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Questions Answered by Jeffrey Buehner

1 Answer | Asked in Criminal Law for Michigan on

Q: Could I face jail time for malicious destruction of property if it is listed as $200- $1000 and i have a clean record?

I was arrested, given a ticket and let out of jail in maybe 30 minutes on a personal bond. I now have a court date scheduled and because I’ve never been in trouble not sure what’s going to happen. I live in Macomb County btw..

Jeffrey Buehner answered on May 17, 2019

it is a misdemeanor criminal charge, so yes you could go to jail. That doesn’t mean you will go to jail. The facts of the case, the judge, the advocacy of your attorney and your background are all variables that can impact the type of sentence you will receive.

1 Answer | Asked in Domestic Violence, Juvenile Law and Small Claims for Michigan on

Q: Can I be prosecuted?

After the fight, her mother filed a police report against me and they said the other young lady had a knot on her head. Can I possibly go to jail? I am 17 and a Junior in high school.

Jeffrey Buehner answered on May 10, 2019

If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.

1 Answer | Asked in Criminal Law for Michigan on

Q: My fiance has charge filed against him we don't understand. Unlawfully driving away w/ an automobile what does that mean

Jeffrey Buehner answered on May 9, 2019

Unlawfully driving away an automobile is a felony offense punishable by up to 5 years in prison. The offense consists of taking possession of and driving away a motor vehicle belonging to another without their permission.

3 Answers | Asked in Criminal Law for Michigan on

Q: I have not been arrested but have been threatened with embezzlement charges.

I am the Cubmaster/Treasurer/Den leader of my local Cub Scout Pack. I had reported fraudulent charges on the acgreecount. When I was called in to get my statement it was more like an interrogation and the green officer (who has never done this kind of thing before) was fishing to find something I... Read more »

Jeffrey Buehner answered on Mar 12, 2019

You shouldn't answer any further questions without an attorney. You have a fifth amendment privilege against self-incrimination. What city did this occur in?

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1 Answer | Asked in Criminal Law for Michigan on

Q: My friend borrowed my car to go out of state and sold my car instead of returning it to me. What do I do?

There wasnt a police report bcuz she kept lying. First said she was in an accident and my car was totalled. Then found out from someone else she sold it.

Jeffrey Buehner answered on Jan 11, 2019

You should file a police report. If your 'friend' sold your car, that's a crime.

1 Answer | Asked in Criminal Law for Michigan on

Q: Can my original video testimony be used during trial if I dont take the stand

Jeffrey Buehner answered on Nov 2, 2018

It is unclear what you mean by 'original video testimony.' If you testified at the preliminary examination, yes that can be used during the trial irrespective of whether you testify at trial. If you testified at an evidentiary hearing, that generally can't be used, but in certain circumstances it... Read more »

1 Answer | Asked in DUI / DWI for Michigan on

Q: A friend of mine was arrested for drunk driving over four years ago,he has not been to court yet. Can he still be convic

Jeffrey Buehner answered on Oct 24, 2018

Yes, your friend can be convicted - he probably has an outstanding bench warrant for his arrest. Your friend would be well-advised to contact an attorney.

3 Answers | Asked in Constitutional Law and Criminal Law for Michigan on

Q: Can police put spy software on my phone, if so do they need a warrant and can I know if they did

The police went through my phone to see if they could find any material (didn't) after I was arrested for b and e. (they took it too Lansing state police to have them hack into hit. Now they are giving it back today, do you think they put spying software on it and if so, is it legal

Jeffrey Buehner answered on Oct 2, 2018

Generally speaking, the police would need a warrant to place any software on your phone that tracked your movement or collected information. You can read the most recent U.S. Supreme Court opinion on this matter here: https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

You should...
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