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
2 officers observed me perform dexterity sobriety texts, then 1 asked that I take the Breathilizer. I refused and was put in handcuffs. As 1 officer cuffed me, the observing officer proceeded to tell him it was the wrong thing to do (just thought...
The totality of errors may cast doubt on the officer's credibility. This should help at the implied consent hearing.
Here is some information regarding Michigan's Implied Consent laws:
If you refuse the chemical test, the police may obtain a search warrant for your blood (to determine your blood alcohol content and you are subject to criminal drunk driving charge(s).
Pursuant to Michigan’s Implied Consent Law, a person suspected of violating Michigan’s drinking and driving laws is required to take a chemical test to determine bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test.
When a person refuses the chemical test offered by a police officer, a notice of the refusal is provided to the Michigan Department of State by the law enforcement agency. The person that refused the chemical test must file a request for hearing within 14 days of the date of refusal. Failure to request a hearing will result in suspension of license for 1 year and 6 points will be placed upon the person’s driving record. If a hearing is held, the hearing officer will determine if the refusal to submit to a chemical test was reasonable. Upon losing the Implied Consent Hearing, suspension of license is for 1 year and 6 points will be placed upon the person’s driving record. This is a separate consequence from any penalties and license sanctions resulting from drinking and driving conviction. You are entitled to an attorney at this hearing. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license will be suspended for two years.
Appeal Decision of Driver License Appeal Division to Circuit Court: A person may file an appeal after an Implied Consent Hearing in the Circuit Court within the county where the drinking and driving offense occurred. An appeal can be based upon merits or hardship basis for a restricted license. A hardship appeal is not available for a second implied consent refusal.See question
my husband refused to care for my kids so I could get treatment for a drug problem and my bipolar he would force me to bring him prostitutes and alcohol if I wanted to get high I wanted to quit but needed help he refused to allow me to get help fo...
Most of the attorneys under this heading our criminal defense attorneys that represent those that are charged with the offense of domestic violence or other crimes, felonies or misdemeanors. You may wish to consult with a personal injury attorney regarding a lawsuit as you have described.See question
I was stopped at the door of my neighborhoods Kroger and told I was not allowed in there because I was allegedly seen shoplifting last Monday with a group of young men. This is impossible because I was at work then school all Monday. After express...
This sounds like a horrible misunderstanding. I agree with one of the other attorneys who stated that you should get documentation of your whereabouts just in case there is an inquiry. Sometimes in situations like this I would recommend that you just stay away from the store for a while until this problem blows over. You might have a claim for defamation of character should any false communications are made to third parties regarding these accusations. To be on the safe side, you may want to consult with a personal injury attorney that handles defamation of character cases.See question
here's been a couple people who keep breaking into my girlfriend and mine phone and Facebook accounts causing all kinds of trouble for us. They are constantly stalking.
Our firm is a criminal defense firm. As one attorney said, you can file a police report. This may constitute harassment pursuant to Michigan's stalking laws.
The stalking statute in Michigan is found at MCL 750.411h Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.
(1) As used in this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(d) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(e) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual's workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(f) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of a crime as follows:
(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.See question
This document says I can pay $900 or contest. The no brainer says I should contest. However, if I lose my OWI hearing, seems like I will also lose my car. I am very confident that I drank within the legal limit....but what if this...? what if t...
A recent article was written in the Detroit Free Press on February 22, 2015 regarding forfeitures of property in Michigan. Michigan gets a very low rating in the Detroit Free Press article as to how they handle forfeitures. Basically, the article points out that the process is abused.
As for as your situation is concerned, you have to make the ultimate decision whether to post a bond on the vehicle rather than settle for the $900 to get your vehicle back. The economics to hire an attorney to fight a forfeiture case are rarely in your favor. A good lawyer would advise you that attorney fees could far exceed what it would cost you to fight to get your vehicle back at this junction. In addition you need to calculate what your probable success rate will be in winning the underlying drunk driving offense.
Most firms are probably willing to discuss the forfeiture situation with you when you retain an attorney for the drunk driving matter. The Free Press article questions whether forfeitures are justifiable or legal shakedowns.
Good luck.See question
This police agency has done violations. I have gone to their top person and have not gotten feedback. I can not go to the atty general, michigan state police or any local police because they have no jurisdiction. This is a transit police agency...
I do not know the answer. However, this would be the time that you would want to hire a lawyer before you step on the toes of the police. If you are facing criminal charges, your attorney may advise you against filing a complaint against the police. I am just saying, don't do anything without getting legal advice. There have been many cases that we could have resolved but for our client taking a cause against the police public. There are other cases that we have rejected because the potential client has taken the role of a martyr.See question
We are going to court on Monday to testify against my ex, whom had been in court for 3 years trying to get her children out of state custody (one child is my daughter who I have always had custody of) this is tribal court, the children were remove...
I have found that text messages usually lack relevancy, are hearsay or are truncated messages that do not tell the whole story. However, your attorney can craft an argument to admit them especially to show motive or for impeachment purposes to discredit a witness.See question
My niece is 17yrs. She was caught stealing (boots for $150) taken to the police station, ticket a misdemeanor, and had to now appear back in front of the court in 10 days. What is going to happen? Will this always be on her record? Is she consider...
She may be eligible for HYTA. HYTA is available for youthful offenders that our age 17 but under age 21. When a youthful offender is given the special status, the judge withholds any adjudication of guilt. The offender is placed upon probation and the charge is dismissed upon compliance with probation. An attorney can ensure that your niece's case is handled properly. A judge is not required to give an offender this HYTA. Is discretionary by the court.Therefore please get the help of a lawyer to protect the rights of your niece.See question
A motion has already been filed to terminate the PPO. And a court hearing is set for later this month. Their isn't much evidence either way. more of her word vs mine. I feel this is a retaliation for her bf (the ex husband of my wife to be) gettin...
It sounds like you have done everything legally possible at this juncture. The courts are reluctant to dismiss a PPO merely because it is only based upon the allegations of one party. It is really unfortunate that when a PPO is issued, the party is labeled as a troublemaker. These horrible PPOs cause otherwise law abiding individuals with a multitude of problems. Once issued, others may believe the allegations to be true even though they are not. This could mean that an employer would be reluctant to hire someone that was a party to a PPO proceeding under the theory that he is a notice that a person has a disagreeable past. good luck with this matter.See question