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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.... View More
answered on Sep 23, 2021
What exactly are you looking for? I would find it unlikely / hard to believe that at least transcripts no longer exist.
I'm assuming the time for direct appeals has long passed. When you go to trial and lose, you have a right to appeal, but that applies to direct appeals. Time is of... View More
I need to know what to do in order to get the police to do something about this felonious crime.
answered on Sep 20, 2021
I'm unsure what else you can do other than file a police report.
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... View More
answered on Sep 15, 2021
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... View More
answered on Sep 17, 2021
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.
My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.
answered on Sep 10, 2021
There are ways to allow a judge to rule after his term expires. You can however certainly appeal the length of the sentence given as being excessive under the specific facts of your son's case.
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... View More
answered on Sep 7, 2021
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,... View More
I was hit in the head with a wooden baseball bat and no one was held responsible even though I know who did it. I almost lost my life
answered on Sep 5, 2021
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... View More
answered on Sep 3, 2021
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.),... View 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... View More
answered on Sep 3, 2021
With the facts you presented: no, it is not illegal to park on the public street so long as there are no signs or obstacles to the contrary.
I cannot imagine how your husband is facing a felony charge from the incident as you describe it. There has to be more to the story, and hopefully you... View 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... View More
answered on Aug 30, 2021
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... View More
How can I be charged
answered on Aug 25, 2021
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... View More
answered on Aug 25, 2021
Traditionally 42 days. These days? Could be more or less than 42 days. If you are not in custody, your case may proceed slower than those who are in custody.
A status conference is not something you want to rush into. All it is is a conference to determine whether you will plea or go to... View 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?
answered on Aug 23, 2021
Possible. A parole violation doesn't require criminal charges or a finding of guilt.
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... View More
answered on Aug 21, 2021
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... View More
answered on Aug 21, 2021
Interstate extradition is complex. But if what your husband is accused of doing in Florida is serious enough to trigger a nationwide warrant, you should expect Florida will carry through and extradite him. There are many exceptions to the timeline, so don't think that if he sits for 20 days... View More
is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?
answered on Aug 10, 2021
Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.
Hello everyone ☝
answered on Aug 9, 2021
You seem to be answering a question in the wrong place. Apparently you should have answered directly to the attorney that asked the question.
Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation
answered on Aug 8, 2021
Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... View More
She has been in a mental health facility 2 yrs now and i know its been too long. The place is not helping her at all actually she has gotten worse since being there. With alot of different meds they have had her on. I told them shes became immune to them an they should do a wash. Meaning get them... View More
answered on Aug 8, 2021
There is nothing you can do to move the case forward faster. You can, perhaps, help her attorney do so. Her attorney is the only person the court will accept filings from. The Forensic Center is probably not inclined to take directives from you or the attorney.
Keep in mind that under... View More
I need representation ASAP in Monroe Michigan I am going to lose my law-enforcement license for a fake harassment claim my chief of police made against me at my last employer I resigned from.
answered on Aug 8, 2021
You are going to need to make a call to an attorney that you choose, from the information that you find here on this site. I would be glad to help you and link you up with my associate who could represent you, if you phone or email me, or you can use the information that you find here to contact... View More
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