Appeal

Think that you were wrongfully convicted?  Wish you could protect a loved-one but you feel helpless because they are in prison?  Count on The Nunzio Law Firm to fight for your rights through an appeal.  An appeal is a formal way of asking the higher courts to review your case - but let us be clear, this is not a new trial.

There are a few ways to appeal a criminal conviction. Appeals require an argument that something went wrong during the trial. For example, a procedural issue such as allowing the jury to see or hear evidence that they should not have. Or the Judge didn’t allow the defense attorney to argue a different theory of the case. Or the Prosecutor’s closing argument went too far past the line of reasonable inference based on the evidence. Or the Defense attorney missed a crucial piece of evidence. Or simply asking the Court of Appeals to take a “fresh look” at the case. As you can see, there are many different avenues for appeals, but the Nunzio Law Firm can only make arguments based on the facts of your case.

What is the Michigan Appeal Process?

  1. Call The Nunzio Law Firm immediately at (616) 336-8100. The firsts steps of the appeal process are time-sensitive. We offer a Free Consultation in discussing the best options on moving forward with you or your loved one's matter.

  2. The Nunzio Law Firm will collect evidence and file the appeal.

  3. If the Court of Appeals schedules oral arguments, The Nunzio Law Firm will argue on your behalf.

  4. Wait for the Court of Appeals' opinion.


Expungement

What is an Expungement? The State of Michigan and The Nunzio Law Firm believe that everyone makes mistakes and that everyone deserves a second chance. Here is where setting aside a criminal conviction, or Expungement, comes into play. This process allows you to permanently remove your public criminal records. Why is this important? It allows you peace of mind when you apply for a new job. Setting aside convictions ensures that employers won't hold your past against you after they have run a background check. Start your Expungement process today by calling The Nunzio Law Firm at (616) 336-8100.

What is the Michigan Expungement Process?

  1. First, you must determine if you are eligible for an Expungement. Call the Nunzio Law Firm at (616) 336-8100 for a Free Consultation.

  2. If you are eligible, The Nunzio Law Firm will gather the evidence needed and file it appropriately.

  3. Once you are granted a hearing, the Nunzio Law Firm will help you present the best case. This is an extremely important step because this is your only opportunity to impress the Judge. The Nunzio Law Firm will prepare you, make sure that you have brought the correct papers, and instruction you on which types of witnesses will bring results. The Nunzio Law Firm will stand by your side every step of the way.


Probation Violations

What is a Probation Violation? After a criminal conviction, the Judge has many options. The Judge can sentence a person to jail/prison, a term of probation, or a combination of both. If the Judge gives probation, a criminal defendant will receive a maximum of 5 years on probation. The Judge can assign a variety of terms, including but not limited to curfew, no drinking alcohol, no using non-prescriptions drugs, no contact with the victim, no other issues with law enforcement, no new criminal cases, etc. (See MCL 771.3 for more examples). If a criminal defendant breaks a term of probation, the defendant will be sent a show-cause date (“you need to show up at court”) for a probation violation arraignment. At this time, a defendant will either plea or request a Probation Violation Hearing.

Are Probation Violations Serious? Yes. First, Probation Violation Hearings are very quick. Second, the Judge is deciding guilt or innocence. Third, the burden of proof to show that the defendant violated probation is a preponderance of the evidence. What’s a preponderance of the evidence? It means “more likely than not.” So, the Judge only has to determine that it’s more likely than not (51%) that the defendant violated probation. Fourth, the Judge is more likely to give a harsher sentence if you violate probation. This could mean that you go to prison, the same day. That’s why it is important to hire The Nunzio Law Firm to either fight the probation violation or negotiate the best possible outcome with a guilty plea.

What is next is the Process?

  1. You receive a show-cause notice for a Probation Violation Arraignment.

  2. Call the Nunzio Law Firm at (616) 336-8100 for a Free Consultation.

  3. If you hire the Nunzio Law Firm, we will be with you every step of the way, including at your show-cause Probation Violation Arraignment.

  4. If you chose to challenge the Probation Violation, The Nunzio Law Firm will fight for you at your Probation Violation Hearing.


Motions for Relief from Judgement

What is a Motion for Relief of Judgement?

This is also referred to as a 6.500 Motion because this form of relief stems from Michigan Court Rule 6.500. This is one of the last attempts to correct the wrong that took place at the trial court. A 6.500 Motion can only be filed after all other appellate remedies have been used. Unlike other appellate remedies, there is no deadline for a 6.500 motion. What qualifies as a good case for a 6.500 motion? Cases where there has been one of two times: 1) new available evidence or 2) retroactive changes in the law.

What does the Process look like?

  1. Gather all Court Documents, Witness Statements, and Potential Witness information.

  2. Call The Nunzio Law Firm for a Free Consultation.

  3. If The Nunzio Law Firm takes your case, we first conduct an Investigation.

  4. If the investigation uncovers New Evidence that would have Changed the Outcome in the Original Trial, The Nunzio Law Firm will draft and file a motion.

  5. After the motion is filed, the Court will set a motion hearing. The Nunzio Law Firm will fight for you at the Motion Hearing.

  6. Finally, We wait for the Judge to render an Option in the Matter.