Legal Question in Criminal Law in Michigan

Appeal a No Contest Plea

If someone has already been sentenced and they plead ''no contest'' is it possible to appeal? If so, would the cop out time the person took be offered again if there was still no chance in beating the case or would the original sentencing guidelines be used?


Asked on 3/31/04, 9:34 pm

1 Answer from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: Appeal a No Contest Plea

You have the right to file an Application for Leave to Appeal, that includes appealing both the conviction and/or sentencing. You should have been informed of this right at sentencing. You have the right to have an attorney or a court-appointed one if you cannot afford one. You must request that in writing within 42 days of the entry of the judgment. If you eventually go to trial and are found guilty, the sentencing guidelines will apply. Your reduced sentence (I'm assuming that happened) was simply a part of the plea bargain and will not be a part of sentencing upon a conviction. Good luck. Nancy L. Moore

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Answered on 4/02/04, 4:36 pm


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