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  1. #1
    Join Date
    Jun 2011
    Location
    Michigan
    Posts
    1

    Default Changing a Plea or Appealing

    My question involves criminal law for the state of: Michigan
    I had an argument with my bf and the neighbors called the police ... because I pulled his necklace police arrested me and charged me with domestic violence ... As the police noted no physical harm was done; the 'victim' did not press charges, but the state picked it up. I am a quiet individual who has never been in trouble. I was assigned a lawyer by the court and I feel that I was short changed; on the day of court he told me to plead guilty (when i actually i wasn't because I never actually touched him) and I did (I should've known better).

    I was assigned a special probation to keep it off my record - i was doing good until I lost both of my jobs ... i loss everything; as a result; I was in violation of my probation - the judge revoked it ...

    Can I change my plea or appeal my conviction because I really am not guilty and my public defender was not straightforward with me.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Changing a Plea or Appealing

    The short answer is "no".

    You can't change your mind after pleading guilty, as a rule.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Changing a Plea or Appealing

    Usually, you have 30 days to appeal. Keep in mind, domestic battery does not have to involve, physical damage to be a cpnviction.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Changing a Plea or Appealing

    Quote Quoting viol8te
    View Post
    Usually, you have 30 days to appeal. Keep in mind, domestic battery does not have to involve, physical damage to be a cpnviction.


    OP pled guilty and served the sentence....sort of.

    There's no appeal.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing a Plea or Appealing

    Quote Quoting distressed07
    View Post
    I had an argument with my bf and the neighbors called the police ... because I pulled his necklace police arrested me and charged me with domestic violence ... on the day of court he told me to plead guilty (when i actually i wasn't because I never actually touched him) and I did (I should've known better).
    By that logic if you hit somebody with a baseball bat you didn't "touch him" (the bat did), or if you shoot somebody you didn't touch him (the bullet did), so you're innocent. You grabbed a necklace that he was wearing. That's the touching.
    Quote Quoting distressed07
    Can I change my plea or appeal my conviction because I really am not guilty and my public defender was not straightforward with me.
    If that's the only thing on your record, including traffic misdemeanors, you can explore the possibility of an expungement after the five year waiting period.

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