Both were drug related.
answered on Mar 21, 2023
A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... Read more »
I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would... Read more »
answered on Mar 20, 2023
You would need to successfully appeal and withdraw your plea first. That would remove the restitution.
I'm homeless an poor, and fear being unconstitutionally arrested, would I get help if I have my right violated
It was ordered in 2021 and reduced in August/September 2022. I violated probation October 2022 for a dirty drop and have spent the last 5 months at alternative directions in Grand Rapids for the violation and I'm being told the no contact is back in place.
My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door... Read more »
answered on Mar 14, 2023
You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... Read more »
An expunged record should not be for all to be viewed.
answered on Mar 12, 2023
Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... Read more »
Or can she request one without me there
answered on Mar 7, 2023
It's hard to say; depends on where you're at in the case, what the hearing is about, and how far in advance are you asking for an adjournment. Generally, in criminal matters, you are expected to be present for all scheduled court hearings.
I have a revoked license will pleading guilty to this cause my 5 year revocation to start over?
answered on Feb 26, 2023
Probably not illegal or unlawful, but certainly not good social graces. The question for you, though, is why care if someone else bothers to look as long as they're not doing so to steal your information.
answered on Feb 17, 2023
I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... Read more »
.76 grams of meth which is way less than the 8 grams they originally claimed she had.
answered on Feb 13, 2023
I am not aware of any law that limits the amount of time they have to test it. However, the lengthy delay could be part of a good argument that you could make that the result is not reliable.
This is not his first time intimidating and making threats in front of my kiddos. In this case, he invaded our personal space within 2-3 feet behind my son (age 12) and I. I asked (politely) if he could give us more space, he took a step closer and said "It's a free country". Then... Read more »
answered on Feb 9, 2023
If you allege this happened in front of the children, the police *should* be making a CPS referral as part of the reporting process.
some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?
answered on Feb 8, 2023
All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... Read more »
and the person is found guilty again, does the original sentence continue or will there be new sentencing?
answered on Feb 8, 2023
There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... Read more »
answered on Feb 8, 2023
There is no cross examination in grand jury proceedings.
But, if he testifies at trial, an experienced competent criminal defense attorney can impeach him if you have admissible proof that he lied
I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... Read more »
answered on Feb 1, 2023
Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.
It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward.... Read more »
Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... Read more »
answered on Jan 26, 2023
Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... Read more »
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