My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More

answered on Sep 27, 2023
Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.
That lawyer, that judge,... View More
Due to the mental health of the respondent there is a significant likelihood that the person would be violent or use traumatizing language as well as appeal in hopes of spending more legitimate time with the victims.

answered on Sep 12, 2023
In most counties, there are victim / witness services coordinators that can help address these concerns. A victim's right to be protected is sometimes in conflict with an accused' right to confront witnesses. But there are ways. And importantly, judges have contempt powers that can be... View More
This is a non-domestic PPO and we need protection from stalking, sexual harrasment and cyberstalking.

answered on Sep 11, 2023
If you need assistance with obtaining or defending against a Personal Protection Order (PPO) in a non-domestic context, particularly in cases involving stalking, sexual harassment, and cyberstalking, it's advisable to seek the expertise of a civil litigation attorney, a civil rights attorney,... View More
it’s for prisoner possesses contraband when they took me to jail for an owi i had pills in my bra

answered on Aug 23, 2023
If you have a felony on your record that you wish to have expunged in Michigan, it's advisable to consider consulting with an attorney who specializes in criminal law or expungement. While the decision ultimately depends on your specific circumstances, having legal guidance can be beneficial.... View More
And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

answered on Aug 10, 2023
I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More
Less than 50 grams

answered on Aug 4, 2023
I don't think you can accurately infer a potential sentence from the bond in cases like this. Bond is intended to ensure 1) the person will show up to court, and 2) community safety. In more serious offenses of course it's presumed community safety is at risk (e.g. murder). It is not,... View More

answered on Jul 17, 2023
Depends on whether sentencing happened. Either way, you can ask, but a judge does not have to allow it.
"Reversal" is actually asking to withdraw your plea. If you do, the case does not go away. You effectively go back to "Square One" - facing trial as-charged with all... View More
The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More

answered on Jul 6, 2023
By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always... View More
Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

answered on Jun 28, 2023
The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.
The two counts of R&O would likely come from two officers present, HOWEVER, that... View More
He was in a serious car accident Memorial Day. Been in hospital and now pt rehab since. He left me a drunk vm that day but I don’t know if there were charges. Would be his 6th dui. No driver license since Feb 2003. Bench warrant for outstanding child support. Obviously no insurance or ID. Rolled... View More

answered on Jun 27, 2023
Very likely he will face charges related to this. Typically in this situation like this, the police would have a blood draw and will charge him based on those results when they come back. And obviously it will be easy to confirm driving without a license, which is a misdemeanor itself.
The... View More
Went to rehab on my own, and have been to IOP and aa&na like 70x times since getting outta rehab jan22nd.. also recently started working.. I asked my attorney nonstop about drug court, he never brought it up at court n is saying I got a chance at swift&sure.. Also I was taking off bond... View More

answered on Jun 20, 2023
Let's consider a few things here:
You pled to delivering or manufacturing meth with, presumably, a recommended sentence of no more than 48 months. Your guidelines otherwise call for a sentence exceeding 78 months. Those are prison guidelines, and if you get anything less than prison,... View More
I pled guilty to misdemeanor Animal abuse because my lawyer said the prosecutor would drop the misdemeanor and charge me with a felony if I didn't. This case has ZERO to do with any type of drugs or alcohol. Now the court has put me in a veterans treatment court and is trying to make me... View More

answered on Jun 7, 2023
I understand what you're saying but look at it this way: probation is in lieu of jail. You wouldn't be drinking alcohol in jail, would you?
And if you're in veterans treatment court, the counter argument would be made that drinking is contraindicative of the treatment and... View More
He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the
interest stop until he is released?

answered on Jun 5, 2023
I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... View More
I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in... View More

answered on Jun 5, 2023
Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.
The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that... View More
A man was masturbating in his window the the 2nd time watching inside my house and my kids saw. I took pictures and called the cops and I want to press charges.

answered on May 30, 2023
I think you have all the information you're going to get (hopefully). Whether it's enough to charge him is a decision the prosecutor will make after you report this to the police. A question will be whether this "show" was intentional or not. There is a difference between being... View More
My man for the 2nd time that lives next to me had his window open and looking into my living room where me and my kids were and he was masturbating right infront of the window were we could cleary see. My son who is 5 year old is the one who saw it and pointed it out. I have photo proof that... View More

answered on May 28, 2023
Very sorry to hear that you are experiencing this. I would suggest that you video him in the act then call the police. This kind of sexual harassment is treated by the police very harshly when kids are involved. but they will need some proof, hence the video. As you video you should speak the... View More
The Michigan State Police and the Michigan Attorney Grievance Commission are investigating Michelle Elowski's legal practices. I have an open court case against her for conning me out of $25,000. The judge told her to work with me so she got an attorney and the both of them disappeared.... View More

answered on May 24, 2023
If an attorney has violated your attorney-client privilege and disclosed your confidential communications with the attorney to a third party, you should hire an attorney who practices in the area of legal malpractice to sue the attorney for any legally compensable damages you have sustained as a... View More
I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

answered on May 17, 2023
You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More
My boyfriend was taken into custody on a violation. He chose to waive his hearing with the parole specialist. I had no evidence or reports to back up my statements of domestic violence- I verbally reported to the parole officer, and i would have chosen not to testify if there had been a hearing.... View More

answered on Apr 25, 2023
No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the... View More
HOUSE. IS IT TRUE THAT ONE PERSON CAN BE IN THE HOUSE WHILE THEY SEARCH? I HAVE A LOT MORE. THE INVENTORY THEY TOOK WAS NOT LISTED

answered on Apr 24, 2023
Yes, and yes to your questions. The search warrant would be based on probable cause that evidence of criminal activity could be found within that house. Whether they found anything or not is largely immaterial. As to what was taken, people with ownership interest in that property could file a claim... View 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.