Paul J. Stablein’s Answers

Paul J. Stablein

Bloomfield Hills Criminal Defense Attorney.

Contributor Level 8
  1. Illegel search of my home

    Answered about 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    Generally, police cannot enter someone's home and search it without a search warrant supported by probable cause to believe that evidence of a crime will be found in the stated place. Exceptions do exist, however. One of those would be the exigent circumstances exception. Exigent circumstances exist when the officers reasonably conclude that entering a home is necessary to protect the public or to prevent the destruction of evidence while a search warrant is being obtained. A classic...

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  2. False Police Report

    Answered about 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    One of the things we need to know is how old your son is. Anyone in the State of Michigan who commits their first offense before reaching the age of 21, is normally entitled to have their conviction taken under advisement by the court under the Holmes Youthful Trainee Act. It sounds like he is charged with a felony, because of the fact he made a false report of a felony. He will be entitled to a preliminary examination in the district court in Brighton. If the district court judge finds,...

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  3. Marijauna use charge legitament?

    Answered almost 6 years ago.

    1. Paul J. Stablein
    2. John M. Kaman
    2 lawyer answers

    Simply because the owner/operator of a motor vehicle consents to the search of his automobile, the officer is not then authorized to search the person of a passenger, unless there are other facts which would justify the officer in searching you. Did he ask your permission first? Did the officer find the pipe in area that was arguably within your control or within your reach as you were the passenger in the car? If so, these facts would probably justify the officer's search of your pockets....

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  4. Miranda Rights

    Answered almost 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    Miranda v Arizona, a United States Supreme Court case, was the first decision to hold that if a defendant is interrogated following his arrest, any statements that are taken from him may not be used as evidence against him in any trial of the matter unless the interrogators first advise the defendant that he has certain rights, now referred to as Miranda rights. Therefore, if a defendant is in custody, is asked questions that are desigend to elicit an incriminating response and is not first...

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  5. Negligent Homicide penalty and reduced probation,

    Answered about 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    Unfortunately, your options at this point are extremely limited. Following your conviction, you had an automatic right to appeal your conviction within 42 days of the date of your sentence. It appears that that time has passed. In addition, you could have filed a delayed application for leave to appeal within the first year following your conviction, but it appears that time limit has passed, as well. However, the Michigan Court Rules do provide for one opportunity to attack your...

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  6. Minnesota criminal procedure for police obtaining a search warrant

    Answered about 6 years ago.

    1. Paul J. Stablein
    2. Scott J. Brogan
    3. Phillip Darrell Kimbrell
    3 lawyer answers

    The short answer to your question is, "No." In order for the police to obtain a search warrant, the police have to be able to establish, by way of an affidavit presented to a judge or magistrate, that there is probable cause, not just a reasonable suspicion, that evidence of a crime is currently on the premises they want to search. Simply searching a home because a resident has a DWLS conviction does not sound appropriate. Your question also raises the question as to whether the officers...

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  7. My 19 year old college student was arrested for ouil in michigan and was denied an attorney at arraignment.He is 19 and indigent

    Answered almost 6 years ago.

    1. Paul J. Stablein
    2. John Freeman
    3. Scott J. Brogan
    3 lawyer answers

    I don't know anything about the judge that denied your son's request for a court appointed attorney, but the law states that the State must appoint an attorney for indigent defendants. However, this rule only applies to defendants who may suffer jail time if convicted. It is likely thatt he judge has already decided that he will not jail your son if he pleads guilty. Assuming that this is his first offense, the prosecutor will probably offer him a plea to a reduced charge of Operating While...

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  8. I missed a court date in one state but live in another

    Answered almost 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    Most likely, a warrant will be issued for your arrest in Alabama. The warrant will be entered within a couple of weeks into the computer system and probably sit until you get pulled over or in some other way come into contact with police. They will discover the warrant, and detain you while they contact Alabama authorities to see if Alabama will travel to Michigan to come and get you and return you to Alabama for arraignment on the outstanding warrant. If Alabama does not come to get you...

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  9. Searches

    Answered almost 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    I would say that the short answer is, "No, unless the police have some reason to keep searching." That doesn't answer your question, I know, but we need to know more facts. Generally, police may search a vehicle without a search warrant under a number of judicially recognized scenarios. I'll list a few of the most common, but all of them assume first that you were stopped for a valid reason: Probable Cause: If the police have probable cause to believe that evidence of a crime will be...

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  10. Criminal Offense.

    Answered almost 6 years ago.

    1. Paul J. Stablein
    1 lawyer answer

    Because your cousin was convicted 18 years ago, he clearly has no right to appeal his conviction in the Michigan courts. However, under MCR 6.500, et seq., he would be allowed one opportunity to file a motion in the trial court if some issue exists that would entitle him to a new trial, and the issue was one that he did not already present to the Court of Appeals (or could have presented). Your question indicates your cousin was convicted of murder, but does not indicate the degree. I am...

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