Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".
Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many...Read more »
As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month...Read more »
he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... Read more »
Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that...Read more »
Assuming your headlights were off during the dusk-to-dawn period, it sounds like the stop was valid. Of course, a lawyer may want to know exactly where the police officer was to have observed your headlights. If the stop is valid, and your BAC was over 0.08, you need to start thinking mitigation...Read more »
If you cannot afford to hire an attorney, then you will get one appointed for you when you go to court. They will help you. If you can afford an attorney, my associate does a great amount of these types of cases, or you can keep searching and find someone else.
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.
My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »
That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.
While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...Read more »
Depends. Generally, the road to a license again involves a period of time with an interlock device ("blow and go") with a restricted license prohibiting the person from driving any car without it. So at least as a practical matter, the applicant would need vehicle access for which an...Read more »
I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... Read more »
I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is...Read more »
EX wife history, losing first kids, losing license for 15yrs, 3 DUI, 17 yrs ago. After 20 years marriage, witnessed her badly many mental ill, she was fine for 17 years perfect no drugs no alcohol, beautiful loving woman. 2016 she was giving new mental drugs and I don’t know what happened to her... Read more »
Typically not; community service hours are ordered for a reason. Best thing to do is talk with your probation officer about what is expected of you and what you can do before it becomes an issue for the judge.
Absolute sobriety. You will need to fill out an application, and submit it to the Secretary of State along with a professional substance abuse assessment and at least three support letters. You will then have to attend a hearing with an administrative hearing officer. If you can prove absolute...Read more »
IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even...Read more »
Typically, that provision relates to places where alcohol is the primary source of sales. There is a difference, certainly, between a bar that happens to serve food, and a restaurant that happens to also sell alcohol.
It would be wise, though, that while on parole, you conduct yourself...Read more »
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