QUESTION
What can I do about getting attorney funding if I can't afford it?
Asked on Jul 25th, 2012 on Criminal Law - Michigan
More details to this question:
Wrongful conviction for larceny by conversion. Need funding to hire attorney to sue 56th Circuit Court for sixth and fourteenth amendment violations (I did not receive a fair trial, and ineffective assistance of counsel). I have a very good case against complainant. Good case to be awarded large compensatory damages from complainant, and Eaton County where trial(s) were held.
8 ANSWERS
Steven D. Dunnings
What attorney says you have a good case?
Answered on Jul 11th, 2013 at 12:59 AM
Michael J. Breczinski
You first need an appellate atttorney to have your conviction overturned.
Answered on Aug 23rd, 2012 at 12:06 PM
Dennis P. Mikko
Judicial immumity would prevent you from filling suit against the court. However, you might have other claims. You should consult with an attorney specializing in civil rights claims.
Most attorneys working in this area work on a contingent fee basis. That is, they get no attorney fee unless there is a recovery.
Answered on Aug 23rd, 2012 at 12:06 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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I assume that you either had a retained attorney or appointed attorney in the trial in which you claim you were wrongfully convicted.
I also assume that you were advised of your appellate rights at the time you were sentenced and I expect that if you had an appointed attorney a claim of appeal was filed if your lawyer agreed that you were wrongfully convicted.
If you have not already done so, you should request appointed counsel from the court in which you were convicted to handle the appeal. I don't know if there is an Appellate Defender's Office in Eaton County, if there is, you should contact them.
You might also contact the Criminal Defense Attorney's Association of Michigan which has an office in Lansing, MI to see if they can be of help. Good Luck.
Answered on Aug 23rd, 2012 at 12:06 PM
Check with SADO. "State Appellate Defenders Office." You would need "up front" money with your type of case [$2500-300?] with regular appeals attorney.
Answered on Aug 20th, 2012 at 1:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are running uphill. If you believe you were denied your constructional rights or effective counsel your remedy is appeal, and that will be at your cost. You will almost certainly NOT be able to recover from the Court of the County. You case against the complainant is another matter. You should make an appointment and discuss that with an attorney. Expect to be charged for the time and opinion. Depending on the situation, it maybe possible to interest an attorney to take that case on a contingency basis.
Answered on Aug 20th, 2012 at 9:39 AM
Leonard A. Kaanta
You cannot sue the Court, it has immunity. You can appeal your case, but you cannot seek damages.
Answered on Aug 20th, 2012 at 2:19 AM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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If you already know that you will be awarded "large compensatory damages" then it sounds as if you know what you are doing. As such, it does not sound like you are in need of counsel. FYI, ineffective assistance of counsel is grounds for appeal of the conviction, not necessarily a cause of action against the court for convicting you.
Answered on Aug 20th, 2012 at 1:53 AM