It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

It really depends on whether you think that you can adequately defend yourself against the charges that the other person put on you. Your best bet will likely be to have representation, since a lawyer can 1) defend you, and 2) be in a better position to question the other side.

You can potentially get prison time for tampering with evidence; however, it largely depends on the nature of the evidence and what type of case the evidence was tied to, as well as a person's previous criminal history (if any).

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

The federal system tends to work much faster than the state system. The other thing to remember is that the federal penalties tend to be much harsher than the state side, even for something as relatively small being a convicted felon in possession of a firearm. The person's best bet is going... Read more »

Yes. This is illegal.

Not necessarily. Usually, house arrest is something that is ordered by the court under statute, and MDOC monitors the person while they are under house arrest.

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... Read more »

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... Read more »

Since you've been indicted, the first thing that you need to do is get an experienced criminal defense lawyer, as simple assault on LEO cases are very tricky to navigate, and get more complicated as time goes by. There also needs to be an investigation as to excessive force, since that could... Read more »

Typically, for it to be considered disorderly conduct, you have to be acting in such a way that it may disturb the peace of those around you.

Sadly, this is something that happens quite often. The best way to handle something like this is to make sure that the lawyer reviews your entire history and the discovery and file a motion to dismiss or otherwise challenge the DA's representations to the grand jury.

It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... Read more »

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »