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answered on Nov 14, 2021
While on parole - until discharged or revoked - you remain under Michigan Department of Corrections jurisdiction. That is true even when a person picks up new charges. And it doesn't change based on what a local court does.
It's hard to say what "disposed" means. Are you... View More
I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... View More
answered on Nov 12, 2021
Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... View More
answered on Nov 10, 2021
Murder. The particular facts, and any defenses, may determine the specific type of murder. It's hard to imagine a complete defense when strangulation is involved. The outcome will likely either be a life sentence without parole or a very long time in prison.
I know it’s aiding and abetting but her intention wasn’t for the man to be killed she was looking for her sister and one of the people also looking made the decision to commit murder without being encouraged to do so. She has no criminal history and is not the kind of person that should be... View More
answered on Nov 9, 2021
How do you already know what sentence she will receive? If she agreed as part of her plea to a specific sentence, then she cannot challenge the length of that sentence on appeal. If she did not agree, then she can appeal to the higher court and ask them to reduce it, however, they can only reduce... View More
answered on Nov 5, 2021
You will need to check into reciprocity; not every state is reciprocal. Additionally, if you are a Michigan resident, even with reciprocity, you would need to go through Michigan's CCW process at some point.
answered on Nov 3, 2021
No. Fines are a sentencing determination. With a felony warrant, any potential fines is, or should be, the least of anyone's worries.
Was pulled over no plate or insurance. Placed in front seat of police car. Asked for consent to search found nothing in car. Was told I was being "cut loose" then as I am leaving I'm told he wants to frisk me. Is this legal?
answered on Nov 1, 2021
Yes. Could you have told them "no"? Probably. Would that have stopped them? Probably not. Is it good police practice? Arguably not.
If they would have found something to arrest you on during that pat-down, you might have had cause to suppress it.
I´m trying to help a friend,so I appreciate any answers as it is not easy to navigate through the legal system.
answered on Oct 25, 2021
Yes there is; and you need to exhaust state court remedies first.
My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts... View More
answered on Oct 18, 2021
Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.
I would not take a plea - felony or... View More
I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... View More
answered on Oct 18, 2021
You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.
I have no prior record. The judge isn’t allowing me a court appointed attorney and I cannot afford one. The total amount of stolen goods was $91.28.
answered on Oct 12, 2021
Woe for me to ever suggest a person accused of a crime go to court without an attorney. But the fact the judge didn't appoint one for you makes it highly likely that you will not go to jail. At the pretrial conference, you will meet with the prosecutor. You may elect either to enter a plea to... View More
I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.
answered on Oct 11, 2021
There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.
The police then proceeded to search my vehicle without my consent. They found some contraband...was this legal?
answered on Oct 2, 2021
Search incident to an arrest....likely legal, but always fact-dependent.
That isn't true and I was in a sting for prostitution, and not showing up for court but couldn't because I was being held in a physciatric hospital and couldn't leave what's the best way to handle this?
answered on Sep 27, 2021
The best way to handle this would be to hire an attorney and let him or her walk you through the process. You need to address each warrant. They will not just go away on their own. Failing to appear in court, even if held in a hospital, is still something you will need to answer to. You may have a... View More
After multiple FOIA requests and calling in some favors, it has been determined that their files and/or any paperwork from their case no longer exist. Do you know anything about filing a motion to dismiss their cases based on the fact that they cannot work on appeals or revisiting evidence etc.... View More
answered on Sep 23, 2021
What exactly are you looking for? I would find it unlikely / hard to believe that at least transcripts no longer exist.
I'm assuming the time for direct appeals has long passed. When you go to trial and lose, you have a right to appeal, but that applies to direct appeals. Time is of... View More
I need to know what to do in order to get the police to do something about this felonious crime.
answered on Sep 20, 2021
I'm unsure what else you can do other than file a police report.
y question is if I set up a PPO against someone that has harassing me and physically assaulted someone in my house that is on probation. How would it affect the person that is on probation? Especially if the probation is to stay away from police contact. The reason why I’m asking is the aggressor... View More
answered on Sep 15, 2021
This is a tough question to answer because the correct answer depends on a lot of variables that we cannot anticipate - in the case of assault, who is the aggressor and the attacker sometimes comes down to credibility and is rarely clear cut. Generally, just because someone is on probation... View More
answered on Sep 17, 2021
Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.
My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.
answered on Sep 10, 2021
There are ways to allow a judge to rule after his term expires. You can however certainly appeal the length of the sentence given as being excessive under the specific facts of your son's case.
Does a prosecutor have the legal authority to charge someone in a different district, at a different court, and issue an arrest warrant at a different jail than which the crime was originally reported in? I was charged with a misdemeanor crime, the person reported me in one district at a certain... View More
answered on Sep 7, 2021
Venue is what's considered here. And that's mostly dependent on where the crime actually occurred; not where it was reported. Prosecutor, though, has the burden of showing venue is proper. I have seen cases simply transferred when venue is an issue. If everything is in the same county,... View More
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