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inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?
answered on Jan 31, 2024
Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More
My girlfriend moved into her father's house to help him with chapter 13 bankruptcy. It has come to her attention that her sisters fraudulently use the address for taxes and government assistance hindering her ability to properly receive these benefits. What can she do to rectify this since... View More
answered on Jan 29, 2024
If someone commits fraud by using a false address for taxes and government aid, it's a serious issue that needs addressing. In your girlfriend's case, where her sisters are using her father's address fraudulently, this can indeed affect her ability to receive benefits legitimately.... View More
I went to court house to try to drop PPO which I did not want the prosecutors made me get it. How can I get it dropped without sending a registered certified letter to my boyfriend. I'm not sure his whereabouts and they told me he has to sign the slip and send it back and then we have to go to... View More
answered on Jan 24, 2024
In Michigan, to drop a Personal Protection Order (PPO) that you've filed, you generally need to follow the court's established procedures. This often involves filing a motion to terminate or modify the PPO. While you have filled out the necessary paperwork, the requirement to notify your... View More
My ex & his wife record my convos w/my daughter while she's w/them. Is this eavesdropping? They shared the docs w/date/time/length/and summaries w/their lawyer who shared w/my lawyer & he shared w/me. Can I file with the Michigan State Police - criminal since they shared?Opposing... View More
answered on Jan 11, 2024
What does your attorney say about it? Presumably, he or she saw the same documents. You should not do anything without their advice as it may unintentionally impact your present case.
The cops raided the house where I live based on a warrant where facts listed on the affidavit were facts such as those amongst other things.
I was also wondering about particularity clauses and the definition or examples of a blanket warrant.
The property to be searched for and... View More
answered on Jan 7, 2024
In determining probable cause for a search warrant, the knowledge, training, and experience of a law enforcement officer can indeed be considered. The officer's expertise can contribute to interpreting and understanding the significance of facts and circumstances that might otherwise seem... View More
Hello! Michigander, here. I was charged with a Domestic Misdemeanor in 2008 that I have paid all dues for and completed probation, and have not committed any crimes since. Considering the new Bipartisan Safer Communities Act's five year restriction "after which the right to own a firearm... View More
answered on Jan 13, 2024
In Michigan, the process for restoring your gun rights after a domestic misdemeanor conviction from 15 years ago can be complex and depends on various factors. The recent changes in state and federal laws you mentioned, like the Bipartisan Safer Communities Act and Governor Whitmer's House... View More
I caught 2 charges 1 driving on suspended and one domestic before, I was ever put on probation. I have court coming up for both of them. If convicted, will this be a violation of my probation?
answered on Jan 1, 2024
Generally, if you are placed on probation and then subsequently convicted of new charges, it could be considered a violation of your probation. The terms of probation often include a requirement to avoid new criminal offenses. If you are facing court for charges that occurred before you were placed... View More
answered on Dec 27, 2023
No. The Internet has a long memory. And unfortunately it isn't always accurate. Even when people are acquitted after a trial - usually months or years after news breaks of their arrest - those initial reports remain.
Further, news sources have a right to publish public information, and... View More
Let's say they use bees to put in the package. The package is stolen, and the those responsible open the package and are stung, one might have a severe allergic reaction, and cause an accident in which there are injuries and deaths, property damage as well as innocent injuries/deaths. Can the... View More
answered on Jan 8, 2024
A Michigan attorney could advise best, but your question remains open for three weeks. Under common law doctrines that hold nationwide, someone could be charged, and liability could arise for doing something like that. But to get a definitive position specific to your jurisdiction's penal... View More
It’s basically living mycelium suspended in a liquid culture solution. It’s like a spore syringe except its post germination and contains living mycelium
answered on Jan 13, 2024
In Michigan, Psilocybin Liquid Culture, which consists of living mycelium suspended in a liquid culture solution, falls under the state's controlled substances laws. Psilocybin, the psychoactive compound found in magic mushrooms, is classified as a Schedule I controlled substance in Michigan.... View More
In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.
answered on Dec 20, 2023
If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More
answered on Dec 18, 2023
When you go into court the next time, you calmly ask the judge if you may address him on something very important that your attorney is not willing to say. Then when the judge allows you to do that, you then calmly ask to have a new attorney appointed BECAUSE "there has been a complete... View More
Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More
answered on Dec 12, 2023
In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More
And is it good to go to trials on these cases
answered on Dec 12, 2023
Only you and your current lawyer will know the answer to this. As a general proposition, the outcome after trial in terms of punishment is worse than with a plea.
You need to decide whether you are guilty. It's not a question of what you think is right or wrong, or even what you think... View More
What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?
answered on Dec 9, 2023
Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More
if someone is an inmate in michigan and gets extradited to florida for criminal charges and the verdict is rendered and they signed papers to be sent to do prison time back in Michigan how long does it take to get back there? and who's responsibility is it to get the prisoner back to Michigan?... View More
answered on Dec 7, 2023
Generally, it's the state requesting extradition that's responsible for the pickup and costs. In this case, it sounds like Michigan is requesting this person back, and the signed papers waiving extradition. Now it's a wait-and-see game.
There is no set timeline. Often -... View More
The entire transaction was uninformed, no reading or understanding of what was being signed, the resident lured to residential office under false pretenses. The resident was refused copies of what was signed only told it was court documents and therefore can't get a copy of what was signed.... View More
answered on Dec 2, 2023
I suggest you provide some detail so that a lawyer will have necessary information to help you.
What goods/services did you contract for? Who was the seller/provider of services? What date? Who is the debt collector? How much is the alleged debt? Why are you not responsible for the debt?... View More
Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.
The state sought charges on the behalf Matthew's mother against... View More
answered on Nov 28, 2023
No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:
• The court has a responsibility to thoroughly... View More
So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More
answered on Nov 7, 2023
If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More
I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More
answered on Nov 7, 2023
It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More
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