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Questions Answered by Dana B. Carron
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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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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1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a charge of owi .17% for which I never took a breathalyzer for and got a ticket 11months later. Need help

Had a car accident went to hospital for 4 days. I'm pretty sure the hospital probably got it from my blood work and they send a ticket to me 11 months later fir owi

Dana B. Carron
Dana B. Carron
answered on Mar 24, 2022

If you cannot afford to hire an attorney, then you will get one appointed for you when you go to court. They will help you. If you can afford an attorney, my associate does a great amount of these types of cases, or you can keep searching and find someone else.

2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Is it possible to appeal for a warning arrest letter that been issued for innocent person since more than 15 years ago?
Dana B. Carron
Dana B. Carron
answered on Mar 20, 2022

Do you mean that they sent you a letter recently that warns you that they intend to arrest you in regards to a crime that happened 15 years ago? If so, your best chance to stop it is to have an attorney or someone else get in contact with the issuing authority and try to get more details about... View More

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1 Answer | Asked in Medical Malpractice for Michigan on
Q: iv infiltration (causing chemical burn & compartment syndrome on 5wk baby) would lawsuit happen in city injury tookplace

Or would lawsuit be in county where we live? Baby had a faciotomy in hospital but will have second surgery soon to see what injury looks like inside and than a skin graft is needed. Very little function in hand at this point. Looking for attorney to help with this matter

Dana B. Carron
Dana B. Carron
answered on Feb 22, 2022

A lawsuit could likely be filed in either location, and therefore, you should discuss with an attorney the details of your case, and then determine where it would be best to file your lawsuit. I would be glad to speak to you in further detail, and help you with this. The attorneys that I work... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: What area of practice covers both drivers license restoration and gun record expungment (preventing / restricting employ
Dana B. Carron
Dana B. Carron
answered on Jan 30, 2022

My associate handles both of these areas. You can contact me for further information if you wish, or you could probably find someone else the easiest by searching for an attorney that runs a general practice.

1 Answer | Asked in Criminal Law for Michigan on
Q: I need to know if my CSC 4th degree from1998 in Michigan is eligible for expungement
Dana B. Carron
Dana B. Carron
answered on Jan 6, 2022

You need to speak to an attorney that handles expungements, because it will depend on your complete criminal history. We handle these, or you can contact someone else that you find here.

2 Answers | Asked in Criminal Law for Michigan on
Q: Is there a chance based on this case the amount of years could be reduced

I know it’s aiding and abetting but her intention wasn’t for the man to be killed she was looking for her sister and one of the people also looking made the decision to commit murder without being encouraged to do so. She has no criminal history and is not the kind of person that should be... View More

Dana B. Carron
Dana B. Carron
answered on Nov 9, 2021

How do you already know what sentence she will receive? If she agreed as part of her plea to a specific sentence, then she cannot challenge the length of that sentence on appeal. If she did not agree, then she can appeal to the higher court and ask them to reduce it, however, they can only reduce... View More

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2 Answers | Asked in Criminal Law for Michigan on
Q: Can a circuit court judge rule if his term is expired? I can't find anything anywhere on st. Joseph County Michigan.

My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.

Dana B. Carron
Dana B. Carron
answered on Sep 10, 2021

There are ways to allow a judge to rule after his term expires. You can however certainly appeal the length of the sentence given as being excessive under the specific facts of your son's case.

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: how long after I get sentenced do I have to appeal
Dana B. Carron
Dana B. Carron
answered on Sep 5, 2021

42 days to request appointed counsel. 56 days to file a claim of appeal following a trial. 6 months to file an application for leave to appeal following either a plea or a trial. An infinite amount of time (no time limit) to file a post conviction motion for relief back in the trial court if you... View More

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