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A friend of mine has been accused of inappropriately touching a young child when she was six, that's what shes saying. She is 17 or 18 now. My friend is very upset and is wrongfully accused. Can he take her to court to get his name cleared? If so what steps should he go about this?
answered on May 4, 2020
Depending on the allegations and to whom she is making these claims, this could result in serious criminal charges against your friend. If it were me, I'd keep silent about the allegations. And if he is contacted by law enforcement, definitely get a lawyer before speaking with them.
New driver (not under the influence) crashes into building, does damage to building, gets careless driving ticket (has yet to go to court due to covid). At scene, police searched vehicle, found nothing, they did threaten to charge driver with a hate crime or malicious destruction of property (no... View More
answered on May 1, 2020
It's possible. I would imagine when he goes to court, the prosecutor will likely want him admit to careless driving right then or they'll charge him with reckless driving and malicious destruction of property.
My son took his own life last year. 3 and a half years before that he burglarized 2 stores, was arrested, but entered into a HYTA bargain. 3 years later he had fulfilled his requirements and the charges were dismissed, had a job, owned his own house, had a dog and a girlfriend.
He lost his... View More
answered on Apr 27, 2020
My condolences on the loss of your son. Unfortunately, particularly in today's internet age, the "bell" cannot be unrung. The media reported what was true at the time: your son's arrest. HYTA means that there was no conviction as part of the disposition; however, HYTA does not... View More
answered on Apr 10, 2020
That person would likely be charged with a felony. At a minimum, he or she just signed up for an extended stay in the jail, with a significant downgrade in accommodations at least in the short term (e.g. segregation).
Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?
Apparently the police searched a house that my mother owned almost two years ago and broke open a safe with a gun and ammo in it. Still, I was in another state and had been almost two years at that point.
answered on Apr 6, 2020
Will be interesting to see how you are tied to that property. This is where the warrant affidavit may come in handy. You'll also need to look into whether there is witness testimony or fingerprint evidence.
answered on Apr 6, 2020
I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.
What seems... View More
It was DWLS charge. I recieved a 30 day sentence which i served from march 12th to april 2nd. i was recommended to do a 14 day quarantine upon release and where i live we have a self quarantine oder. i have a wife and 3 children, one of them only being 11 months old. I should also mention that I... View More
answered on Apr 4, 2020
Talk with your probation officer. Unless told otherwise by that person or a judge, you are obligated to comply with all terms and conditions of your probation order.
My gun is kept in a safe that they do not have access to.
answered on Apr 2, 2020
Not a wise idea. However, he may be eligible for restoration of his gun rights - thus alleviating the problem. He should consult with a local attorney versed in that to determine whether he is eligible and go through the process before you two move in together.
My boyfriend has been in jail since January and has seen his public defender once and has only had his arraignment no pre-trial date has been set it's a felony charge
answered on Mar 31, 2020
Unless your boyfriend is pending a psych eval, he had to have had a preliminary exam or waived it by this point. And at this point, they would have had what in my county is called a status conference or pretrial conference. There could be a number of reasons why those may not have happened, or he... View More
This would be on public property.
answered on Mar 26, 2020
Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.
My fiancé was arrested in Elkhart Indiana for a warrant for cass county Michigan. He’s been in there for a week now without hearing anything. Hasn’t signed any papers or has not gone in front a judge. I feel like I’m getting the run around cuz nobody will tell me anything.
answered on Mar 16, 2020
He probably has a hold and is pending extradition proceedings. If he waives, Indiana would give Michigan just a reasonable amount of time to come get him. If he fights extradition, he will be arraigned in Indiana where a bond will be set pending the extradition hearing process.
In most... View More
Basically is this worth trying to fight .was offered a plea ..or a trial ,not sure of it's worth fighting if case is lost facing 8yrs .This is not a first offense
answered on Feb 27, 2020
I don't understand the question completely. Are you asking about the factual basis for each charge?
1) Felony in possession - possessed a firearm while legally unable to do so due to a prior felony without having your gun rights restored.
2) CCW - carrying a weapon concealed... View More
I called 41b they told me to plea by mail. Case number is 19-2811c. What is my best option
answered on Feb 25, 2020
If you want to fight the charge and have a trial, you'll need to make your way to Macomb county and deal with the bench warrant that has been issued. If not, then what the court told you about plea by mail is probably a good option.
A cpl charges include possession of methamphetamine, stolen car, counterfeit money, I'm unsure of exact atm but can obtain the info
How can I help get him a lawyer that will actually help him?? He does have court date set for March 5th but I really think hes getting screwed by this... View More
answered on Feb 24, 2020
The best thing you can do to support your friend, short of hiring an attorney, is to manage his expectations. I get it that your friend doesn't think his court appointed attorney is doing anything, but depending on the facts of the case, he may be facing a situation where he either accepts the... View More
Question you on why you are parked there, and ask to search your car and u say no so they bring the dog and they claim the dog signaled them and start searching the car. Happen to find a gun under the seat but no drugs or anything else. Is this a legal search. What would be the probable cause to... View More
answered on Feb 24, 2020
I would suspect that the police were actively watching that house, and had a pretty good idea of who was coming and going, and for what reasons. At the very least there is reasonable suspicion, which would allow for a brief period of detainment. Without knowing more about the case, it's hard... View More
Will there be restitution involved? Will they be required to pay his therapy bills in this case, or would I have to sue them?
answered on Feb 22, 2020
All valid questions, and ones you should ask the victim's rights coordinator or prosecutor assigned to the case.
Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan
answered on Jan 31, 2020
You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.
As to the ski mask in public, walking down the street may not be an issue,... View More
Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.
answered on Jan 22, 2020
You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.
Search Warrant Report, Police Report and the alledge victim testimony under oath Pre-Lim) are conflicting with each other.
answered on Jan 22, 2020
That's not going to work. The search warrant and police report are not evidence. Further, the victim did not make the search warrant report or police report (that was done by the police, albeit likely with information the victim provided). It is not uncommon for police reports to be inaccurate... View More
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