Marc G. Beginin’s Answers

Marc G. Beginin

Birmingham Criminal Defense Attorney.

Contributor Level 9
  1. Is the defendant required to attend the pre-trial conference for a Misdemeanor charge of DUI?

    Answered almost 2 years ago.

    1. Marc R. Lakin
    2. Tara E. Nichol
    3. Marc G. Beginin
    4. Daniel P. Hilf
    5. Steven R. Simkins
    6. ···
    8 lawyer answers

    If the meeting happens in the context of a "hearing", such as an arraignment or per trial, for example, then yes you must appear. This is true of all misdemeanor and felony matters, but not necessarily so for civil infractions. Since you are currently represented, your attorney should communicate with you about any matter relating to your case, including this one. If you find this answer of assistance, please mark it "helpful" or "best answer" to assist other AVVO users and contributors.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Marc G. Beginin
    2. Joshua Duane Jones
    3. Bart Charles Craytor
    4. Matthew S. Abdo
    4 lawyer answers

    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.

    8 lawyers agreed with this answer

  3. 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

    Answered over 1 year ago.

    1. Marc G. Beginin
    2. Edward Jacob Sternisha
    3. John F. Brennan
    4. Loren M. Dickstein
    5. Joshua Paul Rubin
    5 lawyer answers

    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...

    8 lawyers agreed with this answer

  4. What can filing a false police report (felony) be dropped down to, if anything?

    Answered almost 2 years ago.

    1. Marc G. Beginin
    2. Joshua Duane Jones
    3. Marc Eric Curtis
    4. Edward Jacob Sternisha
    5. Daniel P. Hilf
    6. ···
    6 lawyer answers

    Any charge can potentially be reduced, including from felonies to misdemeanors. Since you have a clean record, the goal would be to make the case go away like it never happened. But that depends on a multitude of factors, including the impact of any alleged false reports to the police, the nature of the falsehood, etc. You have a great interest in minimizing the impact of this matter and you should in invest in quality legal representation. More details are needed to provide a more meaningful...

    7 lawyers agreed with this answer

  5. I was charged with open intox but was not drinking. Is there any way to fight the charge?

    Answered almost 2 years ago.

    1. Marc G. Beginin
    2. Timothy J. Klisz
    3. Loren M. Dickstein
    4. Charles K. Kenyon Jr.
    5. Gary Francis Kennedy II
    5 lawyer answers

    To be charged with open intoxicants in a motor vehicle, which I assume is the actual charge, you need not have alcohol in your system, but rather just an open bottle of alcohol in your car. You were very smart to get the blood test due to your OWVI probation. That will come in handy if that court violates you. You need to both defend the current charge and be prepared to handle the prospective violation of probation. On that note, especially since your legal problems are compounded, you...

    Selected as best answer

  6. What do I do to keep this off of my "record?" IE: I can't have it show up when I am applying for jobs after graduate school.

    Answered almost 2 years ago.

    1. Marc G. Beginin
    2. David William Gross
    3. Eric Edward Rothstein
    4. Barry Franklin Poulson
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    Please wait for a New York attorney to chime in here, but nationwide (even if the police find you standing over the dead body with the murder weapon in your hand), you generally plead "not guilty" or "stand mute", whereas the judge will enter a plea of not guilty on your behalf. Thereby the process gets rolling and you can determine all your defenses and plea options. You really do not want this on your record. Hire an experienced New York criminal defense attorney as soon as possible.

    8 lawyers agreed with this answer

  7. When does an anonymous tip provide enough reasonable suspicion of criminal activity to temporarily detain a suspect in a Terry

    Answered almost 2 years ago.

    1. Marc G. Beginin
    2. William J. O'Connor
    3. Stephen A. Gustitis
    3 lawyer answers

    An officer who suspects that a driver is engaged in criminal activity may lack probable cause for an arrest, but it may be enough to engage in what is known as an “investigative stop”. For example, the police may have received a credible tip that a drug deal is about to occur, or someone is transporting contraband in a vehicle. Even if the officer lacks probable cause to arrest or search the motorist, the officer can stop and temporarily detain the motorist to investigate further if “there...

    7 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Marc G. Beginin
    2. Edward Jacob Sternisha
    3. Joshua Paul Rubin
    3 lawyer answers

    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/

    5 lawyers agreed with this answer

  9. I got a dui several years ago and did not finish my community service. I believe I now have a bench warrant.

    Answered almost 2 years ago.

    1. Marc G. Beginin
    2. Loren M. Dickstein
    3. Travis Reeds
    4. Scott Matthew Aaronson
    5. Gary A Kester
    5 lawyer answers

    The money won't make it go away. You will need to appear in front of the judge for both the arraignment on the bench warrant and for violation of probation, either of which may land you in jail. You are always better off with an attorney, and especially under your unique circumstances.

    5 lawyers agreed with this answer

  10. Is diversion possible in michigan for a 19 y/o operating

    Answered almost 2 years ago.

    1. Marc G. Beginin
    2. Edward Jacob Sternisha
    3. Ronald S. Pichlik
    3 lawyer answers

    Because it is illegal for those under the age of 21 to consume alcohol in Michigan, the State has enacted a tough Zero Tolerance law for underage drivers who operate a vehicle while intoxicated. Under this law, anyone under the age of 21 who has a blood alcohol content (BAC) of .02% to .07% can be arrested for an operating while intoxicated (OWI) Zero Tolerance offense. Drunk driving offenses in Michigan are generally never taken under any sort of advisement, deferment or diversion....

    5 lawyers agreed with this answer