Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More

You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this... View More

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in... View More

Minors have substantially similar Constitutional rights as adults. That means if your child is accused of a crime by police, they should be instructed, as adults should as well, to 1) remain silent and 2) request an attorney (and their parents).

Just like adults, what your child says in... View More

Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.

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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

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

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

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

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

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

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.

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

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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

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.

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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

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.