The plantiff submitted a receipt for an $800.00 tablet not the item she broke,her lawyer wants another $1000.00 after paying him $1500.00 to go to a restitution hearing, what should she do? Does she even need a lawyer?
I agree with fellow AVVO attorneys Howell and Villar. Sometimes, the legal fees and economics of a case are disconnected to the extent that you are better using the money to settle the issue of restitution.
Michigan's restitution statute is harsh. In my opinion the issue of restitution should be a matter for the civil courts. I have written a blog on this matter and feel that the scales are weighed heavily against a defendant in a restitution hearing after a plea or finding of guilt.
Restitution is commonly addressed at the time of sentencing. In my opinion, it is a flawed process because at the same time that the defendant is asking for a lenient sentence; the victim is asking for compensation. Whenever money is involved, most defendants that have the wherewithal will pay, even when the sum claimed is exaggerated. Restitution is rarely questioned by the prosecutor or judge assigned to the case. I have seen more than my fair share of abusive restitution claims where a victim is allowed to profit at the expense of a defendant.See question
I shot a rodent in my yard with a hand gun, the police department came out to a complaint of gun shots. The officer told me that I had to give up the fire arm because I shot it in my yard and a neighbor complained. Is that a fact of law, if so w...
AVVO Attorneys Cronkright and Dickson have given excellent answers.See question
It is my understanding that the recent Jan 2015 change in Michigan law extends the expungement time clock so that it begins after probation rather than after sentencing. I was sentenced to 1 year probation in July 2014 for a misdemeanor, and wond...
The new rules of Michigan Expungements:
Rule 1, Only 1 felony or 2 misdemeanors may be expunged:
• Felony Expungement: A person who is convicted of not more than 1 felony and not more than 2 misdemeanors may petition to set aside the felony, or,
• Misdemeanor Expungement: A person who is convicted of not more than 2 misdemeanors and no other felony or misdemeanor offenses may petition to have the have 1 or both misdemeanors set aside.
Rule 2, Extensive criminal record may preclude expungement: A person convicted of more than 1 felony, or more than 2 misdemeanors, is not eligible for expungement of anything. For this purpose, offenses that have been dismissed pursuant to a deferred sentence, MCL771.1, MCL 333.7411, MCL 769.4a or HYTA shall be counted as misdemeanors in determining whether a person is eligible for expungement.
Rule 3, Five year waiting period: An application to set aside a conviction shall only be filed 5 years or more after sentence, completion of probation, discharge from parole or completion of imprisonment; whichever occurs last. The maximum period of probation for a misdemeanor is 2 years and 5 years for a felony. Therefore, a person would have to wait 10 years to file for an expungement of an eligible offense after completing 5 years of probation for a felony.
Rule 4, Ineligible Expungement Offenses: The following offenses are not eligible for expungement:
• Felony, or attempted felony, with the maximum penalty of life imprisonment.
• Conviction or attempted convicted of a criminal sexual conduct offense. There is an exception for CSC 4th Degree which occurred before 1/12/2015 and the offender does not have more than 2 minor misdemeanor convictions. A minor misdemeanor is an offense that does not exceed 90 days in jail and must have been committed before the offender was 21 years old.
• A felony for domestic violence if the person has a previous conviction for domestic violence.
• Traffic offenses or drunk driving.
What is the Effect of an Expungement?
The final phase of an expungement proceeding occurs when the Judge enters an Order to Set Aside a Conviction. The Order to Set Aside the Conviction is processed by the Court and submitted to the Michigan State Police for entry. Once entered, the conviction by the Court, State Police and other government agencies is sealed and the all information pertaining the criminal case becomes a non-public record; except for police agencies and other entities that are authorized to obtain such records. (see the link below for an on-line source to obtain more detailed information about non-public records). In addition, the person who is granted an expungement may treat the offense as though it did not occur and is no longer required to disclose the conviction on applications or otherwise. However, there is a grey area when an application asks about details with respect to criminal offenses that have been expunged or dismissed. In these situations, we recommend that the person consult with an attorney.See question
incident was march 9, 2015, I had a suspended license. I also crashed my vehicle. I was detained for 72 hours then released with my license and a temporary driving permit.
Your case is not that old. As other attorneys have said, there is a 6 year statute of limitation period for drunk driving cases in Michigan. However, we have filed for dismissal if there is an undue delay in prosecution in less than 6 years. In requesting a dismissal for delayed prosecution, a defendant has to show that the delay caused some prejudice to putting forth a defense. Prejudice can mean that one or more witnesses is not available after a lapse in time. We have succeeded in motions to dismiss when the case is not prosecuted for at least 2 years though.See question
3 years ago I was issued a loud noise violation and I managed to get it dismissed with 15 hours community service. 2 years ago I was issued an open intoxicant container local ordinance misdemeanor, on the street not in a motor vehicle to clarify, ...
It is doubtful that these matters will appear on your criminal history with the Michigan State Police. If you were arrested for these matters, then you might have a public record of the arrest. However, the nature of these offenses, ordinance violations, are usually not abstracted. You should pay the fee to check your record on ICHAT.See question
I have NEVER been in trouble, this is my first case, I gave away clothes at a store I worked at for low prices, my amount came up to $365. I got a warrant out for my arrest, never got a court date or anything what should I do? What's going to happ...
Usually if it's a first offense the case can be managed by a qualified criminal defense lawyer. Important aspect of embezzlement cases requires compensation, also known as legal restitution, to the victim. Thank you for using AVVO.See question
He used my card for less then 50$ and was wondering what will happen if I go to police? He's been in a lot of trouble and I don't wanna cause anymore but he won't pay it back
He can be charged with credit card fraud which is known in Michigan as unlawful use of FTD (financial transaction device). All FTD offenses are felonies which can carry up to 4 years in prison.See question
Is the schedule for a court arraignment available online for the public to view? Meaning can we look online to see the date & time & who the judge will be for a court arraignment for an individual?
I do not know The county where your case is pending. Most counties, such as Macomb Oakland and St. Clair have websites which allow you to look up a case. Try to do a Internet search for the court where the case is pending. If the court has a website then look for props for case look up our case search.See question
I don't drink and have no other violations. I know about 200+ friends family and co-workers that would come to my defense that I don't drink. How do I make sure that this mistake doesn't happen to the people that are trying to make a change and g...
I am seeing more and more equipment failures these days which resulted in major interlock violations as you have stated. The drivers license appeal division takes these matter seriously and reinstates your revocation or will extend your period of restrictions when these situations occur. The process to get a license restored is quite oppressive: unfortunately there is nowhere else to go. Please try to get through this difficult time and like thousands of other people, you will eventually get a full restoration of your license. Good luck and hang in thereSee question
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