Paul J. Stablein's Answers

Marijauna use charge legitament?

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

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

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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Searches

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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Criminal Offense.

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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Can I reverse a charge, if the defendant comes forward and confesses they were lying?

If your plea was taken fairly recently, you do have the option to file a motion to withdraw your plea if you can convince the trial court that your plea was involuntarily given or that it was taken in violation of the rules. I would need to see the transcript of your plea. I have had some success in getting pleas set aside that were not properly taken pursuant to the Michigan Court Rules. Get a copy of your plea hearing from the court reporter for your judge. Let me know if you have any...

Misdemeanor possession of marijuanna and paraphenalia on 17 yr old son, first offense.

Because your son is charged with a misdemeanor, the piece of paper used to charge him with the crime is not called a "citation," but is called a complaint. Technically, the complaint issued by an officer is not valid if it is not signed. However, the defect is easily repaired by the officer simply showing up in court and swearing that the facts alleged in the complaint. The more important question is whether the officer had a reasonable suspicion to stop your son in the first place. If he...

Oun record

Criminal histories, or CCH's, are available to the general public for a fee. I believe the Michigan State Police provide the information as to how to get a CCH through the State of Michigan website at http://michigan.gov/msp/0,1607,7-123-35301-112947--,00.html. The website indicates that the records are availble for $10 using Visa or Mastercard. These records, you should be aware, are the public criminal histories and do not include convictions that were taken under advise and later expunged,...

Miranda Rights

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...

Illegel search of my home

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...