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answered on Oct 8, 2022
There are attorneys who specialize in this, but generally, any criminal or appellant lawyer could assist.
I was on picked up on a warrant that was issued for me that morning and picked up from work, and was never actually read my right until pretrial
answered on Oct 1, 2022
No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.
Only because of TV and movies do we believe the police need to... View More
Another violation and give him more time is this legal? And how can we fight this? He was sentenced 09/09/22 and he's had 3 more court dates that they keep pushing back now it's 10/06/22. They also give no paperwork to his attorney before court but want them to take the sentence and told... View More
answered on Sep 28, 2022
Sounds like a probation violation, which can happen. He needs to stay in close contact with his attorney, who will be in contact with his probation agent.
I am in Michigan and was convicted of a felony in 1998. Great bodily harm less than murder. I know that it is up to the individual companies, but wondering if there is any law, state or federal , that would prevent me from working there.
answered on Sep 28, 2022
Working there? I don't think so. Probably not in the gun section. You should look into, at the very least, restoring your gun rights, though.
I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... View More
answered on Sep 27, 2022
Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.
to get the paper work in front of the prosecutor?
answered on Sep 21, 2022
Depends on the facts of the case and how much investigation is required. There is no timeline. I've seen cases sent to the prosecutor a day after a report is made; I've also seen cases that take years.
My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.
He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... View More
answered on Sep 19, 2022
Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".
Being up prior to court for 3 days before sentencing drug tested found positive and then sentenced to 300 days incarcerated but the plea bargain was to be 2 years probation. Somehow I received 300 days and the two years probation.
answered on Sep 18, 2022
Unless you had permission or a prescription for methamphetamines, you engaged in misconduct by being under the influence. Misconduct between a plea and sentence nullifies any plea agreement, leaving the judge to sentence you as he or she sees fit under the law.
...yet. Is it likely court will continue with charging person accused of the DV?
answered on Sep 16, 2022
Not sure what you are referring to by "victim packet" but prosecutor doesn't need that to move forward with charges.
I called police to see if I can report the other two. Got the run around in Jackson county. I finally was told I could report her father biting her. She scratched him protecting herself and he put charges on the child although her injuries were more severe. He made things up to have her go to... View More
answered on Sep 10, 2022
There is, unfortunately, nothing other than reporting to the police. Perhaps try contacting the prosecutor's office; they are the ones who determine who to charge and with what, not the police.
A woman I reported to the police in May made a tiktok video with me with my pics name and another females pictures accusing us of stalking her and talking to her man. She labeled me stalker no.1 with a restraining order she claims she filed 5 months ago. When I went to the police to complain about... View More
answered on Sep 9, 2022
If there were a restraining order - more technically called a PPO - the police should have told you when you reported this.
You can go to the circuit court in your county to see if one has been filed.
I suppose you could try to sue this person civilly - and you possibly have some... View More
They are charging him with criminal sexual material which they have no evidence for and accosting a minor..he was a pizza delivery guy and a electronic order was placed for pizza and he was sent to deliver it. When he got to the motel room he was arrested and told he'd been texting a girl from... View More
answered on Sep 3, 2022
From which source are you hearing there is no evidence? A jury can only convict based on evidence presented at trial. If there is no evidence, or he is innocent, then the logical choice would be to go to trial. But I suspect the prosecutor has a very different take on whether evidence exists, and... View More
I know it's possible can't find an mcl maby it's in policy directive
answered on Aug 31, 2022
It is a policy directive, subject to great discretion of the parole agent. But you have the right idea about having fines / costs / restitution paid, and full compliance being paramount.
Me and boyfriend are about to have baby and judge just issued no contact order because we are co defendants but my case got dropped
answered on Aug 30, 2022
The no contact order on him could still remain. He and his attorney would need to address that with the court.
Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.
answered on Aug 25, 2022
The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... View More
I was told that its a point system guide that you all go by, is my sentence 11 months?
answered on Aug 25, 2022
For that sort of charge? Your best bet to limit incarceration is to pay off as much as you can before sentencing.
By "point system" you probably are referring to the sentencing guidelines. They give the judge, and you, an idea of what an appropriate sentence should be based on... View More
I struggle with substance abuse issues and I had violated my bond a couple times by dropping dirty and after they said my Bon
answered on Aug 24, 2022
If you asked "I'm already driving drunk. Should I also speed?" Do you think anyone would tell you speeding is a good idea?
Hard to say what will happen, but at this point, you have two options: work with your attorney to turn yourself in and figure it out from there, or keep... View More
answered on Aug 24, 2022
Yes, you will. Very bad idea. And a sure way of convincing a judge you need to be in jail or prison and cannot be trusted on probation.
They threatened to keep me for 4yrs or i plead guilty for 2nd hbt and pay 1500 to get out. I didn't know that ment i do 11 months on sentenceing day. I just did two and im on disability. How can they come to my home and nab me up when my kids are grown, im half alive and live a couple countys over?
answered on Aug 22, 2022
Your child support arrearages never go away; doesn't matter how old your kids are. Your back-owed support reached the level of felony non-support.
You should be speaking to your attorney about this, the strengths are weaknesses of your case, and any offers made.
answered on Aug 22, 2022
Yes. You are responsible for ensuring it is charged. Otherwise, what's to stop anyone from simply letting the battery run out and not be held accountable for where they were?
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