is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?
authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »
Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone...Read more »
to Ohio and kills the person they have beef with. Is that considered federal felony murder because they crossed state lines to kill a person in another state? Will the murderer be charged with federal murder, Michigan state murder, and Ohio state murder? Also, are the US Codes all the laws... Read more »
Not necessarily. Federal criminal law is concerned with interstate commerce. Under your fact scenario, the person would be charged with murder in the state the murder happened: Ohio. Note that Ohio has the death penalty, unlike Michigan.
I purchased 2 rifles in 2016, in 2020 they were reported stolen. The owner says I'm at fault even though when I purchased them they were not reported stolen. They were reported stolen in September 2020 4.5 years after I bought them.
There's not a question that I can see, but you've presented facts that suggest you want to know about bonafide third party purchasers for value. If you are without notice that the guns were stolen, when you purchased them, then you might grounds to keep the rifles. Depending on where...Read more »
It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.
the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »
There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.
My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »
My best friend got arrested for fleeing from a police officer after they did a stop for a traffic violation. She was having a mental health episode triggered by seeing the police officer walking towards her car. She was arrested eventually after her car tires were taken out and she drove onto a... Read more »
By the facts presented, it sounds like she already caught a break by being charged with the least degree of fleeing and eluding (4th degree). Chances are her attorney may be able to negotiate further. A treatment court (mental health or veterans) may be an option as well, which would greatly...Read more »
My boyfriend was sentenced sept 2019 and had already been detained since august 2018 his release date has changed from the one listed on bop.gov and it doesn’t include halfway house or home confinement what is the minimum amount of time he will actually have to serve in the bop system if he stays... Read more »
these people broke thru her door body slammed her, attacked her daughter,( that has a broken back) grabbed her phone from her hand, proceeded again an attempt to steal from her checking account and credit cards. also other attacks not reported. She is 80 yrs and sharp mind. they are her son... Read more »
If investigation reveals that the crime of making a false police report happened, the prosecutor will charge the responsible person or persons. Prosecutors make charging decisions. If there is concern about police actions, the first step would be to file a complaint with the responding police...Read more »
A friend of mine has been accused of inappropriately touching a young child when she was six, that's what shes saying. She is 17 or 18 now. My friend is very upset and is wrongfully accused. Can he take her to court to get his name cleared? If so what steps should he go about this?
Depending on the allegations and to whom she is making these claims, this could result in serious criminal charges against your friend. If it were me, I'd keep silent about the allegations. And if he is contacted by law enforcement, definitely get a lawyer before speaking with them.
Not a wise idea. However, he may be eligible for restoration of his gun rights - thus alleviating the problem. He should consult with a local attorney versed in that to determine whether he is eligible and go through the process before you two move in together.
My son bought a truck in Wisconsin. He was under the impression from the man that it'd b fine 2 drive the truck home 2 Michigan from Wisconsin.& then insure & register it. Well he got pulled over on the way home. He got a ticket 4 no registrarion & no insurance. They marked the... Read more »
I doubt that he is going to get jail time. He needs to fully explain the circumstances of the incident when he sees the prosecutor and the judge. He should have a dated receipt for buying the truck, to show he had just bought the vehicle. He should have photos of it in its disassembled...Read more »
I was eligible and filed the expungement papers with the courts sent them to the prosecutors and state police dept. Court date is coming up and was wondering if it’s something I can do on my own like go before the judge or should I hire a lawyer to show up? It’s 1felony/Felonious Assault
It never hurts to at least talk with a local attorney who might be able to give you guidance as to what your particular judge expects and prepare you for the hearing. Expungements are discretionary, meaning that just because you qualify doesn't mean that the judge has to grant it. And it will...Read more »
My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »
If you are the victim of ANY crime you should contact the police and make a report.
If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...Read more »
Depending on what it is they found, possibly. The search warrant likely authorized the cops to enter the house looking for drugs. But once inside, if they happen upon a machine gun or heroine on the coffee table, they obviously arent' going to ignore it.
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