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Marc G. Beginin

Marc Beginin’s Answers

59 total


  • How do you find out that your case is sealed?

    my friend was charged with felonies as a minor but he requested it to be sealed how do you go about it seeing it it got sealed

    Marc’s Answer

    Your friend should just call or visit the court to find out. Or you, or an attorney, can call the court and ask about the case. If the clerk refuses to answer your inquiry based on the matter being sealed or simply answers in the negative, then you know. Also some courts have on-line searches available, sometimes for a small fee. You can try that as well.

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  • What does it mean when you get a citation for possession of marijuana?

    i got a citation for possession of marijuana on the 30th. it said to bring to court within ten days of the ticket. my question is will there be jail time or will i just have to pay a fine? this is the first time ever receiving a citation instea...

    Marc’s Answer

    First things first: stop smoking marijuana and hire an experienced criminal defense attorney. Your attorney can possibly get the arraignment (when an initial plea of guilty or not guilty is entered) waived, so that's one day you may not have to show up in court. Your attorney can defend the case if there were any issues with search and seizure, probable cause and/or a variety of factors that may impact your case. If there is no viable defense, or even if there is, your lawyer can quite possibly work out a plea deal whereas, even if you do enter a plea of guilty, this matter may be kept off your record via a diversion program (see MCL 333.7411 or the Holmes Youthful Training Act, of which you may qualify for one or the other). You are charged with a misdemeanor so you must show up in court. You can't just pay the ticket, nor do you want to. A criminal record will impact your life moving forward, so you need to take this matter very seriously. If you can't afford an attorney, have the court appoint one for you.

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  • What happens if i fail a drug test while i'm on probation?

    I am on probation. I used something to flush whatever may have been in my system before going in to test. The next day, I paid all of my fines off and I was told that I didn't have to come in to test anymore. I decided to be dumb and celebrate th...

    Marc’s Answer

    The judge has many options for dealing with your prospective violation of probation, including:

    - revocation of your probation;
    - jail;
    - substance abuse treatment (in or out patient);
    - extending probation;
    - community service;
    - more frequent drug testing; or
    - a combination of some or all of the above, plus other creative things you won't enjoy.

    If you were under a deferred sentence program to keep this off your record (e.g., MCL 333.7411 or HYTA), the judge may revoke that status as well.

    You have a right to an attorney at all stages of the proceedings against you and a right to a probation violation hearing. You really need to retain an experience criminal defense attorney to minimize the impact of your faux pas.

    Marc G. Beginin, PLLC
    http://beginin.com/

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  • Do you know what the charge would be

    my 14 year old got caught stealing at a mall and they found merchandise on her from 4 different stores.

    Marc’s Answer

    Possibly four counts of retail fraud. Depends on the value of the stolen items from each store to determine the exact charges.

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  • My daughters boyfriends father has loaded pieces of property from our polebarn that he says his son told him was junk and he

    could have it, my mothers and my name are on property deed and neither of us gave him permission, this is the second time this has happened, he says he paid my daughter for the first load of stuff he took, he said he junked it for the money, I con...

    Marc’s Answer

    You didn't say what your daughter's position is on all this. Did she give the impression to the boyfriend or boyfriend's father that she had the authority to give or sell him the property? Did she, in fact, accept money for all or some of it? If so, I'd be cautious going to the police because it may be your daughter who gets charged with a crime. Otherwise it's a civil matter between you, your daughter and her boyfriend and his father.

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  • If a minor is arrested and he is not read his Miranda rights during any of the processes of being arrested, what would happen?

    Could the minor still be charged afterwards?

    Marc’s Answer

    Attorney Jones is correct. Miranda rights only relate to the admission of statements of the accused while in police custody. They are wholly unnecessary for the police to provide unless the prosecutor intends on introducing such evidence in court as evidence of guilt.

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  • I was wrongfully arrested and later had the charges dropped, can I do anything to get the money back I spent on lawyer and bail?

    I was arrested from my home, never told why, and thrown into jail. The next morning, a detective tells me that I am the primary suspect in a flashing/public masturbating case at my apartment complex. He asks if he could search my apartment for s...

    Marc’s Answer

    This is why you should rarely, if ever, consent to a search. The marijuana charge is a byproduct of your consent to search. Assuming the pretext was valid, so is your arrest and charge for the same. Hire a competent criminal defense attorney.

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  • Can court delay hearing for 30 days while police get act together

    My son was given a ticket for supposedly interfering with an investigation when he was stopped walking down the street. A man had called in a complaint about a possible robbery. The police stoped my son who asked them why he was being stopped. Any...

    Marc’s Answer

    Yes, it's common for the court to give one side or the other time to prepare. In this case, your son's attorney would surely jump all over the fact that the police did not have a police report produced immediately after the incident. I would hope they are not using the extra time to prepare a report. That is certainly irregular. If your son doesn't have an experience criminal defense lawyer, you should get one as soon as possible.

    Law Office of Marc G. Beginin
    http://beginin.com/

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  • Can I get a restricted license?

    My license was suspended for around four years for unpaid traffic tickets. I was recently pulled over and ticketed for driving with a suspended and taken to jail for warrants that had been issued. I paid off all my old fines and answered the warra...

    Marc’s Answer

    In Michigan, hardship appeals are still available under MCL 257.323(3) in the case of, among other things, a suspension imposed under MCL 257.904(10) or (11), which sound like what you got (driving while your license privileges were suspended). However, you would need to appeal the matter to the circuit court where you reside. As a practical consideration, by the time you got into court after filing the motion and appearing at hearing, you're license suspension would almost be administratively lifted (at the end of the 30 days). In your best case scenario, and assuming you win the hardship appeal, you would only shave off a few weeks from the suspension. For the price you would pay an attorney to expedite the process and do it right, you could probably get someone to drive you around.

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  • I wanna be a cop, but I had a felony 7 years ago for manufacturing and distributing marijuana I had it set aside or expunged

    Since the felony I went back to school and got my high school diploma, had a kid, got married, bought a house and good job. I have not been into trouble since then , totally turned my life around since that happened. My question is what are my cha...

    Marc’s Answer

    Inquire directly with the police agency of which you want to be employed. If it was expunged, then they would be privy to your conviction but non-governmental persons and entities would not. The issue is your character to work as a police officer (i.e., not be a crooked cop based on your background) and whether or not you can testify as a police officer in court. For the latter, a defense attorney would generally not have access to your expunged criminal history and such information would possibly be inadmissible on other grounds. Again, depends on the inclination of the particular police agency, so check directly with them.

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