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How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... View More
answered on Jul 14, 2022
Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... View More
The Defendant had no drugs on person. Passed a drug screen and lie detector.
answered on Jul 13, 2022
What is your question? Possession can be either physical or constructive. If the drugs were not found on his person, I suppose the polygraph could refute him having knowledge of them, which is an element of constructive possession.
Still, that might be a question of fact for a jury, if you... View More
answered on Jul 8, 2022
What is the question? A probation violation can be triggered by any criminal activity.
i have been going back and forth with 7th circut court to have a copy of judgment re sent to mi state police i have even sent a certified copy of judgment myself to mi state police and still nothing is being done. what can i do to resolve this issue.
answered on Jul 1, 2022
Honestly, not much else you can do. MSP is backed up dealing with expungments. If the court sent the order and you did as well, the issue is with MSP, and unfortunately for you, they will process it when they can.
And I am on probation for 24m and I get SSI and they try to say I have to get a job when it court order
answered on Jun 27, 2022
Often, terms of probation will include substance abuse or mental health treatment even if not a part of the sentencing offense. The rationale is that even if you didn't get busted for drugs, substance abuse probably played a role in the assault.
An alternative to an employment... View More
I have an arraignment tomorrow morning for a charge I was never arrested and charged for. I am being accused of bailing someone out of jail with conterfeit money. I have NO IDEA if this is true or not, to my knowledge I paid with real cash!! How stupid would I possibly be?! I had no clue. The... View More
answered on Jun 24, 2022
All you can do is go through the process at this point. The prosecution will need to show that you knew or should have known the money was fake. If what you're saying is true, I think you have a compelling case to make to a jury.
answered on Jun 21, 2022
First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... View More
I am in jail
them my constitutional rights have been violated because my arraignment on information was waived without my knowledge. I nevere agreed on or off the record to waive my arraignment on information. I have nothing on paper with my signature or anything being waived on any court... View More
answered on Jun 20, 2022
One of two things happened at your prelim: either 1) you did waive circuit court arraignment, or 2) the district court judge arraigned you on the information - possibly because you refused to waive. If either of those two situations did not occur, as you are saying, then the remedy is for you to be... View More
answered on Jun 20, 2022
No. Entrapment is when you are compelled to do a criminal act you weren't predisposed to doing. If you are otherwise predisposed to selling drugs (e.g. you have a history or are a known drug dealer), then the police can lie, cheat, or do whatever else to catch you selling drugs again.
miranda rights were read after statement was given.
answered on Jun 20, 2022
Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... View More
i need the discovery packet to file my appeal.
answered on Jun 20, 2022
First, there is no such thing as a "discovery packet". When people use that term, they are generally referring to the police report, and perhaps fingerprints, DNA, etc. The police report itself is not evidence. But in some cases, that may be the only thing in the "discovery... View More
offense date-09/07/2013; Domestic Violence, misdemeanor first offense; bond set, failed to appear, fines imposed, case taken off docket.
answered on Jun 13, 2022
I hesitate about the notation "fines imposed"; that implies there is some sort of disposition on the merits. You really need to contact that court to figure out what is outstanding so you're not surprised in the future. These minor cases have a way of popping up when you least expect... View More
I have video recordings Because I feel threatened
answered on Jun 13, 2022
In addition to having an ex girlfriend, you also have a tenant. You may need to formally evict her. If you are feeling threatened, you could look into getting a personal protection order.
I put the prescription in his wallet as I do not carry a purse and we work together all over the state of Mi. and that was the safest place for me to put it. So he got pulled over 2 months ago and they found it and let him go now today the cop came and arrested him for a felony for having my... View More
answered on Jun 13, 2022
A comprehensive answer would depend on why he was pulled over to begin with. You could contact the prosecutor's office and show them that the prescription is legit and how or why you asked him to carry it.
Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.
answered on Jun 8, 2022
You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.
I have video proof she has posted on her social media and pics she has also posted (from her home). The police have been called, they didn't file a report on the man, they filed a report on my daughter as a welfare check. What can I do legally?
answered on Jun 7, 2022
With your daughter being 18, not a whole lot more you can do. The relationship issues you will need to work through are more profound and nuanced than any legal issue present.
answered on Jun 4, 2022
Every circuit court has a different procedure, but generally address changes can be made directly with the circuit court clerk's office.
It is extreme mental emotional and phycological abuse, as well as neglect.
My14-year-old daughter assaulted another student at school And broke her nose & it’s on video.
But the student was harassing my daughter first. The parents pressed charges count1 aggravated assault count 2 assault and battery. My daughter is A straight a student never have been in... View More
answered on May 26, 2022
Yes, you should get a lawyer for your daughter. Otherwise, one may be appointed for her. Juvenile charges can have serious consequences for your daughter's future.
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