My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts... Read more »
Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.
I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... Read more »
Woe for me to ever suggest a person accused of a crime go to court without an attorney. But the fact the judge didn't appoint one for you makes it highly likely that you will not go to jail. At the pretrial conference, you will meet with the prosecutor. You may elect either to enter a plea to...Read more »
There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.
That isn't true and I was in a sting for prostitution, and not showing up for court but couldn't because I was being held in a physciatric hospital and couldn't leave what's the best way to handle this?
The best way to handle this would be to hire an attorney and let him or her walk you through the process. You need to address each warrant. They will not just go away on their own. Failing to appear in court, even if held in a hospital, is still something you will need to answer to. You may have a...Read more »
After multiple FOIA requests and calling in some favors, it has been determined that their files and/or any paperwork from their case no longer exist. Do you know anything about filing a motion to dismiss their cases based on the fact that they cannot work on appeals or revisiting evidence etc.... Read more »
y question is if I set up a PPO against someone that has harassing me and physically assaulted someone in my house that is on probation. How would it affect the person that is on probation? Especially if the probation is to stay away from police contact. The reason why I’m asking is the aggressor... Read more »
This is a tough question to answer because the correct answer depends on a lot of variables that we cannot anticipate - in the case of assault, who is the aggressor and the attacker sometimes comes down to credibility and is rarely clear cut. Generally, just because someone is on probation...Read more »
Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.
Does a prosecutor have the legal authority to charge someone in a different district, at a different court, and issue an arrest warrant at a different jail than which the crime was originally reported in? I was charged with a misdemeanor crime, the person reported me in one district at a certain... Read more »
Venue is what's considered here. And that's mostly dependent on where the crime actually occurred; not where it was reported. Prosecutor, though, has the burden of showing venue is proper. I have seen cases simply transferred when venue is an issue. If everything is in the same county,...Read more »
What is your theory that the county government is responsible for an individual's potentially criminal actions? You also need to consider that police and prosecutors have qualified immunity for their actions.
A more effective route to consider might be suing the person you claim hit you.
have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their... Read more »
You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.),...Read more »
I was sitting in my car not far from my house waiting on a lyft pickup..neighbor pulls up beside me and tells me I cannot park there so she starts cussing me and then pulls up on my husband and has her tires on my property and would not leave..is it a crime to park on a street?now my husband is... Read more »
he gave me a verbal warning then said his dog hit on my truck which i did not consent to but i know he did not call us in cause my plates were 2 months expired not to mention when he ran mine and my wifes license he said we were clear in michigan not knowing my wife had a wisconsin dl. an empty... Read more »
You need a criminal defense attorney now. These situations are fact dependent. It sounds like there was a valid stop. An attorney might want to know how long you were stopped before the dog came out. And there are some interesting cases regarding what can happen when a dog "hits" on a...Read more »
This may sound stupid and harkens to the age-old computer advice to make sure you turned power on: did your daughter have ownership or authority over the vehicle sufficient to give you permission to use it? In other words, who owned the vehicle? If she doesn't, then she can't give you...Read more »
If a person on parole was arrested for a crime, and the case dismissed in prelims, meaning he was never formally charged with that crime, can he be held in violation of that same crime. Even though he was never actually charged let alone found guilty of it?
I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... Read more »
Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed...Read more »
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