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J. Randall Secontine
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J. Secontine’s Answers

49 total


  • Is it possible to be on parole, and be on probation at the same time?

    A friend of mine is in county jail. He first was on probation for identity fraud. He violated probation when he caught a new case for B&E of a motor vehicle. He then did 4 months from prison to prison to finally 3 months boot camp. He was then rel...

    J.’s Answer

    The answer is YES, you can hold multiple dispositions (in jail, in prison, on probation, on parole, etc.) at the same time. In most scenarios, the most serious resolution will prevail (e.g., in prison). Any missed court dates due to court sanctioned placement should be easily explainable and ultimately excused by any reasonable Judge. Unfortunately for your friend, the bigger issue is their on-going criminal activity. Probation is considered a privilege when compared to incarceration. Your friend's stated history (regular violations) will be considered unacceptable by most Judges and a hefty jail or prison sentence should be expected. He should retain effective representation ASAP. A Judge that grants the privilege of probation will not tolerate willful &/or repeated violations of that privilege. When found, such non-compliance will routinely be met with swift and substantial punishment.
    Randy Secontine
    Flood Law, PLLC
    401 N. Main St
    Royal oak, MI
    Rsecontine@floodlaw.com
    248-547-1032
    www.floodlaw.com
    "Your case, Our cause"

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  • Will I go to jail?

    when I had my sentencing the judge told me to attend school regularly and seek employment well I had perfect attendance at school till my parents both went to jail I missed about 6 days of school but I moved out of my parents house and now live wi...

    J.’s Answer

    It is safe to say the Judge will be disappointed that you missed school and also are now unemployed. The ramifications of that disappointment will depend on the positives you bring to the table. The fact that you completed your community service requirement, required classes and court ordered jail time will be positive factors for your hoped for result of not imposing jail. Until you appear in Court, your "job" must be to "find a job". Go out each day and actively seek out employment and write down all steps taken and what prospective employers you made contact with. When you present the efforts to the Court, the Judge will appreciate all of your hard work and organization. The Judge may tolerate a bad economy, they will not tolerate a bad attitude.
    Good Luck!
    Randy Secontine

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  • I was charged with a misdemeanor

    Last year I had my cpl in michigan. I was charged with a misdemeanor its been a year and a half sice my cpl has been suspended can I pay a fine to get my cpl back please help me on this thanks.

    J.’s Answer

    Not likely. The county gun board suspended your CPL rights based on the initiation of the misdemeanor against you. That underlying charge will likely require your presence in court to resolve via a plea, a trial or a dismissal. Failure to appear will result in the issuance of a bench warrant for your arrest. The CPL can be reviewed and considered during the resolution of the misdemeanor. An effective lawyer will be able to walk you through the process and reinstate all rights in most scenarios. Ignoring the charge will likely lead to greater penalty on the misdemeanor and a lengthier CPL suspension. Good luck.
    Randy Secontine
    Flood Law, Royal Oak, Mi
    248-547-1032
    Rsecontine@floodlaw.com

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  • What would you say about a sentecing charge of 3rd habitual of domestic. How long is that person looking at?

    This person has a criminal background of drug history and is on parole for consealing motor vechile.

    J.’s Answer

    A supplemental Information, or Habitual, enhances a potential sentence for someone convicted of a crime based on the fact they have prior convictions (under your scenario, 2 priors). But the actual sentence will depend on 3 primary factors: 1) sentencing guidelines as determined by the sentencing judge, 2) the facts of the particular case for which the sentence is being imposed (was anyone injured? Was a weapon used? Other aggravating issues? 3) what the facts are surrounding the prior convictions? (Was the accused on probation/parole at the time the new offense was committed or were the priors from some time ago? The closer in time, the worse it is for the person being sentenced). A lot of preparation should be undertaken pre-sentencing so the client is put in the best position possible at the time of sentencing. Informing the sentencing judge about any positive factors of the accused is an essential responsibility of the Defendant's attorney. The best way of informing the judge is to submit a Sentencing Memo well before the sentencing date. Good luck,
    Randy Secontine
    248-547-1032
    Rsecontine@floodlaw.com
    Flood, Lanctot, Connor, Stablein PLLC
    Royal Oak, Mi
    "Your Case, Our Cause"

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  • Why is this not being thrown out of court

    I have a brother who is being held on a rape charge on his ex-wife .... They have had him held for 6 months now and every time they take him to court they have no physical evidence. Yet His ex wife stated that he had penitrated her at force ... W...

    J.’s Answer

    "Physical evidence" is not required to go forward on a prosecution for criminal sexual conduct (CSC). Though the police and prosecution would prefer to have corroborating evidence such as defensive wounds or DNA for the alleged perpetrator, it is not required. All they need is a complainant they have reason to believe is credible. Given the facts as presented, your brother has a statutory right to submit to a polygraph (lie detector) test. He should discuss that option thoroughly with his attorney. If he is not satisfied with his counsel, your brother should consider hiring new counsel. He has a right to ask questions and get answers in a timely fashion.
    Good luck,
    Randy Secontine
    248-547-032
    Flood, Lanctot, Connor, Stablein PLLC
    Royal Oak, MI 48067
    "Your Case, Our Cause"
    Rsecontine@floodlaw.com

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  • How much time for being with someone that committed a felony robbery without a weapon if you didn't know

    Background is just got off probation for minor in possession of alcohol

    J.’s Answer

    To be convicted of a crime you must possess a certain state of mind, or "mens rea". If you "did not know and did not participate in the crime you should not be charged or convicted. Naturally, law enforcement won't know what you were thinking or what you knew specifically, but they will base their analysis of your culpability on your actions or lack thereof. Should you be charged and should there be a conviction, any sentence to be imposed will depend upon the sentencing guidelines and how they are determined by the sentencing judge. Those guidelines, in summary, take two primary factors into consideration: 1) your personal background and criminal history, or lack thereof, and 2) the facts surrounding the crime for which there was a conviction. For example, if a gun was used, the expected sentence would be higher. If no gun was used the expected sentence would be lower. The same goes for any injury being inflicted. If a victim was hurt mentally or physically, the sentence would be increased. If not, that would be in your favor. You should search for a skilled criminal defense attorney immediately. The allegation you are discussing could be very serious. Please consider time to be of the essence.
    Randy Secontine
    DBusiness Top Lawyers
    Flood, Lanctot, Connor, Stablein PLLC
    Royal Oak Michigan
    "Your Case is Our Cause"
    248-547-1032
    rsecontine@floodlaw.com

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  • Do you get jail time for a first time offender if you are found guilty of simple assault?

    The prosecutor is trying to get probation, community service and NC/RO for all parties involved. The trial is set for next Friday.

    J.’s Answer

    The simple answer to your question is yes, you can get jail time for simple assault. But for your benefit a more in depth analysis is in order. When imposing a sentence, the Judge will look at numerous factors including, but not limited to: the impact/injury to the victim, Defendant's criminal history, the level of the Defendant's remorse (if any), the likelihood the Defendant will re-offend, the recommendation from the probation department. In preparation for sentencing, all defendants should provide a list of positives in their lives that their attorney can include in a Sentencing Memorandum that will be used to humanize the client. Things that should be considered for the list are: education achievements, work experience/success, family background, charitable involvement, community activity or anything else that would reflect positively on the client from the Court's perspective. Lastly, when fighting or assaultive behavior is at issue in a case, Judges will always be concerned about the risk of a repeat scenario in the future. You and your lawyer should consider all of the pros and cons of securing an anger management assessment from a qualified counselor. Good luck
    Randy Secontine

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  • Was charged with 5th degree theft but didnt steal anything

    I was shopping at wamart on 3/16/12 and didnt realize there were things in the bottom of my cart i did not see upon going through the checkout and gettibg ready to pay realized i could not find my wallet and began to panic asked the on duty police...

    J.’s Answer

    You should seek and find an experienced attorney to represent you. Anything you say or have said to store employees or law enforcement officers can and will be used against you. The lawyer will get and review all incident reports and discuss their ramifications with you. Your clean criminal history will be very beneficial for you during this process. Good luck
    Randy Secontine

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  • At my trial in michigan the prosecutor lied about my photos-saying the show genitalia

    They never did he just a liar! How can I rectify this? I do not want to go to MI-they tried to kill me 355 million is at stake(my damages for the min. value of my inventions I was invited there to manufacture.

    J.’s Answer

    Your question is missing quite a bit of important information and a detailed answer is impossible. Presuming however, a conviction resulted in your case and the "lie" played an important role in securing the conviction, you should have a substantial basis for a new trial on appeal. You should consider hiring a skilled appellate lawyer to review your case. Good luck,
    Randy Secontine

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  • What is my situation about the second crime?

    i commit the second crime about the thief-shop after 3 years ago, the first one i got the service community, and that the value is lees than 25 dollars

    J.’s Answer

    Your question is difficult to answer because crucial information is missing. However, you should be aware that potential penalty increases for repeat offenders. As a result, as a second offense, your potential penalty should now exceed that you would have if it was just a first offense. Judges are willing to provide an opportunity for rehabilitation... but they are much less so for those that they believe didn't learn the first time. Good luck,
    Randy Secontine

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