In my criminal case a person made some incriminating statements to the cops. All hearsay and now they realize what they did. Can they when called to the stand not make them statmenets? Make different statements? What should they do?
There are over 30 specifically defined hearsay exceptions and exemptions under the Michigan Rules of Evidence. It takes a skilled attorney to be able to convince a knowledgeable judge as to why a statement may or may not be hearsay. Technical questions like this one are highly fact, case and judge-specific and should be addressed to your attorney.
Best of luck.See question
If i was not present and never entered in a building can i be charged with b&e? Or i guess the better question is can i be convicted of it?
The prosecution could be seeking to convict you on an aiding and abetting theory. If they can prove beyond a reasonable doubt at trial that you were actively aiding and abetting a crime, you could be convicted of the crime itself. That is the status of the law in Michigan.
I once had a defendant charged with Home Invasion. (This is all public information.) When he entered his plea, he included that he had driven his friends to the home, but stayed outside to act as a lookout while they went in. That act of aiding and abetting was enough.
I suggest that you contact a lawyer as soon as possible to discuss the facts in your case.
Best of luck.See question
target. cops were called that night we gave it back. i went over to his house and apologized and he told me he woul drop the charges but, my friend got charged. but i found out a few days ago im getting charged with larceny 200$ or more but less t...
You are charged with a one-year misdemeanor. Generally speaking, there are a couple of different options that you have in the criminal law process:
1) Plea Offers - The Prosecution will likely offer you a plea deal. In many counties across Michigan, the plea is generally to reduce the 1-year offense to a 93-day offense. If you have had no priors, you will likely do little to no jail time and potentially a term of probation. Depending on the judge, you could receive fines and costs. This will result in a misdemeanor record.
2) Trial - If you feel that you didn't do the crime for which you are charged, you could hold a trial. Based upon the facts you provided, that may be a tough sell. However, you should consult with an attorney to clarify the issues you've presented. By talking with an attorney, you will get a far better idea of potential trial issues.
3) Dismissal - In Michigan, prosecuting attorneys do not have to "drop the charges" at the request of a victim. Here is where you can't believe everything you see on TV. The prosecutor determines whether or not he/she can proceed with a case. Once charged, very little about the outcome of the case is left to the victim.
Two final things for you to consider: 1) You really should talk to an attorney. 2) Start saving money now. I always instruct clients that they can expect anywhere between $850 and $1500 at a minimum in fines and costs for a misdemeanor.
Best of luck.See question
Retail Fraud 3rd Degree is a 93-day misdemeanor in Michigan. I suggest that if you are facing this charge, you contact an attorney in your area. Your attorney will be able to inform you as to the likely penalties associated with a finding of guilt.
It is not uncommon for courts to order work program, community service or payment of fines as a penalty as opposed to jail. Please keep in mind, however, that jail time is not unheard of in these types of cases.See question
I am clean but my urine sample may have been too diluted due to an early morning workout and drinking too much water. If my probation officer were to violate me for this, how long would it be until I was notified of it?
There is no hard-and-fast rule mandating when a probation officer has to give you notice of a violation. If you are going to be subjected to a violation hearing, you will likely be provided with an arraignment date, depending on the jurisdiction.
If you fear your Probation Officer is going to violate you for dilute samples, you should discuss it with him/her. Your concerns may be abated by some simple explanation and discussion.See question
i have two misdeminor warrents that i havent delt with yet i really want to join the army but being from an army family i know i cant do this with my situation i been in school and doing good in my community and i have the people and paperwork to ...
Misdemeanor warrants could mean very different things. If you are facing two one-year misdemeanor charges, there is far greater likelihood that you will face some jail time for the underlying charges.
Additionally, understand that there may be charges that stem from the reason the warrants were issued. If, for example, your warrants were issued for your failure to appear in court, you could also be facing contempt of court charges. Contempt convictions carry with them discretionary penalties of up to 93-days consecutive to other sentences.
You should seek counsel. An attorney will likely be able to communicate with the prosecuting attorney to determine what penalties you are ultimately facing. Your attorney may also be able to work out a solution in advance of your appearance in court.See question
My license plate had expired tags when the police officer ran my plate it showed that my vehicle has never been registered. I bought car new 1 1/2 years ago, the state had no record of being registered. I received the plate and tags from dealersh...
In answer to your question, no, you do not HAVE to have legal representation before the court. However, I do suggest it, especially if you are trying to present a defense to what could be a wrongful charge.
Most prosecuting attorneys will listen to your story and will review any documentation that you present to them. It would be wise to bring all your information to court with you. The alternatives for the prosecutor are to 1) take the case to trial; 2) Offer you a plea to a lesser-charge or 3) dismiss the charges. Ultimately you do have the right to present this case before a jury. If the evidence demonstrates you were never in the wrong, it could resolve without a full trial - if you have the right prosecutor and the right attorney.See question
I got on probation on Dec. 16 2009 for a dui. I just recently got caught drinking and have a court date for wednesday to go in front of the judge. see what happen is my boyfriend and his brother got into a fight and someone called the cops, turns ...
It sounds like your court date will be either an arraignment for a probation violation or a probation violation hearing. At the time of your arraignment, you will be questioned about whether you plan on having an attorney. I suggest you retain one for this hearing.
Terms of probation differ greatly from person to person. That said, there is a likelihood that your probation includes something like "no use or possession of alcohol or any controlled substances." It may also include a term that mandates you disclose any police contact to your probation officer within a certain time frame. If it can be proven that you violated these terms, you will be penalized. Again, the type of penalty differs from judge to judge, county to county.
You may face jail time. In the worst case scenario, the judge could discharge you from probation and order you to complete the term of incarceration associated with the original charge.See question
i have been on felony probation for about a year now and i have complied and done everything i was required to do, i have never failed a PBT or a drug test but i just got a civil in fraction (disobey traffic signal) will this violate my probation?
Remember that often times, a probation officer would rather not violate you if he/she doesn't have to. If you have been adhering to the terms of your probation and haven't given them any other reasons to violate your probation, this won't likely trigger a violation.
Your probation probably doesn't contain a "don't receive any civil infractions" term, but more generally a term such as "report any police contact to your probation officer within 24 hours." Past clients of mine have been successful when they have readily and honestly admitted this type of contact.See question
i'm 18, just got my 1st MIP, first time i've ever been in any legal trouble at all. ive heard about a diversion program in michigan to help keep this off my record, i really don't want this to mess up my financial aid, i have a full ride and if i ...
Under Michigan Compiled Law 436.1703, judges are given the discretion to allow first-time MIP offenders to have a deferred disposition. One of the qualifiers is that indeed this must be a first-offense. Some judges hesitate to use this provision unless the attorney involved specifically asks for it. Many judges would rather simply fine the individual and send them out the door. Deferral will require your participation in a probationary period.
I suggest you discuss this matter with an attorney. If you can't afford one, you should apply for court-appointed counsel.See question