It was DWLS charge. I recieved a 30 day sentence which i served from march 12th to april 2nd. i was recommended to do a 14 day quarantine upon release and where i live we have a self quarantine oder. i have a wife and 3 children, one of them only being 11 months old. I should also mention that I... Read more »
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.
Unless your boyfriend is pending a psych eval, he had to have had a preliminary exam or waived it by this point. And at this point, they would have had what in my county is called a status conference or pretrial conference. There could be a number of reasons why those may not have happened, or he...Read more »
Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.
My fiancé was arrested in Elkhart Indiana for a warrant for cass county Michigan. He’s been in there for a week now without hearing anything. Hasn’t signed any papers or has not gone in front a judge. I feel like I’m getting the run around cuz nobody will tell me anything.
He probably has a hold and is pending extradition proceedings. If he waives, Indiana would give Michigan just a reasonable amount of time to come get him. If he fights extradition, he will be arraigned in Indiana where a bond will be set pending the extradition hearing process.
If you want to fight the charge and have a trial, you'll need to make your way to Macomb county and deal with the bench warrant that has been issued. If not, then what the court told you about plea by mail is probably a good option.
The best thing you can do to support your friend, short of hiring an attorney, is to manage his expectations. I get it that your friend doesn't think his court appointed attorney is doing anything, but depending on the facts of the case, he may be facing a situation where he either accepts the best...Read more »
Question you on why you are parked there, and ask to search your car and u say no so they bring the dog and they claim the dog signaled them and start searching the car. Happen to find a gun under the seat but no drugs or anything else. Is this a legal search. What would be the probable cause to... Read more »
I would suspect that the police were actively watching that house, and had a pretty good idea of who was coming and going, and for what reasons. At the very least there is reasonable suspicion, which would allow for a brief period of detainment. Without knowing more about the case, it's hard to...Read more »
You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.
As to the ski mask in public, walking down the street may not be an issue,...Read more »
Assaulted by my mother-in-law a year-and-a-half ago they didn't want to arrest her because she is 70 years old but they did after they made me take a breathalyzer not her they called me the next day to ask if I wanted to press charges I said I did it has been a year-and-a-half now and I've heard... Read more »
Prosecutors make the decision to press charges. Have you contacted the local prosecutor's office to determine the case status? They could have elected not to pursue charges for any number of reasons. Just because someone wants charges pressed doesn't mean that the prosecutor must do so.
I was issued a misdemeanor citation for an MIP when I was 17. No court appearance, I just sent in my $80 fine. I didn't realize it was a misdemeanor and my parents were never notified. Now that a first offense MIP is only a civil infraction, can I have that offense changed to a civil infraction?... Read more »
Yes you can. Your scenario presents a question of fact: did he or didn't he have a firearm. That's ultimately for a jury to determine at trial, by weighing the credibility of the two conflicting statements.
That's not going to work. The search warrant and police report are not evidence. Further, the victim did not make the search warrant report or police report (that was done by the police, albeit likely with information the victim provided). It is not uncommon for police reports to be inaccurate -...Read more »
I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »
Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an attorney and...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 »
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.