Ronald J. Kaski’s Answers

Ronald J. Kaski

Port Huron Criminal Defense Attorney.

Contributor Level 8
  1. Probation violation on a misdemeanor drug possession charge

    Answered over 4 years ago.

    1. Loren M. Dickstein
    2. Ronald J. Kaski
    2 lawyer answers

    This is the type of fact scenario that could be resolved by holding a probation violation hearing. A probation violation hearing will give your son the opportunity to be questioned by counsel as to whether he knowingly violated the terms of his probation. Most courts place the duty upon the probationer to change his/her address when a move occurs. You understand there is no mechanism that allows a court to automatically know when a change of address happens. That said, a judge may look...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. I recently made a bad mistake with my friend, it was my birthday and we decided to be dumb and we took a foam deer practicing

    Answered almost 4 years ago.

    1. Ronald J. Kaski
    1 lawyer answer

    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....

    1 person marked this answer as helpful

  3. Felony probation problem, please help.

    Answered over 4 years ago.

    1. Ronald J. Kaski
    1 lawyer answer

    It is important for you to have an attorney for your MIP and probation violation hearing. If you have not yet been violated by your probation officer, your attorney may be able to contact the P.O. or the prosecutor to discuss your status and work on a solution together. There are many different options available to a probation officer, prosecutor and judge when you are facing this type of violation. You will need to be very clear with your attorney as to the nature of the MIP offense and...

    1 person marked this answer as helpful

  4. If a statement was made out of court and hearsay can a witness recant the statement?

    Answered almost 4 years ago.

    1. Timothy J. Klisz
    2. Ronald J. Kaski
    2 lawyer answers

    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.

  5. Can i be charged with b&e if i was 15 miles away from the b&e?

    Answered almost 4 years ago.

    1. Ronald J. Kaski
    2. Andrew Daniel Myers
    2 lawyer answers

    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...

  6. First offense 3rd degree retail fraud with merchanddise over $300. Felony or misdomener?

    Answered about 4 years ago.

    1. Jared Clayton Austin
    2. Ronald J. Kaski
    2 lawyer answers

    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.

  7. How long to be notified of a probation violation?

    Answered over 4 years ago.

    1. Ronald J. Kaski
    1 lawyer answer

    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.

  8. Can i avoid jail time for my warrents?

    Answered over 4 years ago.

    1. Ronald J. Kaski
    1 lawyer answer

    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...

  9. I received a misdemeanor ticket for an unregistered motor vehicle, do I need legal representation to fight.

    Answered over 4 years ago.

    1. Ronald J. Kaski
    1 lawyer answer

    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-...

  10. I'm on probation now for dui but recently just violated probation for getting caught drinking

    Answered over 4 years ago.

    1. Ronald J. Kaski
    2. Victor Wallace Carmody Jr.
    2 lawyer answers

    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...