charges on the acgreecount. When I was called in to get my statement it was more like an interrogation and the green officer (who has never done this kind of thing before) was fishing to find something I... Read more »
Under the circumstances that you describe, you need a lawyer right away. I would not recommend making any further statements about this allegation to the police or anyone else. Your question does not indicate what city the allegation concerns. Please feel free to call me at either 248-792-2590...Read more »
My x wife told cops I violated my no contact order with her when in fact I only ever contacted her mom to set up visitation for me and my kids! She had to have told police that my messages to my mother in law's phone were to herself pretending the phone was hers and no police ever tried to contact... Read more »
No. This would be considered a felony offense if the person was prosecuted. Pursuant to Michigan Compiled Law 750.227 the maximum penalty for this offense is up to 5 years in prison, or a fine of not more than $2500.
Presuming that there is no type of aggravating injury, the maximum penalty for assault and battery is 93 days in jail and/or up to 2 years of probation. However, the Judge is not required to impose any type of jail if a conviction occurs.
You can either hire a lawyer to help you, or you can call the court that would have jurisdiction to see if there are any outstanding matters with your name. If you discuss the alleged facts with anyone, please be mindful that anything that you say could be used against you.
The charges are likely to be misdemeanor charges. Driving while license suspended is a 93 day misdemeanor, that can be enhanced to a 1 year maximum misdemeanor if you have a prior conviction for the same. No insurance is a 1 year maximum misdemeanor (it can be charged as a civil infraction as No...Read more »
My friend drives semi and I don't see him but couple times in a month. Wallet had No I.d cash or cards. In it was CPR and ems certs and his daughters SSN. I put wallet in my vehicle and finished building the dog kennel he wanted. A few weeks went by. I was pulled over for no license plate light... Read more »
I was cooperative, but confused and assumed a blood test would read lower. I now know that it was a mistake and considered a refusal. When I realized my error, I asked to blow instead, but was told it was too late. He threatened to strap me down and take the blood plus charge me with a felony. At... Read more »
If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your...Read more »
Criminal charges are being persued, the 'suspect' has been arrested and arraigned. He punched me in the face twice, knocking my front tooth out. He was the passenger in my car I was DRIVING, so i parked and demanded he get out. He refused, so i got out. Whwn he hit me he knocked off my glasses, and... Read more »
You were the victim of an intentional tort (assault and battery) and can pursue a civil lawsuit against him. The lawsuit can be filed as a small claims matter (where you represent yourself in court), however your recovery will be limited. You, or a lawyer retained to represent you, can file a...Read more »
no charges was pressed and it involved our 14 yr old niece who is already on house arrest. now cps is involved but because i cannot have contact with neither, i don't know what to expect at trial. nor do i know what the niece may have said to cps. i work in public school system, therefore i would... Read more »
Your question is not 100% clear. The first sentence indicates that you were "arrested and charged 2 DV". The second sentence indicates that "no charges were pressed". The question also indicates that there is CPS involvement.
Is this case being pursued in a district court, or a family...Read more »
A lot depends upon his Judge, your brother's prior record, and his sentencing guidelines. In most cases, the Court is more interested in payment. If the Court imposes a probationary sentence, they have an opportunity to hold jail or prison over his head if he does not make payments. He should...Read more »
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