His apartment building was raised a few months prior, and although it didn't have anything to do with him he was still questioned. They Lt him go and nothing has happened since but he got a certified letter saying that they were going to seize if he didn't forfeit the items on the list.... Read more »
They won't hear it because, by law, you are not eligible due to having outstanding fines into 2021. A judge does not make the rules; they can only follow them. An expungement can only be granted after expiration of the applicable time period, which begins once the entire sentence - including...Read more »
Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.
It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as... Read more »
These are not related to me. The first was a DV offense where she kicked a pregnant woman in the stomach two years ago. 3.5 months ago she was pulled over with superdrunk 3rd DUI(Felony). In both cases she was arrested, Warrants were requested by police, but the prosecutors office ignored them on... Read more »
Charging decisions are wholly within the prosecutor's discretion. Regarding the DV offense, if it was two years ago, I think it's a foregone conclusion what the prosecutor thinks of that. Could be witness issues, and apparently the pregnant woman hasn't been in the prosecutor's...Read more »
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...Read more »
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.
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... Read more »
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... Read more »
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.
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.
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.
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.
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... Read more »
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... Read 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... Read more »
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...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.