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So my friend was hanging out with another one of his buddies. We'll say Friend 1 and Friend 2. Friend 1 texted friend 2 and asked him to hangout, and he said yes. Friend 1 got in the car of Friend 2, and he started driving to the bank. Friend 1 asked, why are you going to the bank? Friend 2... View More
answered on Dec 9, 2024
Under the facts as you present them, probably not. The question is what did Friend 1 actually do? It doesn't sound like he would even know whether a deal went down in the time he was out of the car.
Where Friend 1 would get in trouble is when police get Friend 2 and say "we know... View More
How to support the dismissal of (2) domestic assault charges with prejudice?
We have a case of 2 domestic assaults that went to trial. One of the accusers (witness) was not served a subpoena and did not show to the trial. The prosecutor discovered that the subpoena was sent to the wrong... View More
answered on Dec 6, 2024
I'm not sure you'll get a dismissal with prejudice under these facts. But I'm also not sure why the prosecutor relied on email to serve this subpoena....it seems to me the judge should be having some words with the prosecutor about going through voir dire without confirming service.... View More
And I opted out to have the insurance when signing the contract . There is a criminal investigation taking place as we speak . The car was recovered as it was in a while speed chase after a supposed shooting incident . What can happen to me if I don’t tell the police who had my car ? Am I at fault ?
answered on Dec 6, 2024
Here's the thing: ordinarily, intervening criminal activity (e.g., the car being stolen) would relieve you of liability for damages. However, when you rent a car, you are signing a contract making you responsible for that car. When you let someone else use the car, Enterprise will likely hold... View More
How does one find out if the information about them in Law Enforcement Information Network (LEIN) is accurate?
answered on Dec 5, 2024
There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.
Think of it like a credit report: Just like Equifax or whichever credit reporting agency... View More
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More
answered on Dec 1, 2024
"...if you don't read anything more into it". In the law, there is always more to read into it.
Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or... View More
I requested to remain anonymous due to the fact I would be retaliated against if the offender found out I was the reporter, I spoke to law enforcement and they reassured me MULTIPLE times I would be anonymous and my name would be withheld from the public records and upon receiving a copy of the... View More
answered on Nov 25, 2024
I don't think MCL 15.243 protects you here. You're requesting a copy of a report made upon your complaint. If this relates to a criminal allegation, I don't see how you could remain anonymous, unless you reported this through Silent Observer.
Think about it from the other... View More
When we were dating I used to have him transfer money for me all the time he did all my banking since we broke up I see money went to his account and I didn’t do it would I have a case or should I just leave it alone
answered on Nov 21, 2024
Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?
Best practice in the future would be to only allow access... View More
Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More
answered on Nov 18, 2024
Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.
Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to... View More
answered on Nov 17, 2024
A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More
Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More
answered on Nov 4, 2024
Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More
I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More
answered on Nov 4, 2024
Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More
I have allowed (3) searches, because they were intimidating. He told me he would arrest me if I didn't let him in. And that he would put my dogs down if I couldn't control them. They also broke the door on a motorhome that that does not belong to the person they are looking for.
answered on Oct 22, 2024
You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More
Regretfully we filed an appeal on a criminal decision ourselves without understanding the complexity of it, and very sadly our court appointed appeal lawyer wasn't helpful or even reachable. The appeal was denied for one thing and now going to Supreme Court in Michigan. Our question is can we... View More
answered on Oct 21, 2024
Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.
Appeals are terribly... View More
I got a dwls and was given a 5k cash bond with no option for surety. No factors of flight or public safety were enumerated by the magistrate at arraignment. And I have strong ties to the community and have always shown up to court in the past. The DA was perfectly fine with a PR Bond
answered on Oct 13, 2024
Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.
Unless you can show this... View More
I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More
answered on Oct 9, 2024
I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.
Im in the process of making a memorial video of my son who passed away in 2020.I will be filming the city where he lived and worked(outside of building only).I have obtained permission.One part of this is that I will be filming coming into the city where peoples cars are present as well as people... View More
answered on Oct 7, 2024
Your plan sounds okay. Generally, you may film anyone or anything in public. As long as you're not misrepresenting what you are capturing (e.g., implying that a business shown was involved when it was not; implying that a person walking down the street is a prostitute or drug dealer, ect.),... View More
The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.
answered on Oct 7, 2024
Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More
Landlord told the court I owed him rent but I didn’t owe anything
answered on Sep 20, 2024
A wrongful eviction would be done either constructively or through "self-help", and usually done outside the judicial process. If there was a court hearing where your landlord asserted you owed rent, and either you didn't say otherwise or the judge didn't believe you - or you... View More
Im just trying to understand how the court system works.
answered on Sep 15, 2024
Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.
Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have... View More
My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?
answered on Sep 12, 2024
The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More
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