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Daniel A. Damman
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Daniel Damman’s Answers

10 total

  • I got caught stealing $300 dollars from jc penny and i have to appear for a court date. What could happen to me?

    Im 17, have a clean record and was compliant to their requests. I was taken to the police station and finger printed. The police officer that arrested me wasn't very sure of what the outcome of my situation could be, so can i get some advice?

    Daniel’s Answer

    I agree with my colleagues to a large extent, but would caution that HYTA is not automatic. Although it may be routine in a circumstance such as yours, ensure your attorney is having the conversation regarding HYTA with the prosecutor prior to pleading and makes a record that you will be seeking HYTA at the time of the plea. This way no one is in the dark you should not have any surprises. I would strongly advise you to retain counsel though. If this issue is not handled properly, the outcome can haunt you for at least the foreseeable future and maybe longer. Good luck.

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  • Minor in possession of alcohol, and marijuana less than 1 gram. This is 1st offense with clean record. What is likely penalty?

    My daughter had recently been arrested for Minor in Possession of alcohol, along with possession of marijuana less than 1 gram. She is a full time student, and this is her first (and last) offense. This happened at a party at Central Michigan Univ...

    Daniel’s Answer

    First, retaining an attorney is absolutely necessary in this situation. That having been said your daughter will have some good options available to her to keep these charges off of her criminal record in the long run. There are diversionary adjudications available for both of these charges such that upon successful completion of probation, the charges will be dismissed. Her attorney should be able to navigate these waters with her assuming nothing unforeseen from the prosecution. Get an attorney, it will be very worth the cost of your daughter walks out of this with a clean record.

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  • Brother's being accused of CSC. What are his options? Does he stand a chance?

    My brother is being accused of CSC after telling his roommates that he's moving out. I know he didn't do it and so do most of there family. I was told that no evidence was needed to charge him with CSC. Is this true. How can he fight against somet...

    Daniel’s Answer

    If the prosecutor is charging your brother, then the prosecutor believes that there is evidence against him. That having been said, if he is charged, he cannot fight the charges alone. I would advise him to make no statements, at the very least, make no statements until he has retained an attorney and listened to that attorney's advice. What your brother does and frankly, does not do, is crucial to his defense. Your brother should consult a few attorneys to ensure that he is comfortable with his ultimate choice. His attorney will receive discovery that discloses the evidence being used against him. Your brother needs a seasoned trial attorney to review that discovery and discuss it with your brother to begin to build the defense to the case. These are very complex cases and will require an individual with experience handling the same. Take this matter seriously until you know that it is not.

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  • A 17 year old is on probation & has to pay fines. As long as they are paid does it matter who pays them

    the probation officer is threatening to violate because the mother is paying the fines not the 17 year old

    Daniel’s Answer

    I agree with the answers previously given on this topic with one caveat. Ensure that the Judge did not order the probationer to be held responsible for the costs as adjudicated as a term of the probation itself. If not, it should not matter who pays them as long as they are paid.

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  • I failed my drug test and my p.o. said I could sign a diversion paper, what is it?

    I'm on probations for an owvi, I have 5 months left and this is the first drug test I failed the line was hardly there, she was very nice and didn't seem mad at all, she then said I could sign a diversion paper so I wouldn't violate.

    Daniel’s Answer

    Is this in the 72nd District Court in Marine City? If so what may be happening is your probation officer is giving you an option other than a probation violation for a failed drug test. Discuss with her the parameters of the diversion so you are aware of what the consequences re if you do, but usually they are less severe than the repercussions of a probation violation. I do a lot of work out of the 72nd District Court. Feel free to contact me with further questions.

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  • What am I really looking at?

    I went to court for Possession of Marijuana and plead under 7411, the judge told me to go set everything up at the Probation Department, and they set up a court ordered $150.00 Substance Abuse Evaluation at the Public Health System on March 10th. ...

    Daniel’s Answer

    When answering this question, I am going to assume that what you are saying is that you used marijuana AGAIN after the date of the offense for which you accepted a 7411 plea. Honesty is always the best policy when you are pleading guilty. The Judge obviously knows that you use Marijuana. Step 1, quit using marijuana unless you hold a medical marijuana card, and even then the Judge may not allow it on probation, but that is a much longer conversation. If the Judge asked you at the time of your plea if you would be positive and you told the judge you wouldn't, you may have some issues at sentencing. Other than the scenario just mentioned, your levels will generally be used as a baseline for probation.

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  • I have a 25.00 misdemeanor in 1972. I have a nolo contender misdemeanor in 1995. I have a felony for larceny over 100, probation

    In 1997. A misdemeanor in 2005. Under the new Michigan expungement law am I down drain because of the three measdameanors

    Daniel’s Answer

    Earlier this year the "expungement" statute (MCL 780.621) was amended as follows in pertinent part:

    (a) A person who is convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses may petition the convicting court to set aside the felony offense.

    (b) Except as provided in subdivision (c), a person who is convicted of not more than 2 misdemeanor offenses and no other felony or misdemeanor offenses may petition the convicting court or the convicting courts to set aside 1 or both of the misdemeanor convictions.

    "Nolo Contendre" does not mean that the conviction was dismissed, it just means that the charges were not contested, but it enters the same as a guilty plea unless it was adjudicated under a provision of the law that allows a dismissal after probation. That having been said, I think a little more information is necessary to actually evaluate your specific eligibility to have one or more of your convictions set aside. Should you wish to consult I can be reached at (810) 982-8333.

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  • I was wondering if a plaintiff's attorney for a court appearance cost money?

    I have a notice to appear for court. On my letter it gives me a plaintiff's Attorney's name and number. I'm being charged with possession

    Daniel’s Answer

    If you are being charged with Possession then you are the Defendant in the matter. The Plaintiff's attorney will be the County Prosecutor. If this is your first charge of possession, then you may be eligible for a diversionary sentence under 7411. It is imperative that you get representation, meaning your own attorney of this matter as soon as possible. It may be difference between having a criminal record and not having a criminal record.

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  • I'm on felony probation, I recently went to jail for a domestic violence charge and possession of marijuana.

    I am on felony probation, case is being closed in two months, and not going on record. its non-reporting probation, 5 hours away from where i live now. I just got out of jail for a domestic violence charge and possession on marijuana, my neighbor...

    Daniel’s Answer

    Not every situation will require the assistance of an attorney, but your current situation definitely does. You really have a lot at stake here as any new charge could not only violate your probation and have the felony conviction become part of your criminal record (it appears that you are on HYTA, 7411, or 771.1 probation), but you could also incur new charges on your record that could have devastating effects on your driver's license, criminal record and even your very freedom. You should consult an attorney immediately as it appears that your situation may be one of defense rather than mitigation of exposure to the criminal process. Hire an attorney that, if the facts are right, would represent you well at a trial if it goes that far. Not all attorneys are created equal, so meet with a few before you decide. Good luck.

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  • Can I be charged with "operating with any presence of drugs" immediately withouth the blood results?

    I was pulled over for suspicion of DUI, I blew zeros on the pbt so they took me to get my blood drawn. I was not under the influence of any drugs, I had slept 6 hours within the last four days and also working construction 12 hours a day so I was ...

    Daniel’s Answer

    You can be charged, however, when the blood draw results are returned from the Michigan State Police Forensic Laboratory that indicate that there is no presence of drugs, the Prosecuting Attorney's office should dismiss or "Nolle Pros" the your case. If your blood draw results are returned from the lab and indicate that there is no presence of a controlled substance and the Prosecuting Attorney's office noes not dismiss, you should seek an attorney to file a motion to dismiss your case. Best of luck.

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