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  1. #1
    Join Date
    Nov 2011
    Posts
    2

    Default How to Appeal a Denied Motion

    My question involves criminal law for the state of: Michigan

    How do I appeal a wrongfuly denied motion? We already have a simmilar case that the michigan supreme court ruled was an illegal stop and search which was very simmilar to mine. The judge denied the motion but failed to say why that case did not qualify.
    I accepted the plea but now im having second thoughts, does that make it to late to appeal? do I have any options, my family cannot afford an appeals attorney would the public defender take this up.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Appeal

    You cannot accept a plea and then appeal a pre-trial motion.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appeal

    Unless your plea was conditional, but it wasn't, so....

    You can talk to your lawyer about the possibility of setting aside the plea bargain but, even if it's possible, that may land you in a worse position than the one you're presently in - that's not something we can evaluate without a lot more information about the case.

  4. #4
    Join Date
    Nov 2011
    Posts
    2

    Default Re: Appeal

    well it turns out that the crime im being charged with does not make me elligible for the type of plea they offered me, so i think that may open up the appeals process right?

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Appeal

    Quote Quoting Beal
    View Post
    well it turns out that the crime im being charged with does not make me elligible for the type of plea they offered me, so i think that may open up the appeals process right?
    No, it does not open up the appeals process. It may open up the possibility of setting aside the plea bargain and putting you back at square one but you need to talk to your lawyer about that.

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