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  1. #1

    Default Really Need Help- Probation Violation, Possible Appeal

    My question involves criminal law for the state of: Michigan

    Hi, I have a friend who I have know for a very long time, and is need of dire help. My friend came from a different state to stay with his girlfriend. Long story short, this girlfriend's daughter accused him of Criminal Sexual Misconduct. First off, I have known this guy for awhile and know that he would not do such a thing. Second, his girlfriend had 4 children and she lost custody of 3 of them excluding the girl who "cried wolf." Third, the girl was discharged from a psych ward weeks prior to the "incident." Fourth, the interviewing police officer "lost" all of his notes and recordings from the interviews. This officer was allowed to recall from memory these "interviews." My friend could only use the court appointed lawyer. After sitting 9 months in jail, he was given the option to take a plea. He took the plea, and now faces probation violation. He has probation violation, due to him having a relationship with someone with children, whom he never saw..............

    Can he appeal? Can anyone help?

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Really Need Help- Probation Violation, Possible Appeal

    Your friend has 30 days from the date of his plea to appeal his case regarding the new offense. However, the dynamics of the basis for violation may not only hinge on the new offense, there may be other factors. Your assessment of the quality of woman your friend was involved with, as well as the views that you hold towards her children are irrelevant. There is nothing wrong with the abilities of a court appointed attorney.

    Basically, unless your friend consults any attorney of his choosing and can pose a constitutional question regarding the validity of his case's court proceedings, not much can be done. He needs to find an attorney that upon consulting with his about the specifics of his case, sees errors regarding how this case was handled.

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