and the person is found guilty again, does the original sentence continue or will there be new sentencing?
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... Read more »
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?
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... Read more »
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... Read more »
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.
answered on May 10, 2023
That will potentially help you significantly if you can afford to do so.
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.
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... Read more »
answered on Mar 20, 2023
You would need to successfully appeal and withdraw your plea first. That would remove the restitution.
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.
No minor in no way orders or consumes the beverage, but picks up the tab. IE a minor takes their parents out for dinner.
answered on Feb 13, 2023
Money is money. There would be no problem with the minor paying for the bill.
.76 grams of meth which is way less than the 8 grams they originally claimed she had.
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.
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
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.
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... Read more »
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
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... Read more »
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.
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.
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... Read more »
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... Read more »
My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.
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.
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... Read more »
I’m 79 years old & don’t want to travel anymore.
answered on Aug 27, 2021
You will need a lawyer in Nevada. I would like to know more about the details of your case, and then I could probably set you up with a lawyer in Nevada, if you wish.
Hello everyone ☝
answered on Aug 9, 2021
You seem to be answering a question in the wrong place. Apparently you should have answered directly to the attorney that asked the question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
