What is the name of your state? Michigan
Last December I was charged with 2 counts of domestic violence by my nutcase brother who is addicted to alcohol and is now facing a second offense dui. I took one of the dv charges to jury trial and was acquitted. I accepted a plea bargain on the other one and had it reduced to disorderly conduct with 6 months of probation. My brother alleged that I burned him with a cigarette on the charge i'm now serving probation for. The problem is that he ended up admitting to my brother in law how he did in fact burn himself with a cigarette in retaliation because I had him charged with donestic violence in the past. He also told him that he did it because he wanted me kicked out of the house knowing that DV charges results in an automatic ppo. I didn't learn about this new evdence until after I agreed to a plea bargin and was placed on probation. There were no other witnesses when the alleged crime occured. How would I go about reopening this case with the new evidence that surfaced after i accepted the plea bargain? The only reason I accepted the plea bargain at the time was because I felt the risk of losing a trial wouldn't be worth it seeing they reduced it to disorderly donnduct. I now feel that I would have a guaranteed acquittal if this case was reopened. My brother in law told me that he will testify as a witness.
The reason i'm very concerned about this is because this same nutcase called the cops on me just last friday evening for no reason other than a simple verbal argument. I'm now facing a possible probation violation because I had been drinking. My brother is a total nutcase who is addicted to alcohol. In the last 6 months he's been calling the cops on anyone who spends evenings on him including by brother in law, his girlfriend, and me. He suffers from some sort of seizure disorder most likely alcohol related and has been in 2 auto collisions. He also lost his job because of his alcoholism and now lays on the couch all day watching tv and drinking. He's also been hositalized and forced to detox himself while there which hasn't helped.
Last December I was charged with 2 counts of domestic violence by my nutcase brother who is addicted to alcohol and is now facing a second offense dui. I took one of the dv charges to jury trial and was acquitted. I accepted a plea bargain on the other one and had it reduced to disorderly conduct with 6 months of probation. My brother alleged that I burned him with a cigarette on the charge i'm now serving probation for. The problem is that he ended up admitting to my brother in law how he did in fact burn himself with a cigarette in retaliation because I had him charged with donestic violence in the past. He also told him that he did it because he wanted me kicked out of the house knowing that DV charges results in an automatic ppo. I didn't learn about this new evdence until after I agreed to a plea bargin and was placed on probation. There were no other witnesses when the alleged crime occured. How would I go about reopening this case with the new evidence that surfaced after i accepted the plea bargain? The only reason I accepted the plea bargain at the time was because I felt the risk of losing a trial wouldn't be worth it seeing they reduced it to disorderly donnduct. I now feel that I would have a guaranteed acquittal if this case was reopened. My brother in law told me that he will testify as a witness.
The reason i'm very concerned about this is because this same nutcase called the cops on me just last friday evening for no reason other than a simple verbal argument. I'm now facing a possible probation violation because I had been drinking. My brother is a total nutcase who is addicted to alcohol. In the last 6 months he's been calling the cops on anyone who spends evenings on him including by brother in law, his girlfriend, and me. He suffers from some sort of seizure disorder most likely alcohol related and has been in 2 auto collisions. He also lost his job because of his alcoholism and now lays on the couch all day watching tv and drinking. He's also been hositalized and forced to detox himself while there which hasn't helped.