My friend had took some lug nuts off a car and was finna leave but cops showed up. He has no bad recorded, first offense. Will he serve any time
There are numerous variables that need to be known before someone can give you a thorough answer. First of all he is likely to be charged with a felony. Even though the maximum penalty is five years, that does not necessarily mean that he is going to jail. An attorney can fight to reduce the charge, possibly to a misdemeanor, or seek HYTA status if he eligible. It would be wise to consult with an attorney as soon as possible. We have found that these cases can be manageable.See question
I refused to take a breath test. I was given a piece of paper by the secretary of state but I did not send it in in time to get a hearing on my refusal. My court appointed attorney did a great job on my criminal charges, but was appointed late a...
Michigan law requires that you take the chemical test offered by law-enforcement officers when accused of operating while intoxicated or impaired. If you fail to appear at the administrative hearing regarding the issue of refusing the chemical test or if you lose after attending the hearing, a one-year license suspension is imposed. The prosecutor has no authority to give you a license. Your only recourse is to appeal the suspension at the Circuit Court located within the county where the offense occurred. You can appeal the case based upon hardship. Hardship means that you need a license for necessities such as employment or education and that there is no other transportation available to fulfill your needs. You need to consult with an attorney regarding these legal matters. I hope this helps to answer some of your questions.See question
My husband was deported last June on petty charges he had that violated his waiver we got some of the charges dropped but have no idea about the rest of them due to the attorney not responding the charges were supposed to be dropped so we could st...
I am so sorry to hear about your problem. I think you should start out by looking for an immigration attorney. I do not see where you have mentioned anything that pertains to criminal defense.See question
third dui was .19. only received 15 days for 2nd
The absolute minimum time if you are convicted for OWI 3rd is 30 days with community service. The 30 days winds up being about 24 because of credit for the day of the arrest and 5 days good time.See question
Okay so my friends and I decied to skip a school assembly, we were going to go back after. So we were walking and then we see a cop. We tried walking the opposite way but she came up to us. So she asked us all of our names and then she searched us...
First of all, you need to discuss this with your parents.
You did not mention your age. If you are 16 or under, the cases will be pursued as juvenile delinquency cases. As a first offense, your attorney can advocate for consent calendar which would entitle you to a dismissal after a period of time. You could also be placed on supervised home placement. In extreme cases, a juvenile can be placed in the youth home.
At age 17 or older, you are treated as an adult for criminal offenses. These matters would qualify as misdemeanors which are eligible for HYTA. The possession of marihuana offense is eligible for MCL 333.7411. Both HYTA and 7411 mean that the offenses can be dismissed after a period of probation.
HYTA applies to offenders between age 17 but under age 21. Current legislation is on the table in Lansing to increase the age to 24; but it has not been passed yet.
7411 is available for first offenders (any age) charged with illegal possession or use of drugs.See question
My license was suspended for a seatbelt ticket that went unpaid years ago it was my very first ticket I was 18 and since then I've accumulated multiple driving on suspendeds paid all my tickets and are unable to pay all the massive fees and penal...
You should hire a lawyer for this matter.See question
I was arrested in July of 2012 for drunk driving over .08 BAC. Through the court process I plead the charge down to impaired driving under .08 BAC (OUIL in MI). I did not serve any probation. I met the court's terms by taking two classes and pa...
Bad news here. A drinking and driving is an offense which makes you "criminally inadmissible" to enter Canada. However, Canada does have a process to request admissibility for work. I would recommend that your explore the Canadian Immigration website and contact a lawyer in Canada to file your case.See question
I have already served one week of probation and it is so costly that I am thinking that asking for jail time would be cheaper - but only if I would not have to be required to go to counseling, probation meetings, and testing after I am released.
The maximum jail time and that can be imposed for a first offense operating while intoxicated is 93 days. If you serve the 93 days in jail, the maximum sentence, then the court would not be able to require you to be on probation. You are certainly free to ask the court to give you jail time instead of probation. However, no attorney is likely to be a party to this course of action. It goes against the basic principles of criminal defense work which is to keep people out of jail. You may want to consult with an attorney to file a motion to modify your probation if you are unable to comply with the terms of probation. Please give this matter careful consideration.See question
She was arrested while defending herself with open hand slap when assaulted by ex-boyfriend who was not injured and not arrested. Suffering with severe depression and anxiety and loss of job. Trying to return to family in Michigan asap. would they...
Domestic assault in the 4th° is a misdemeanor in the state of Washington. It is very unlikely that the state of Washington would extradite her for a misdemeanor. Extradition's are very expensive and are usually not pursued in situations involving misdemeanors. Nonetheless, a person with a warrant in another state is subject to extradition. However, a warrant would remain pending against her which could cause her difficulties with employment opportunities and otherwise. I would never recommend that anybody avoid a criminal case because it will surface and haunt the person at some point in time.See question
My sister was found guilty of armed robbery. The prosecutor had a witness who testified she admitted to being involved in the crime. The witness testified during the preliminary hearing. Then during the trial the witness pleaded the Fifth amendmen...
This is admissible as prior recorded testimony. It could also be admissible for impeachment purposes or in the grounds of relevancy. The defense attorney might have objected to the admission of the transcript on hearsay grounds because a transcript is a prior statement which is not subject to cross examination.See question