James S. Lawrence’s Answers

James S. Lawrence

Southfield Appeals Lawyer.

Contributor Level 15
  1. My wife's car was taking a left turn simultaneously with a large truck. Her vehicle was on the inside lane of the turn when hit.

    Answered 2 months ago.

    1. James S. Lawrence
    2. Timothy J. Klisz
    3. Jeffrey A. Bussell
    4. Richard Todd Rosenstein
    5. Richard M. Sands Jr.
    6. ···
    9 lawyer answers

    I do believe you are entitled to the money, however, with the amount of $500 it is not worth hiring a lawyer for. Try to get the police to issue a supplemental report that you are not to blame. Otherwise, make a written presentation to the insurance company, and if they still refuse to pay, you can report them to the insurance commissioner. You also can sue by yourself in district court. You probably cannot use the small claims division of district court because a corporation (like the...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can the judge apply your bond money to fines instead of giving you time?

    Answered 8 months ago.

    1. James S. Lawrence
    2. Jared Clayton Austin
    3. David B. Carter Jr.
    4. Christopher Daniel Leroi
    5. Robert E. Harris Jr.
    6. ···
    6 lawyer answers

    The judge can impose jail, and/or probation, and/or fines and costs. If the judge imposes fines and costs, in most cases the bond money would be seized for that purpose. If the bond money exceeded what was owed there would be a refund. If the amount owed was larger than the bond, there would remain a balance that would need to be paid. Please note, however, that bond money cannot be applied to any fines or court costs until every case covered by the bond is completely resolved. In other...

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  3. Anyone know a case law or similar case where victim accused someone of unarmed robbery and then changed statement on stand lied*

    Answered 10 months ago.

    1. James S. Lawrence
    2. Jamil Kamel Khuja
    3. Daniel Nelson Deasy
    4. David B. Carter Jr.
    5. James Regan
    5 lawyer answers

    Case law in Michigan says that even if a witness has told differing stories in the past, the jury has the right to believe or disbelieve all or any part of a witness's testimony. However, at a trial, the change of stories would be important for the defense to present to the jury, to cause them to think they cannot rely on the testimony of that witness beyond a reasonable doubt. Also, at trial and on appeal, the defendant could raise the issue that the testimony given, that the witness did not...

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  4. When is an attorney going to find the Adam Walsh Act,sex offender registration, in Michigan punitive?

    Answered about 1 year ago.

    1. James S. Lawrence
    2. Ezra N. Goldman
    3. Rixon Charles Rafter III
    4. David B. Carter Jr.
    4 lawyer answers

    Attorneys and the ACLU do not decide on the legality of statutes, judges do. The courts so far have ruled that sex offender registration is to protect public safety by giving warning to those coming into contact with the ex-offender, and is not punishment. However, even if it is punishment, if the law was on the book at the time of the crime, then it is not an ex post facto law (law that applies retroactively). A challenge could be made to SO registration, but the lawyer would want to be...

    7 lawyers agreed with this answer

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  5. Is it legal for a school cop to go through your car at school if it is un locked with out a search warrant.

    Answered over 1 year ago.

    1. James S. Lawrence
    2. James M Henderson Sr.
    3. Judy A. Goldstein
    4. Louis Joseph Meyer
    5. William A. Jones Jr.
    5 lawyer answers

    The 4th Amendment protects against unreasonable searches and seizures. Normally, an officer could not enter and search a car that is legally parked without a warrant. However, there are some exceptions to the warrant requirement. For example, if he could see illegal items inside the car through the windows, that might justify a warrantless search. Also, the rule of "exigent circumstances" often will validate a search without warrant. For example, noticing that the car was unlocked, he...

    9 lawyers agreed with this answer

  6. In NJ what happens if the police destroyed the dash board video and audio tapes and you file a motion of spoilage

    Answered over 2 years ago.

    1. Eric M. Mark
    2. James Alexander Abate
    3. George K. Mazmanian
    4. James S. Lawrence
    5. Thomas Carroll Blauvelt
    5 lawyer answers

    The police can turn over only that which they have. Frequently they will have one of their own "experts" declare that the video never was properly recorded in the first place, therefore, there is nothing to turn over. Your lawyer can request that the judge allow a defense expert to have access to the recording equipment and system to determine if the police version is correct, or whether there has been tampering, deliberate erasure, the recording is still there, etc. The state denies due...

    9 lawyers agreed with this answer

  7. Daughter turned 17, two weeks ago. Argument with her 18 yea-old BF. neighbor called police. when they arrived daughter in tears

    Answered 8 days ago.

    1. James S. Lawrence
    2. Stacey M. Washington
    3. Robert J. Baker
    4. Becket J. Jones
    5. Jared Clayton Austin
    5 lawyer answers

    This has a potential to turn out very well, or very badly, or anywhere in between. I recommend hiring experienced criminal defense counsel as soon as possible, to help ensure her a bright future. She should keep her mouth shut except to the attorney, then follow his advice about whether and when to make statements. Good luck.

    7 lawyers agreed with this answer

  8. 257.6257A1 OPERAT-WHILE INTOXICATED-OCCUPANT UND 16 (MISDEMEANOR) 750.81D1 POLICE OFFICER-ASSLT/RESIST/OBSTRUCTING (FELONY)

    Answered 11 days ago.

    1. James S. Lawrence
    2. John F. Brennan
    3. Cy M. Abdo
    3 lawyer answers

    Whether a motion to dismiss will succeed or not depends on the merits of the motion, not the judge's assessment of the character of the defendant. In other words, the judge judges the evidence and the law, not whether he likes the defendant. In many cases the prosecutor will offer a plea bargain deal, but the odds that the deal offered will involve a full dismissal of all charges are not wonderful. You might want to see if he can get a "plea under advisement" that calls for dismissing the...

    7 lawyers agreed with this answer

  9. What kind of action would most likely be taken on this kind of "probation violation"?

    Answered 8 months ago.

    1. Frank B. Ford
    2. Jan Jeffrey Rubinstein
    3. Loren M. Dickstein
    4. James S. Lawrence
    5. David B. Carter Jr.
    6. ···
    6 lawyer answers

    If he already got some jail at the start, and various other harsh conditions, and is now found guilty of this charged violation, he can probably expect a severe sentence. Right now, he is only charged. Assuming he does not plead guilty, he has the right to a hearing, at which guilt or innocence of the violation is decided by the judge, without a jury. He needs experienced counsel capable of challenging the alleged scientific basis for the violation. The best defense probably would involve...

    7 lawyers agreed with this answer

  10. Why is it i have to take sex offender classes but i fall under the romeo and juliet petition?

    Answered 9 months ago.

    1. James S. Lawrence
    2. David B. Carter Jr.
    3. Francis M Smith
    3 lawyer answers

    If the judge imposes a sentence of probation, the judge may impose reasonable conditions on the probationer. If the judge sentences to prison, the parole board or department of corrections may impose reasonable conditions for a parolee. This is usually held to authorize requiring a defendant to get psychological counseling. While you can argue it is unreasonable to have you take counseling, I would not expect that position to win, but you can always try. The amount of money you paid a...

    7 lawyers agreed with this answer

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