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I have a family member in jail serving time for a case in one county, but they got locked up while on bond for a different case in another county. Will they be able to get time credit/time served?
answered on Dec 7, 2021
The general rule is that you get time credit for one case at a time.
answered on Nov 28, 2021
The standard is the same in a jury or bench trial: motions in limini - to exclude or restrict certain testimony - should be granted when the evidence is more prejudicial than probative. If you don't know what those two terms mean in the legal world, you absolutely should have an attorney, who... View More
Was investigated by CPS for someone calling in alleging that I molest my child. My child is not biologically mine I believe that the biological father had something to do with the call. but at the end of the investigation they found no evidence of abuse happened. Especially with interview with my... View More
answered on Nov 21, 2021
Can they criminally charge you? Yes. Will they, with the child victim saying it didn't happen? Unlikely (assuming a forensic interview was conducted).
CPS investigations are civil in nature. While it all may appear similar, it is legally two different legal matters: civil and... View More
But he has been incarcerated in prison in the state for almost a year, so there is no possible way he could have been driving. The cop also said he witnessed the driver to be a male, and he is personally familiar with the registered owner, so he would have known that that is not who was driving. He... View More
I Got Arrested For 3rd degree retail fraud and I was so scared cause I never been in trouble so I was acting out of fear and used a fake name and now I got a letter in the mail to get arraigned and I Don’t Wanna go to jail I have a 1 year old son and I just got a good job working at the hospital... View More
answered on Nov 17, 2021
Best to face this head on. Otherwise, there will be a warrant for your arrest. And while the police likely won't come out with the SWAT team to arrest you on something like this, these sort of things often creep up and catch up with you when you can least afford to deal with it: you get pulled... View More
He is from Louisiana so that is where he filed he’s report and they contacted Detroit police that is where I’m from
answered on Nov 17, 2021
What is your question? Is he your current boyfriend? When accused of a crime, one of the most important rights you have is the right to remain silent. You probably need to exercise that right with your boyfriend and the police.
answered on Nov 14, 2021
While on parole - until discharged or revoked - you remain under Michigan Department of Corrections jurisdiction. That is true even when a person picks up new charges. And it doesn't change based on what a local court does.
It's hard to say what "disposed" means. Are you... View More
I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... View More
answered on Nov 12, 2021
Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... View More
answered on Nov 10, 2021
Murder. The particular facts, and any defenses, may determine the specific type of murder. It's hard to imagine a complete defense when strangulation is involved. The outcome will likely either be a life sentence without parole or a very long time in prison.
I know it’s aiding and abetting but her intention wasn’t for the man to be killed she was looking for her sister and one of the people also looking made the decision to commit murder without being encouraged to do so. She has no criminal history and is not the kind of person that should be... View More
answered on Nov 9, 2021
How do you already know what sentence she will receive? If she agreed as part of her plea to a specific sentence, then she cannot challenge the length of that sentence on appeal. If she did not agree, then she can appeal to the higher court and ask them to reduce it, however, they can only reduce... View More
answered on Nov 5, 2021
You will need to check into reciprocity; not every state is reciprocal. Additionally, if you are a Michigan resident, even with reciprocity, you would need to go through Michigan's CCW process at some point.
answered on Nov 3, 2021
No. Fines are a sentencing determination. With a felony warrant, any potential fines is, or should be, the least of anyone's worries.
Was pulled over no plate or insurance. Placed in front seat of police car. Asked for consent to search found nothing in car. Was told I was being "cut loose" then as I am leaving I'm told he wants to frisk me. Is this legal?
answered on Nov 1, 2021
Yes. Could you have told them "no"? Probably. Would that have stopped them? Probably not. Is it good police practice? Arguably not.
If they would have found something to arrest you on during that pat-down, you might have had cause to suppress it.
I´m trying to help a friend,so I appreciate any answers as it is not easy to navigate through the legal system.
answered on Oct 25, 2021
Yes there is; and you need to exhaust state court remedies first.
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... View More
answered on Oct 18, 2021
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 would not take a plea - felony or... View More
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... View More
answered on Oct 18, 2021
You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.
I have no prior record. The judge isn’t allowing me a court appointed attorney and I cannot afford one. The total amount of stolen goods was $91.28.
answered on Oct 12, 2021
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... View More
I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.
answered on Oct 11, 2021
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.
The police then proceeded to search my vehicle without my consent. They found some contraband...was this legal?
answered on Oct 2, 2021
Search incident to an arrest....likely legal, but always fact-dependent.
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?
answered on Sep 27, 2021
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... View More
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