answered on Jun 21, 2022
First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... Read more »
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 »
My grandson resides in Michigan with his mom. In 2020, he was taken from her. She and my son were given a list of requirements that had to be met in order for her to get him back. My son was told that if he signed away his rights it would get my grandson out of foster care sooner, so he did. Not to... Read more »
answered on Feb 14, 2022
This is a highly complex situation. Reading between the lines based on Mom having the kids now, it sounds like CPS and the foster care workers believe your son has some significant culpability. Do you know if he signed a custody agreement or a voluntary termination of parental rights? Those are two... Read more »
Also in a case of jury tampering, where a juror told two other juror about being approach outside court room about finding defendant guilty. do the judge have to do an investigation questions all jurors whos involved or could the judge just bring out all jury member and not question them about the... Read more »
answered on Dec 21, 2021
You're not going to get the plea deal back. The time to accept the plea deal was before the jury sat down and was sworn in. Once a trial starts, you're in it for all the marbles.
Jury tampering is a separate issue, and will need to be addressed on appeal possibly. From the... Read more »
no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »
answered on Nov 21, 2021
You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »
answered on Nov 9, 2021
Appeals generally turn on some legal error. Questions of fact or credibility of witnesses is for the trial court to determine. If there is a legal error and a question of fact, the remedy is usually a remand (send back) to the trial court for either a hearing or new trial.
An appeal is... Read more »
Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments
answered on Nov 8, 2021
For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... Read more »
It was due to traffic stop and an supposed to be chemical drug test refusal which I just didn't understand
answered on Oct 6, 2021
What is your question? It sounds like you got an implied consent violation. When the police suspect you of drunk driving, by virtue of you driving, you consent to a chemical test - which is usually a breath test administered at the jail or police station; not the one done on scene by the police,... Read more »
My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »
answered on Sep 23, 2021
That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.
While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial... Read more »
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 »
Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation
answered on Aug 8, 2021
Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... Read more »
I filed a civil case in small claims court against a door company for poor installation. We had a zoom conference and the judge could not hear me so he dismissed the case. I called the court and was told to file a motion, which I did, and due to the fact the post office having problems having... Read more »
answered on Jul 3, 2021
First, I am not a Michigan lawyer. But having said that, my answer is probably yes.
I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... Read more »
answered on May 18, 2021
I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... Read more »
The trial was a complete farce all the way threw a real circus never seen anything like it
answered on May 15, 2021
An appeal can definitely still be filed ... If I recall correctly, it is done with the trial attorneys filing affidavits of what they call the relevant facts at issue were.
I hired a lawyer to work on my LTD due to rejection from no due diligence on the part of underwriter.
My lawyer never disposed anyone or went to litigation.
MESSA called me to say they are sending me a check for almost 2 years back pay. I will pay what I owe. My lawyer said the... Read more »
answered on May 10, 2021
Your lawyer is correct. Generally, this sort of work is done on contingency, and in the world of government benefits is actually prescribed by law a certain percentage payable to the attorney. In either case, your lawyer was your representative in this litigation, and to properly settle the matter,... Read more »
He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... Read more »
answered on Jan 14, 2021
You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... Read more »
I am writing a paper for my AP Research course, but because there is no respondent I am unsure how to do so. In case you are unable to see what case I am referring to it is Courtney Wild's Petition for Writ of Mandamus to the US District Court for the Southern District of Florida. Thank you... Read more »
answered on Dec 9, 2020
To cite a case in the form used in a legal brief, refer to "A Uniform System of Citation", also known as the Blue Book. A style guide for writers may be useful, depending upon the preference of your instructor and the rules you have been asked to use.
If you look up the case you... Read more »
answered on Nov 16, 2020
Are you the defendant? If not, your efforts would be better spent on retaining counsel for the defendant. Appeals are complex and require a solid foundation in the law and its construction and interpretation; they should not be done alone or by anyone who is not an attorney. More important, if you... Read more »
Drug case
answered on Aug 11, 2020
The filing fees charged by the court are listed on its website. If you are going to file an application for leave to appeal with the Michigan Supreme Court, you may want to consider hiring an attorney.
answered on Jun 29, 2020
Yes you do. An appeal doesn't not stop an active sentence, with few exceptions.
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