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Advice Concerning Right To Appeal After Plea Of Guilty Or Nolo Contendere Form. This is a Michigan form and can be use in Appeals Statewide.
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Tags: Advice Concerning Right To Appeal After Plea Of Guilty Or Nolo Contendere, CC 265b, Michigan Statewide, Appeals
:
:
Approved, SCAO
Index No.
Calendar No. copy - Prosecutor
1st
:
Original - Trial court
2nd copy - Defendant/Juvenile for return
3rd copy - Defendant/Juvenile
JUDICIAL SUBPOENA
CASE NO.
Plaintiff(s)
STATE OF MICHIGAN
ADVICE CONCERNING RIGHT TO APPEAL
JUDICIAL CIRCUIT
-against:
AFTER PLEA OF GUILTY/
COUNTY
NOLO CONTENDERE
Judge:
:
Court address
Court telephone no.
:
Defendant(s) Defendant/Juvenile name, address, telephone no., and date of birth
:
......................................................
THE PEOPLE OF THE STATE OF MICHIGAN
v
THE PEOPLE OF THE STATE OF NEW YORK
1. You TO entitled to file an application for leave to appeal with the Court of Appeals. You are being given an Application for Leave
are
to Appeal form and instructions for completing it.
You are not entitled to have a lawyer appointed at public expense to assist you in filing an application for leave to appeal or to
assist you with other post-conviction remedies unless you meet the requirements in item 2 below.
GREETINGS:
Michigan Court Rule requires you to file your Application for Leave to Appeal within 21 days of sentencing, but you
have 12 months to file a late appeal under MCR 7.205(F)(3).
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable unable to retain a lawyer, the court must appoint a lawyer to represent you on appeal if:
at the
Court
2. If you are financially
located
County of exceeds the guidelines, or at
a. your sentence
in plea
, on plea
day of
, or
, at
o'clock in the
noon, and at any recessed
b. yourroom is a conditional the under MCR 6.301(C)(2),20
or adjourned attorney seeks leave to appeal, as
c. the prosecutingdate, to testify and give evidence or a witness in this action on the part of the
d. the Court of Appeals or the Supreme Court grants leave to appeal.
3. The request for a lawyer must be completed and sent directly to the court at the address noted above within 42 days after
Your failure to comply with this of this form must be completed.
sentencing. The financial schedule on the backsubpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
RECEIPT OF NOTICE OF APPEAL RIGHTS AND APPLICATION FOR LEAVE TO APPEAL
Witness, Honorable
, one of the Justices of the
On this day I received this form and financial schedule and an application for leave to appeal. I understand that I must return the
Court in
County,
day of
, 20
completed Request for Appointment of Lawyer to the court within 42 days if I want an attorney appointed for my appeal.
Date
Signature of defendant/juvenile
(Attorney must sign above and type name below)
REQUEST FOR APPOINTMENT OF LAWYER AND AFFIDAVIT OF INDIGENCY
I request appointment of an attorney to appeal my conviction. Conditions Attorney(s) for on the back of this form. The affidavit
for my request are
of indigency and financial schedule on the back of this form is submitted to show my financial condition.
I request the court waive the filing fee for my application for leave to appeal.
Date
Signature of defendant/juvenile
Office and P.O. Address
NOTE TO DEFENDANT/JUVENILE: After completing the request for appointment of lawyer and the affidavit of indigency and
financial schedule, keep one copy for yourself and return the other copy to the court.
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
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MCL 770.3a, MCR 6.302(B)(6), MCR 6.425(E),
MCR 7.205(F)(3)
CC 265b (6/03)
ADVICE CONCERNING RIGHT TO APPEAL AFTER PLEA OF GUILTY/NOLO CONTENDERE
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
AFFIDAVIT OF INDIGENCY AND FINANCIAL SCHEDULE
I request a court appointed attorney and submit the following information:
1. RESIDENCE
Rent
Own
Single
3. INCOME
Plaintiff(s)
Married
Calendar No.
:
Room/Board
Prison
JUDICIAL SUBPOENA
Live with parents
Number
-against-
2. MARITAL STATUS
:
:
Divorced
a. Employer name and address
Separated
:
Dependents:
Number
b. Length of employment
:
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. . Average. of .pay .
. ..... . ..
weekly
monthly
Net: $
Gross: $
every two weeks
d. Other income (state monthly amount and source [FIA, VA, rent, pensions, spouse, unemployment, etc.]) If no income, state NONE.
THE PEOPLE OF THE STATE OF NEW YORK
TO
4. ASSETS
State value of car, home, bank deposits, inmate accounts, bonds, stocks, etc. If no assets, state NONE. Attach an account
statement and certification for assets in prison accounts.
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as amortgage payments, child support, etc. of the
Itemize monthly rent, installment payments, witness in this action on the part
5. OBLIGATIONS
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
6. REIMBURSEMENT
, one of the Justices of the
day of
, 20
I understand that I may be ordered to reimburse the court for all or part of my attorney and defense costs.
(Attorney must sign above and type name below)
7. I pled guilty, guilty but mentally ill, or nolo contendere and I believe I am entitled to an attorney at public expense based on the
following circumstance as stated in item 2 on the other side of this form:
Attorney(s) for
a. my sentence exceeds the guidelines.
b. my plea was a conditional plea made under MCR 6.301(C)(2).
c. the prosecuting attorney seeks leave to appeal.
d. the Court of Appeals or the Supreme Court grants my leave to appeal.
Office and P.O. Address
Signature
Address
Name (type or print)
City, state, zip
Subscribed and sworn to before me on
My commission expires:
Date
,
Date
Signature:
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
County, Michigan
Notary public
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www.USCourtForms.com
