Lawrence S. Katz’s Answers

Lawrence S. Katz

West Bloomfield Appeals Lawyer.

Contributor Level 4
  1. I am from Michigan and I have a csc case that I was found guilty of almost 30 yrs ago. there was a recantation and we went back

    Answered 4 months ago.

    1. Lawrence S. Katz
    2. Becket J. Jones
    3. John Freeman
    3 lawyer answers

    Your question, unfortunately, leaves out important information that a lawyer would need to know in order to give you specific advice. The lawyers who answered your question are referring, correctly, to a rule that allows a convicted person one last chance to get justice, even if they have already lost their appeal as of right to the Court of Appeals and their appeal by permission to the Supreme Court. The law dealing with this one last chance can be found in MCR 6.500 - 6.509. You will have to...

    1 lawyer agreed with this answer

  2. Am i looking at jail time for a 1 year misdomeanor larceny charge with a clean record?

    Answered over 1 year ago.

    1. Steven M. Dodge
    2. Joshua Duane Jones
    3. Edward Jacob Sternisha
    4. Patricia A. Reiser
    5. Lawrence S. Katz
    6. ···
    6 lawyer answers

    Sentencing is up to the judge. Predictability may be a little easier in felony cases, where there are minimum sentence guidelines. There are no guidelines in misdemeanor cases. And most sentences, within a wide range of a judge's discretion, will be upheld on appeal. That being said, it sounds like you have may favorable factors to argue to the judge in support of leniency. Be sure you are properly represented.

    1 lawyer agreed with this answer

  3. In Michigan can you file a "Memorandum in Support of Jurisdiction" in a felony conviction going to the Michigan Supreme Court?

    Answered over 1 year ago.

    1. Lawrence S. Katz
    2. James S. Lawrence
    2 lawyer answers

    Your question is not clear because it is phrased in terms that are not used in the law. The answers to all your questions can be found in the Michigan Court Rules - MCR 7.300. There are two parts to an Application fot Leave to Appeal - jurisdiction and merit. First you need to show that Court that you have the right to have your appeal considered. This first requirement will be met with docket entries from the Court of Appeals and copies of the Order or Opinion appealed from. An affidavit can...

    1 person marked this answer as helpful

  4. Can police re charge you with "disturbing the police" after they have already dropped the charges 3 months later?

    Answered over 1 year ago.

    1. Edward Jacob Sternisha
    2. Lawrence S. Katz
    2 lawyer answers

    Yes. As long as the case was dismissed before the case actually went to trial, the dismissal is considered "without prejudice," which means the case case be brought again. The double jeopardy clause of the U.S. Constitution prevents people from being tried twice for the same crime. But you have not yet been tried once, because the case was dismissed before trial. There could be many reasons why the case was dismissed and why it has now been reauthorized. In any event a real win has to be on the...

  5. I was fired from a job and my employer kept paying me. He is now trying to get the money back. Am i responsible?

    Answered almost 3 years ago.

    1. Lawrence S. Katz
    1 lawyer answer

    Unfortunately, there is no "free lunch" in this situation. If you received payments for work you did not perform, those payments must be returned to your former employer. Overpayments by mistake are quite common in both the private and public sectors. When that happens, the person receiving them should return them immediately. Knowingly keeping money sent by mistake is a serious matter. A repayment plan would seem to be a fair way to resolve this matter.