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He wants to know if he could get out 3 months early with a quarterly reduction
answered on Aug 27, 2024
Yes, it is a thing. See MCL 800.33. It's rarely successful but perhaps worth a try. The times I've seen it work are when there are verifiable exceptional circumstances well beyond "I've been good in jail".
I need assistance with the paperwork/filings necessary to have two felonies and one misdemeanor expunged from my record from 3rd Circuit Court. I have had two misdemeanors expunged from smaller jurisdictions since the Clean Slate program began.
my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court... View More 
answered on Aug 17, 2024
Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More
I am looking for information to help myself and my friend who has a court appointed lawyer for serious criminal charges. He is more than likely going to be offered a plea...I'm looking for information so ,my friend knows what options could be offered and knowing his rights.
answered on Aug 13, 2024
It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in... View More
I was in a public park shooting spiders with a salt gun. It's a harmless toy that's not illegal to use in Michigan. A man was recording me and said he was going to report me to the police because he accused me of theft and vandalism. Apparently his belongings got stolen and the bathroom... View More
answered on Aug 5, 2024
IF he actually contacts the police, the police will likely either try contacting you to see what you have to say or may decide not to pursue criminal charges - in which case you may never hear about this again.
but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More
answered on Aug 5, 2024
You could try, but I doubt a prosecutor would want to charge something like.
This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?
answered on Aug 1, 2024
Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.
answered on Aug 2, 2024
Minors have substantially similar Constitutional rights as adults. That means if your child is accused of a crime by police, they should be instructed, as adults should as well, to 1) remain silent and 2) request an attorney (and their parents).
Just like adults, what your child says in... View More
The material issue is the issuance of a felony arrest warrant and three search warrants in a felony criminal case, behalf a non-attorney Michigan District Court Magistrate, who simultaneously holds the position of a Michigan District Court Probation Officer, in violation to the "neutral and... View More
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answered on Jul 29, 2024
In Michigan, district court probation officers are part of the judicial branch, as they work directly for the district courts. The case law you referenced, People v. Kern, confirms that the Michigan Department of Corrections (MDOC) has jurisdiction over probation officers under MCL 791.204.... View More
A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More
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answered on Jul 20, 2024
If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.
When traveling to the US, bring all... View More
A person flees from an officer. The officer pursues the person. During the pursuit (running after them) the officer trips and falls and injures his hand. In michigan, can the person who flees from the officer now be charged with assault on an officer even though they didn't physically touch them?
answered on Jul 18, 2024
Yes. The proper charge is "assault / resisting / obstructing" - physical contact is not required. Anytime to assault, resist, or obstruct a lawful order made in the performance of law enforcement duties, you can be criminally charged. Presumably, the chase occured contemporaneously or... View More
Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.
answered on Jul 16, 2024
If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.
I would not anticipate any great... View More
As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?
answered on Jul 15, 2024
I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More
There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More
answered on Jul 5, 2024
Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More
Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More
answered on Jul 3, 2024
You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More
Background: Our neighbors keep burning outdoor fires late at night polluting the neighborhood. After the cops had come out 5 times without charging them for open burning, we finally insisted on the 6th time that they be charged, which they were. The case went to pretrial but it was dismissed by... View More
answered on Jul 1, 2024
There would not otherwise be a reason expressed in most cases. The prosecutor (or city attorney) can dismiss cases at any time without giving a reason.
I also had 4 bags of uncle beIns rice in which I sent with spores inju Ted. Not sure if mycelium grew or not but it isn't able to produce mushrooms until id do the next step by adding concentrate. So no actua mushrooms.
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answered on Jun 26, 2024
If you're concerned about potential legal issues, I would strongly recommend speaking with a criminal defense attorney who can advise you on your specific situation and legal rights. They can provide confidential guidance on how to proceed.
For your wellbeing and safety, I'd... View More
Father is unknown, not in the picture, and not on her birth certificate.
answered on Jun 26, 2024
Yes. Preferably through a prepared power of attorney form. But you might be putting the cart before the horse here; I would not anticipate any significant jail time on a first offense misdemeanor.
answered on Jul 12, 2024
Yes! It is legal to both buy and use pepper spray in Michigan.
While out in public, my leashed medium-sized dog got entangled in a crowd, while trying to unentangle him, he attacked a small dog that was being walked toward our direction. My dog hasn't had any issues previously which makes me believe that the little dog did something that my dog reacted to... View More
answered on Jun 17, 2024
Hire an attorney in the location of the arraignment. They may be able to arrange for this to be done by zoom or resolve it by some other means.
If this incident happened in your location, I'm unsure how you would be arraigned in a court 3 hours away. You also need to look into that... View More
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