the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »
There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.
$250,000 is on the high end for a... Read more »
I understand we are in a pandemic, my son has a fairly severe mental handicap, I feel it should be illegal to force me to attempt to homeschool him against my will and without compensation especially when I have absolutely no skill/ability in doing so.
Interesting take. While understandably a hardship, I don't think "forced servitude" covers taking care of your own children. Interestingly, there is no constitutional right to public schools as we know them; if they ceased to exist, all parents would be "forced" into servitude.
Interesting scenario...I'm not sure how such a suit would play out. Generally, claims of religious discrimination requires you to substantiate that what you are saying is an established component of your religion, and that you are a devoted member of that faith group. That is commonly done in... Read more »
What do you mean by not having a right to a speedy trial? Delays in getting to trial can be attributed to the prosecution OR the defense, and unless you happened to be a MDOC prisoner at the time, there is no absolute right to have a trial within a certain period of time. What speedy trial does in... Read more »
Me and my 3 friends was sitting there talking at 2am the car was not started we was not on the park grounds just the parking lot
Absolutely. Most places have ordinances that actually make it a crime to be in a park after hours, and so the police absolutely can approach you and tell you to leave.
Boyfriend was charged with assault to great bodily harm Less then death or strangulation. 2 count of domestic violence, and interfering with communication causing harm or death. I don’t want him to go to prison. I don’t want to go to jail if or when I get subpoenaed for not testifying against... Read more »
You are in a tough spot. This stopped being between just you and your boyfriend the minute the police were called.
It may be helpful in your analysis of what to do to know that in domestic violence cases, Michigan law (MCL 768.27c) allows the prosecutor to present your statements made to... Read more »
I’m ordained and have been considering doing a Pagan soul search.
Psilocybin (aka mushrooms) is considered a Schedule 1 controlled substance and so is illegal. There is no religious exception. If you are caught, you could be criminally charged with use or possession of a controlled substance.
I'm involved in a case where a federal judge talked to plaintiff counsel in private during a hearing and never spoke to myself. I represent myself in the case. This infraction happened twice and after these meeting motions was granted against me. I have on record of last hearing where Judge... Read more »
No real answer here other than to say you really should be consulting with an attorney versed in federal court procedure, and at least consult with an attorney about helping you draft an appeal. It is unclear from your question how the judge spoke with plaintiff's counsel ex parte; it almost... Read more »
Michigan is under a "stay home, stay safe" order which bans assembly of more than 10 people. Am I protected by the 1st Amendment to peacefully essemble? Does this order supersede my constitutional rights?
Great question! Not sure if you're asking in theory or in practice. But yes, in times of crises, orders and laws can be made that may infringe on certain constitutional rights. When doing so on fundamental rights, the government must show a compelling need and ensure that the law or order is... Read more »
This would be on public property.
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.
Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan
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,... Read 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.
You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.
why do you think it violates your rights?
Given that the state of Michigan does not allow for slavery except in the punishment of a crime and that no fault divorce is not a crime how does the Michigan supreme court fail to rule all Family Court Spousal Support claims and rulings as unconstitutional. Once a union is dissolved continued... Read more »
I see that you are a student of the law; that's good.
By your logic, shouldn't wage garnishments in general be abolished? And in fact civil litigation between private individuals should be unconstitutional, no? After all, how is that you should be able to sue me and take my money... Read more »
Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?
Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?
Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.
If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners'... Read more »
Too many factors at play to give a good answer, but let me provide a framework for analysis:
If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in... Read more »
Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a... Read more »
Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the... Read more »
My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »
It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for... Read more »
Police do discrimination and racial profiling against me. They defame my reputation everywhere. I want to file a lawsuit against police for violating my constitutional and civil rights, and to bring my witnesses to the court to testify under the oath.
Perhaps your first stop should be to the police department to make a formal complaint with that department's internal affairs. Your next stop could be to a civil rights attorney. Successful claims show a pattern of discrimination and profiling, and without substantial evidence of that, an... Read more »
Y are taking them for safety reasons how would i get them back
You'll probably need to open a probate estate, and with the Letters of Authority in hand, contact the police department.
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