He has a criminal past but has been law abiding for more than 10 years. No drugs or alcohol. He is the main income household. We have a 1 year old together and he has adopted my two older children
You absolutely need an attorney familiar with Troy / Metro Detroit area district court criminal matters.
Look for 10.0 rated AVVO attorney ASAP.See question
Probation for uttering and publishing
Keely is correct. The only thing I would add is that the place to check your record through the MSP is as follows:
Keep in mind if it does show up on ichat, even after you get it corrected at the MSP, it still may show up on private databases which employers use to run background checks. The best way to remove them is to send them notices to most of the large databases or find a good attorney with a list of them that can do it for you.See question
NOTE: THIS APPLIES TO MICHIGAN. I was convicted of a retail fraud case (felony) and finished my sentence which was incarceration for 90 days. I have not had any further legal issues since then. Can this be expunged? I've heard some prosecutors say...
You can expunge this 5 years from the date that you completed probation or incarceration as long as you have no more than 2 misdemeanor convictions on your record in your life. This type of expungement in Michigan is called setting aside a conviction.
Somethings to keep in mind:
1. Driving on suspended licenses are considered criminal convictions
2. Deferred Sentences, sentences successfully completed under 7411 and HYTA are considered convictions ONLY for purposes of this statute
You can read more at http://www.MichiganExpungementLawyer.comSee question
can they still charge me for drunk driving 2, and for refusal to blow but they took blood, they told my friends that they were releasing without bail, but now my license is suspended and my plate is taken. I was giving my rights or a tickett
Absolutely. In fact it is normal for blood draw cases for them to charge you much later, often times several months. There is only one lab for the state of Michigan which means that often times the lab is backed up. You shouldn't wait until you get charged to hire the attorney. Certain pieces of evidence, like dash cams need to be preserved ASAP. They may not be saved by the time you are charged. Dash cam footage is often your best defense and tool for finding police mistakes and exaggerations. If you refused the test, you need to request an administrative hearing to be heard on your license suspension issue as well. That needs to be requested ASAP!See question
have had three owi offenses in the state of grand rapids Michigan one in 1995 second in 2004 and my third 2015. what are my chances with a good attorney?
Your chances with a good attorney are significantly better than with a normal attorney or an attorney who is not familiar with OWI law. I don't have enough information to really answer this question. I'd need to know who your judge is, what your datamaster test results were, whether or not you completed any field sobriety tests (and how you performed), and the reason you got pulled over to begin with. National Highway Transportation Safety Administration (NHTSA) has developed specific protocol for OWI stops that many Michigan police departments follow (but are not required to).
Not blowing on PBT does give you a much better shot at winning on a probable cause motion as most officers do not give the Field Sobriety Tests correctly based on NHTSA. This is especially true if you can prove that the officer's were trained to use NHTSA methods. Keep in mind NHTSA uses 3 phases to determine whether there is probable cause for an arrest, and only the last phase is Field Sobriety Tests.
This means they could in theory win on probable cause even if you didn't submit to any FSTs.
As you probably know, third OWI in a lifetime is a felony. You need to get the best attorney you can afford!See question
My judge is Julie Nicholson. I know all three of these judges are tough. How tough is she ?
Very very tough! Most likely this offense will be considered much more serious than it would be in many other courts in Metro Detroit. I'd recommend hiring an attorney to assist you ASAP.See question
was involved in a traffic stop, i informed the officers i had my cpl, the officers made my friend blow in a breathelyzer, i was asked but refused due to the fact i was not drinking, upon refusal the cop told me he was taking me to jail and was go...
You absolutely need to hire a criminal defense attorney to assist you with this. With this fact pattern I think you have a lot of options and could get this case resolved favorably.
-Attny Scott AaronsonSee question
and if it is possible once the felony is lowered then can the remaining felony be expunged?
If it is a conviction, convincing a prosecutor to lower one would be extremely difficult. If it is still a pending charge, it may be possible. You are right to be concerned. As of early this year (2015), Michigan's expungement law now allows you to expunge a felony even with up to two misd.See question
“I was stopped for "familiar to dim" in Michigan. The police found a half-full bottle of vodka in my backseat. I took a BAC in which I blew .053 because I was drinking earlier that morning but had slept it off. They cited me a ticket for "open int...
In theory it is possible, however I believe that it would be very unlikely. A good attorney would take an added OWVI charge with this fact pattern to trial and could win. You should still get an attorney for the open intox. It is a criminal offense.See question
What does it include in an auto accedent
I'm not entirely sure what you are asking, but if you call any law office they should be able to help you. Many law offices like mine are open 24 hours a day, 7 days a week.See question