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A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More 
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answered on Jul 20, 2024
If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.
When traveling to the US, bring all... View More
A person flees from an officer. The officer pursues the person. During the pursuit (running after them) the officer trips and falls and injures his hand. In michigan, can the person who flees from the officer now be charged with assault on an officer even though they didn't physically touch them?
answered on Jul 18, 2024
Yes. The proper charge is "assault / resisting / obstructing" - physical contact is not required. Anytime to assault, resist, or obstruct a lawful order made in the performance of law enforcement duties, you can be criminally charged. Presumably, the chase occured contemporaneously or... View More
Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.
answered on Jul 16, 2024
If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.
I would not anticipate any great... View More
As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?
answered on Jul 15, 2024
I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More
There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More
answered on Jul 5, 2024
Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More
Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More
answered on Jul 3, 2024
You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More
What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More
answered on Jun 17, 2024
Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.
While out in public, my leashed medium-sized dog got entangled in a crowd, while trying to unentangle him, he attacked a small dog that was being walked toward our direction. My dog hasn't had any issues previously which makes me believe that the little dog did something that my dog reacted to... View More
answered on Jun 17, 2024
Hire an attorney in the location of the arraignment. They may be able to arrange for this to be done by zoom or resolve it by some other means.
If this incident happened in your location, I'm unsure how you would be arraigned in a court 3 hours away. You also need to look into that... View More
The judge that is presiding over the case was initially the prosecutor that brought the charges. Would that qualify as a mistrial due to conflict of interest or something else? How do you file to have this investigated? What type of motions need to be filed?
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answered on Jun 10, 2024
If a judge who was previously the prosecutor in a case is now presiding over that same case, it can indeed be grounds for a mistrial due to a conflict of interest. This situation raises serious concerns about impartiality and fairness, as the judge's prior involvement as a prosecutor could... View More
answered on Jun 3, 2024
Model standard jury instructions are available online. Note, though, that those may not be what were actually used in the trial as some courts use modified or specially prepared jury instructions. What will matter for your case is what was actually read to the jury.
My pistol was seized during a traffic stop because the officer assumed my CPL was expired having observed that the exp date printed on my CPL had in fact passed. But michigan law states I have one year past the exp date to renew said license. I have done the required refreshment review and range... View More
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answered on Jun 2, 2024
To have your unlawfully seized weapon returned in Michigan, you should first gather all relevant documents. This includes your CPL, the receipt for the renewal fee, and any proof of completing the required refresher course and range time. These documents will help demonstrate that you were in... View More
My pistol was seized during a traffic stop because the officer assumed my CPL was expired having observed that the exp date printed on my CPL had in fact passed. But michigan law states I have one year past the exp date to renew said license. I have done the required refreshment review and range... View More
answered on May 30, 2024
You're not getting it back before concluding the criminal case in which you can present the argument you're making here. The one-year "grace period" should not be read to mean that you're immune to prosecution for CCW during that year.
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
answered on May 9, 2024
As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
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answered on Jun 2, 2024
You may have grounds to reclaim the vehicle, but it will require a legal process. Given that the charges were dismissed due to lack of evidence and an invalid stop, your father's decision to sign over the vehicle under duress and without charges being filed at the time could be challenged.... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
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answered on Jun 2, 2024
You may have grounds to sue the police department for rights violations if your arrest and vehicle seizure were unlawful. It's essential to consult with a civil rights attorney who can evaluate the specifics of your case, including the circumstances of the traffic stop, the validity of the... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
answered on May 9, 2024
As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.
Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has... View More
And sentenced with no bac proof.
answered on May 2, 2024
You can be charged and convicted upon proper proof of either:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per... View More
I need to know now his test is anytime today
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answered on May 2, 2024
The PO does not have to allow you to be present. However, it would be surprising if the PO was not willing to talk to you. He/she should want to hear any relevant evidence. Then again, the PO is going to rely upon the results from drops, rather than taking any person's word for it.
I need to know now his test is anytime today
answered on May 2, 2024
That would be up to your fiance, and more specifically, his PO. I'm not sure what value would be placed on what you have to say. His drug test will either be negative or positive, and what you have to say probably won't change that.
Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help
answered on Apr 29, 2024
By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only... View More
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