Get free answers to your legal questions from lawyers in your area.
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?
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 
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
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
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
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... View 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... View More
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
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
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.
And is it good to go to trials on these cases
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.
answered on Oct 30, 2023
Yes. because you should not have been driving if you were so tired that you would fall asleep.
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.
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.
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.
answered on Jun 28, 2023
Are you looking to hire someone, or just looking for advice?
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
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... View 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.
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.
