civil infractions, petty-misdemeanor, non-violent misdemeanors, non-violent felonies, etc... .
With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.
webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.
The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.
unreasonable search and seizure; probable cause; warrant; etc.... .
Your question is much to broad. The 4th Amendment is the subject of new case law nearly every week. But very broadly, a search or seizure must come about after reasonable suspicion or probable cause.
There are limits (not at all addressed below), but generally yes. Public health rule making is regarded as one of the Police Powers.
The US Constitution reserves the Police Powers to the states (Tenth Amendment), although limited by the supremacy clause (Article VI, paragraph 2, and not... Read more »
I received a civil infraction bt the DNR (Department of Natural Resources) in a state park. The Civil infraction is R299.922(q). I am trying to understand the penalties that come with this CI as the ranger said it was just a fine but I want to make sure it doesn't show up on my driving record... Read more »
A Michigan attorney could advise best, but your post remains open for a month. As a general matter, each state might operate differently in terms of what their Departments of Natural Resources (or Environmental Protection, Wildlife, Fisheries, etc.) share with their Departments of Motor Vehicles.... Read more »
And I spun around and the knife stabbed me but when police arrived at the house I stated that I fell down the steps and now they are pretty much making me testify against her which I don't wish to do cause it could land me in jail also I need an attorney to represent me in this matter so I can... Read more »
You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it... Read more »
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 »
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