QUESTION
Do I file an appeal, or a motion for re trial to get the ball started for a recent conviction of 1st DV?
Asked on Sep 17th, 2013 on Criminal Law - Michigan
More details to this question:
I feel I was improperly represented by my retained attorney, as well as a possible bias conflict between a witness/judge. Also, there was clearly not enough evidence to result in conviction.
6 ANSWERS
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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You have 21 days from the date of your conviction to file your claim of appeal. But an appellate court will generally only reverse for legal errors, as opposed to factual once. They will not read the transcripts and decide that they believe someone other than the trial judge believed.
Answered on Sep 23rd, 2013 at 4:46 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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If this was a conviction for a 1st offense, yes you can appeal. However most counties offer a 1st offender DV a program whereby his counseling, payment of fines, and passage of time with no further problems results in a dismissal of the action. This is a once in a lifetime program.
Answered on Sep 23rd, 2013 at 1:26 AM
Michael J. Breczinski
You get another attorney and file an appeal.
Answered on Sep 20th, 2013 at 9:24 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If your time to file an appeal hasn't expired, you are free to do so. However, I would suggest retaining a lawyer who specializes in appeals to review your case to determine what claims to raise and if you can prevail. Also, be patient. Appeals take time and can get expensive.
Answered on Sep 19th, 2013 at 5:06 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Hire an experienced appellate attorney asap. That is your only hope.
Answered on Sep 19th, 2013 at 11:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Hire an appellate lawyer to appeal the conviction now, you have very limited time.
Answered on Sep 19th, 2013 at 9:25 AM