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answered on Mar 15, 2021
Sounds like you have all the evidence you need to determine whether you should continue to be involved with this person. For now, keep what you have in case you need it later. Just know that you continue to engage in a back-and-forth, the court may have equally as short of patience with you as with... View More
But if they were not offered one and was convicted what could happen to the case?
answered on Mar 15, 2021
This would be highly unlikely to happen. The accused may - and often times do - waive the preliminary hearing.
civil infractions, petty-misdemeanor, non-violent misdemeanors, non-violent felonies, etc... .
answered on Mar 12, 2021
With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.
unreasonable search and seizure; probable cause; warrant; etc.... .
answered on Mar 12, 2021
Your question is much to broad. The 4th Amendment is the subject of new case law nearly every week. But very broadly, a search or seizure must come about after reasonable suspicion or probable cause.
webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.
answered on Mar 12, 2021
The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.
I'm clueless on what to do and scared I'm a single father of 2 which 1 lives fulltime with me mom isnt around and he is 12. I'm self employed and just worried about sitting jail time
answered on Mar 9, 2021
This is a serious matter as you are charged with a felony. Regardless of jail time, having a felony carriers a number of long term consequences.
You are likely entitled to an attorney at public expense. I will go against the grain a bit and suggest that you ask the court to appoint an... View More
I purchased 2 rifles in 2016, in 2020 they were reported stolen. The owner says I'm at fault even though when I purchased them they were not reported stolen. They were reported stolen in September 2020 4.5 years after I bought them.
answered on Mar 9, 2021
There's not a question that I can see, but you've presented facts that suggest you want to know about bonafide third party purchasers for value. If you are without notice that the guns were stolen, when you purchased them, then you might grounds to keep the rifles. Depending on where... View More
answered on Mar 3, 2021
You might be eligible for an expungement which could solve that problem. Contact a Criminal Defense attorney about your record.
I used a storage facility that is self service for many years. Last week, my car was stolen right out of the storage yard and I was notified several days later. The facility does have a gate surrounding it, however if you approach the front gate on car or foot, it opens automatically. No ID or... View More
answered on Feb 25, 2021
Maybe.
On the one hand it depends quite a bit on the agreement you have with the storage provider, and on the other hand the role the storage facility had in the event, if anything.
we were told he has to serve his minimum sentence and his ERD is 2033. my friend says he just needs a lawyer and he will be free within 1 year. i don't want to get his dad's hopes up if there is no way he can go home sooner.
answered on Feb 19, 2021
Every case is different, but let's look at statistics: the Court of Appeals takes action on probably less than 20% of criminal appeals. Of those, very few result in a conviction being over-turned. Without knowing the particulars of the crime, the applicable sentencing guidelines, or whether he... View More
answered on Feb 18, 2021
It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.
My youngest is in foster care and his father is deceased. I want to fight to get him out. I can prove that I have everything I need to take care of him and have been sober for over 2 years. My two oldest are doing great with their dad and I’m able to speak to them but I’m beyond upset about my... View More
answered on Feb 17, 2021
You will likely need two different lawyers because your issues are with two completely separate areas of the law. Your warrant is the easier of the two to deal with, and you can start by contacting a criminal attorney in the area where your warrant is from. Your parental rights issue is far more... View More
Last conviction was April 29, 2004! Do I apply here in Coldwater Michigan or do I apply in NY & NJ?
answered on Feb 17, 2021
You would need to apply here in the court you were convicted in. That will restore your gun rights while you are in Michigan. However, if you want to purchase firearms from a dealer with a federal firearms license - including Cabelas, etc., - you will need to complete a similar process in NY, NJ,... View More
And I spun around and the knife stabbed me but when police arrived at the house I stated that I fell down the steps and now they are pretty much making me testify against her which I don't wish to do cause it could land me in jail also I need an attorney to represent me in this matter so I can... View More
answered on Feb 16, 2021
You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it... View More
he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids
answered on Feb 9, 2021
In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... View More
answered on Feb 4, 2021
If he is a witness or victim, then yes, he must testify. Be aware that if any information surfaces that you as the parent are discouraging or otherwise hindering him from testifying, you could be charged with witness tampering, and you could find yourself subject to a CPS investigation.
I broke up with my girlfriend. I wanted the bed that I let her daughter borrow back. She responded in text “have a lawyer draw up papers that you will never talk to my family and that if you do you have to pay me $10,000. Then you can have it back”. This seems illegal to me but I cant seem to... View More
answered on Feb 1, 2021
Probably not illegal, but probably wrong and unenforceable. You might need to file a claim and delivery action in district court to get the bed back.
answered on Feb 1, 2021
States that participate in the interstate compact will honor the restrictions / suspended imposed by the initial state.
Have you satisfied all conditions imposed by Florida? Since 2008 is a rather long time. Michigan will keep your license suspended, though, so long as Florida says it... View More
Is it legal for my estranged husband to take a vehicle that is from a buy here pay here lot registration and payments / contract is solely in my name leanholder did not even know the vehicle was in a differnt state did not authorize the transport of vehicle
answered on Jan 28, 2021
Have you filed for a divorce? Until you do, there is little anyone will be able to do for you here.
I actually sold it to my brother in law,the time of the band I was driving back from Florida my ex wife at the time ,made the police report,I added my rifle the next day
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