My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More
I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.
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
I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More
It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this...View More
The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More
By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always...View More
I know that the victim is not the one on trial, but shouldn't the inconsistencies be a red flag and weigh in on the jury's based on beyond a reasonable doubt? I don't know if I worded the question correctly.
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
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
Whether there is still an opportunity to profit from the Minacs civil suit depends on various factors, such as the status of the lawsuit, the specific claims made, and any potential settlements or judgments reached. If you believe you are entitled to compensation for unpaid overtime or other labor...View More
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.
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.
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...View More
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
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... View More
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...View 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... View 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... View More
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...View More
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.
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...View More
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,...View 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... View More
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...View More
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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