Over $100,000 for damage to a property in 2009. The property was sold in 2016. How do we have the amount of restitution amended to credit the sales price? Is it to have a motion filed and if so, what kind of fees are we looking at? Thank you.
I think you'd need certainly a post-judgment motion. The legal question, though, is what was the amount of damages in 2009; not necessarily what the property eventually sold for. I think the more interesting question - and perhaps how this sort of motion may be better presented - is whether that...Read more »
I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of...Read more »
Please help me. I thought I was doing everything right and legal, but I just I was wrong. This year for Halloween I wanted to dress up as a Michigan Sheriff's officer. I go to university, and what scares college kids, the cops. I tried to do my best homework on the legal matter, and read that I... Read more »
The drugs are not yours, but y ou u are arrested for them. The person who you dropped off writes the judge said the drugs found were there's they must have dropped and is willing to get on stand a testify that that are theirs. Should the case be dismissed. Or could one still be found guilty?.... Read more »
Did complete my 2 yr. Drug court program for my felony probation but I still had fines to pay but found out I had the controlled buy done on me and I ran because I was scared I would go away for a long time and not see my family. How long will I get in prison if I go back and turn myself in I have... Read more »
You will be sentenced on your probation violation, with your original sentencing guidelines used for a good estimate. Additionally, you are likely facing a new charge, and points will be assessed for picking up this new charge while on probation in the sentencing guidelines. Without knowing more...Read more »
I was going after a truck, and i used the passing lane to over take the truck. After passing through, i started to lower the speed under the speed limits. After sever miles, i noticed the police car with light, i don't know they are aiming at me and i didn't hear any police car honking. Then i... Read more »
The facts being as you described, I would be surprised to find a prosecutor willing to dismiss the charge, or a jury able to find that you did not have intent to elude after traveling several miles even at lower speeds. Only a local lawyer able to go through all the evidence against you can give...Read more »
I know this answer comes likely after your husband's prelim. But I suspect there is much more to this story. That your husband has a no contact order with you as part of his bond conditions tells me that at least the court believes you may be more than a witness, but a victim in some regard....Read more »
I have a misdemeanor in Michigan, (3rd degree retail fraud under $200) that happened in June this year. I was sentenced to a year of probation. I was informed that i wouldnt be able to do direct patient care until 2022. However, I was already set to start my nursing program in January. I was just... 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 »
Have a friend who got 2 felonys over 10 years ago for home invasion and conspiracy to home invasion, was guilty by association and charged as an adult at 16. He would love to teach his kids how to hunt and protect his family, hasn't been charged with a crime since the initial incident. How would he... Read more »
Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with preponderance of...Read more »
Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.
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