Get free answers to your Criminal Law legal questions from lawyers in your area.
Victim said he had a firearm, Defendant said he never had a firearm.
answered on Jan 22, 2020
Yes you can. Your scenario presents a question of fact: did he or didn't he have a firearm. That's ultimately for a jury to determine at trial, by weighing the credibility of the two conflicting statements.
And sex offender registration.
I do not have any criminal or other bad records .Is my registration public or private for law enforcement eyes only
answered on Jan 22, 2020
Your registration would be public. There is no private sex offender registry, which would be quite contrary to the intent of the registry.
Besides appeal of the sentence, assuming Michigan, where would I find information relating to this? What options are available?
I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... View More
answered on Jan 13, 2020
Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an... View More
I was issued a misdemeanor citation for an MIP when I was 17. No court appearance, I just sent in my $80 fine. I didn't realize it was a misdemeanor and my parents were never notified. Now that a first offense MIP is only a civil infraction, can I have that offense changed to a civil... View More
answered on Jan 22, 2020
The short answer is no, but I would suggest working with a seasoned local criminal attorney who may be able to help y you navigate toward a solution here.
Assaulted by my mother-in-law a year-and-a-half ago they didn't want to arrest her because she is 70 years old but they did after they made me take a breathalyzer not her they called me the next day to ask if I wanted to press charges I said I did it has been a year-and-a-half now and... View More
answered on Jan 22, 2020
Prosecutors make the decision to press charges. Have you contacted the local prosecutor's office to determine the case status? They could have elected not to pursue charges for any number of reasons. Just because someone wants charges pressed doesn't mean that the prosecutor must do so.
He is from michigan and needs to know if he needs attorney
answered on Dec 5, 2019
Depends on what the letter says was the mistake. I would imagine it's a time computation error - essentially clerical in nature; in that case, an attorney is unnecessary. If the sentence is within the guidelines or within what was contemplated in the plea agreement, then that letter is more or... View More
I was eligible and filed the expungement papers with the courts sent them to the prosecutors and state police dept. Court date is coming up and was wondering if it’s something I can do on my own like go before the judge or should I hire a lawyer to show up? It’s 1felony/Felonious Assault
answered on Dec 5, 2019
It never hurts to at least talk with a local attorney who might be able to give you guidance as to what your particular judge expects and prepare you for the hearing. Expungements are discretionary, meaning that just because you qualify doesn't mean that the judge has to grant it. And it will... View More
answered on Nov 25, 2019
The crime appears to be that you were driving a car without proper registration. If the officer was following procedure, he ran the plate through his computer and the crime would be obvious. The officer could not have known about the lack of insurance. The offer need not turn on his lights for... View More
answered on Nov 22, 2019
The sentencing guidelines inform a defendant what he or she can reasonably expect as far as sentencing; they also inform the judge on what an appropriate sentence may be. The numbers you posted are what we would call prison guidelines - meaning that a prison sentence is likely. They also set the... View More
My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a... View More
answered on Nov 15, 2019
Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?
Over $100,000 for damage to a property in 2009. The property was sold in 2016. How do we have the amount of restitution amended to credit the sales price? Is it to have a motion filed and if so, what kind of fees are we looking at? Thank you.
answered on Nov 12, 2019
I think you'd need certainly a post-judgment motion. The legal question, though, is what was the amount of damages in 2009; not necessarily what the property eventually sold for. I think the more interesting question - and perhaps how this sort of motion may be better presented - is whether... View More
I recently got a attempted obstruction of justice. I go to court tomorrow in Oakland county. Any advice
answered on Nov 2, 2019
Yes. The relevant statute of limitations is what is important.
Please help me. I thought I was doing everything right and legal, but I just I was wrong. This year for Halloween I wanted to dress up as a Michigan Sheriff's officer. I go to university, and what scares college kids, the cops. I tried to do my best homework on the legal matter, and read that... View More
answered on Oct 27, 2019
Well, I do not know the answer to question without seeing it. However, as a university student, braking or breaking?
Have to put in a motion for one. I just dont understand the process of it and qould like to know.
answered on Oct 22, 2019
You should be represented by counsel especially if you do not have a basic understanding
The drugs are not yours, but y ou u are arrested for them. The person who you dropped off writes the judge said the drugs found were there's they must have dropped and is willing to get on stand a testify that that are theirs. Should the case be dismissed. Or could one still be found... View More
answered on Oct 20, 2019
There is more to this STORY than you have been told.
A letter to a judge means nothing.
A witness would have to testify in front of the jury.
Did complete my 2 yr. Drug court program for my felony probation but I still had fines to pay but found out I had the controlled buy done on me and I ran because I was scared I would go away for a long time and not see my family. How long will I get in prison if I go back and turn myself in I have... View More
answered on Oct 16, 2019
You will be sentenced on your probation violation, with your original sentencing guidelines used for a good estimate. Additionally, you are likely facing a new charge, and points will be assessed for picking up this new charge while on probation in the sentencing guidelines. Without knowing more... View More
answered on Oct 9, 2019
Probation officer can ask the court to release him from probation. Whether the probation officer would be willing to make that ask, and whether the judge would agree, depends on the circumstances.
The person who it belongs to wrote a letter to the judge Stating that it was theirs. And he had No knowledge of it. By this person write the judge should he be released
answered on Oct 2, 2019
If a simple letter would do that, then so many people including the guilty would be set free.
He needs an attorney
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.