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 »
A common condition of probation is to not leave the state without approval of the Court. If your probation officer is unwilling to allow for travel, it is recommended that you hire a lawyer to file a motion before the Judge assigned to your case to allow for travel.
My husband was arrested for retail fraud but charges were reduced to disorderly person, he paid fines and was held in jail for this and now he has to do probation, drug tests and counseling for this. Is this right? He was even asked about his immigration status.
Yes. I assume upon his arrest, he was held in jail on some sort of bond, which he was unable or unwilling to provide for his release. He then entered some sort of plea, and was sentenced to a term of probation - all of which is something the judge can do. When you are on probation, it is a grace...Read more »
Yes they can. If you are declining offers, you are electing a trial - which is certainly your right. However, at a trial, the prosecution can try to prove all crimes you've had due process on (e.g. been arraigned on).
I was at my mothers house yesterday and she started swearing at me in front of my kids, I told her to stop and that made it worse. She snatched my phone out of my hands and ran away into the living room where i seen her throw my phone as hard as she could to the ground, i went to to pick it up and... Read more »
The arrest decision was made by police based on their initial investigation. No one beside the officers involved can really say how or why other than they obviously thought probable cause existed that you assaulted your mother. It's a decision susceptible to human error in judgment, which is...Read more »
What do you mean by not having a right to a speedy trial? Delays in getting to trial can be attributed to the prosecution OR the defense, and unless you happened to be a MDOC prisoner at the time, there is no absolute right to have a trial within a certain period of time. What speedy trial does in...Read more »
I was charged with an additional charge 2 months later. They are saying that I was charged with the drugs first. Then the prostitution...when in fact It was the other way around. I now have warrants and I need to get then taken care of.
When were you arraigned, and on what charges? Just because something happened in a given time sequence does not always mean that's how the charges will reflect it; People can be charged with a crime that happened earlier after being charged with another crime.
As a child, I was a witness/alleged victim in a Michigan court case involving child sexual abuse. I don't have any information as to which court tried the case but I'd like to have access to any documentation I can, especially the results of the test that the prosecution had run to... Read more »
The first step is to find out what court the case was in. If you know the defendant's name, and that person is still alive and in prison, you could do an inmate search, which would indicate what county the conviction came out of. It will also list the case number. Then you could contact that...Read more »
Disabled does not equal incompetent, which has a legal definition. You are presumed competent.
How were you forced into a plea deal? At some point, you had to have appeared before a judge, who asked you (not your attorney) "has anyone promised or threatened you with anything to get...Read more »
Not sure there is anything you can do. Sounds like the court did exactly what they told you they would do: if you pay, you get a misdemeanor; if you don't pay, you get a felony. Usually in these types of cases, you entered a plea on the factual basis for the felony; in other words, you already...Read more »
state 6yrs ago and has 2 bench warrents because of it..what exactly can be done to avoid jail time?? at one point michigan come for him in georgia and was gonna take him but decided not to because he is diabetic and has high bp
The absolute best way would be for him to contact a Michigan attorney local to the court he was sentenced in to arrange a return and surrender. It's doubtful that a Michigan court would extradite him from Georgia for something like this, but if they did, or if he's ever found back in...Read more »
Are the cameras on their property, but facing your general direction? If they are, I'm unsure if you can do much about that. Now what they are doing or could do with those recordings is a different matter, and could be actionable in some instances.
It's clear the prosecutor completely hates Lewis and has not been open to any negotiating and we feel our 7,000 dollars got us not alot of fight from our attorney but then again we don't know if he has done all he can yet ? Louie is guilty of possession not possession with intent there is... Read more »
There is not a whole lot anyone can do at this point. Your attorney's job at this point is to advocate for whatever terms of the plea agreement and as low of a sentence as that agreement allows. For better or worse, Lewis plead guilty to PWID, not possession. Regardless if there were talks...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 »
I requested the reason why from the FBI and their letter says it's due to a felony conviction in Michigan from 2010. I plead No Contest and the charges of disorderly conduct and assaulting a police officer were expunged after 6 months. Why is that a prevention of my right to buy a firearm when... Read more »
You will need to refer back to your judgment of conviction paperwork to see exactly what happened. Your conviction could not have been "expunged" after 6 months because there is, and has been for some time, a 5 year waiting period before you may make application for expungement to the...Read more »
in 2009 I was charged with a felony count of possession of marijuana in another state. the charge was reduced to a misdemeanor after a guilty plea. I am currently able to vote, and do not have any rights withheld.
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.