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Loren M. Dickstein's Answers
Contributor Level 15
- 778 Legal Answers
- 5 Legal Guides
3
Attorney answers:
Can a sentence modification be made to a felony be dropped down to a misdemeanor that is over 20 years old?
There is an option that may help you. I've been retained in cases like yours and have some success in helping clear my client's prior record. It may be possible to file a 6.500 Motion on the felony and maybe even on the misdemeanor. A 6.500 Motion is also called a Motion for Relief from Judgment. I'm not saying that it would be easy or there is any guarantee but it may be worth meeting with a 10.0 rated criminal defense lawyer to discuss your situation in more detail. I encourage you...
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2
Attorney answers:
Can my probation agent take my medications from me or threaten jail if i do take them
It sounds like your probation officer is on a power trip. His or her involvement in your medical treatment crosses the line. Your probation cannot be legitimately violated if you have not violated an order of the court. I recommend you hire an attorney to intercede on your behalf and contact the probation officer and fight for your right to be treated as your doctor recommends. Mr. Loren Dickstein, Esq. Michigan Criminal Defense Attorney LEWIS & DICKSTEIN, P.L.L.C. 2000 Town Center,...
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3
Attorney answers:
Recently my cd's and dvd's were taken by the police. the nextday my house was raid and all the cds and dvd's were taken an comp.
The statute of limitations in Michigan (if you are looking at state charges) is 6 years. You should hire a lawyer ASAP. I encourage you to use www.avvo.com to find a 10.0 rated criminal defense lawyer. Most retained criminal defense attorneys will offer you a free telephone consultation. Feel free to consult with an attorney in any part of Michigan as it is not uncommon for criminal defense lawyers to travel throughout the state. Mr. Loren Dickstein, Esq. LEWIS & DICKSTEIN, P.L.L.C....
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4
Attorney answers:
What will hanppen if i got a ticket for driving without drive license druing my probation?
The best case scenario is that your probation officer does not discovery the violation until after you are discharged. Once you are discharged from probation, you can no longer be violated. Most of the time a probation officer will run a person's criminal history through LIEN (Law Enforcement Information Network) prior to submitting an order for discharge to the judge and the new arrest will be discovered. This is not always the case though and sometimes the LIEN will not show the new arrest....
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2
Attorney answers:
Charged with a crime that dosnet exist
You may very well have found a way to get your case dismissed. You need to be very careful however because the prosecutor is not going to go down without a fight and in Livingston County, things can get a little dirty. There are many things you can do to protect yourself from the prosecutor and law enforcement before a motion to dismiss is filed but only an good criminal defense lawyer will know all the tricks of the trade. For example, it would probably be a good idea to have an expert look...
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2
Attorney answers:
Reasonable suspicion
Based only upon the information you've provided, with nothing more, it sounds like an illegal stop. If the court were to rule that the stop was illegal, the court would likely suppress the marijuana paraphernalia. Until your lawyer gets the police report and any other available discovery, it will be impossible to know what the police officer is claiming he or she saw or observed that may rise to the level of reasonable suspicion. It is not uncommon for a police officer to be creative with...
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1
Attorney answers:
2nd oper. while intox first one .8 yrs ago can my vehicle be forfeited?will there be jail time, whats best outcome?/cost
A minimum of 5 days in jail are required if you are convicted of OWI/DUI 2nd offense in Michigan. Most prosecutors will consider a plea to a lesser offense if requested in a pursuasive way. I don't know the facts of your case but maybe if you hire a great criminal defense attorney, he or she can get your case dismissed or win at trial. I encourage you to use www.avvo.com to find a 10.0 rated criminal defense attorney and call for a free consultation. Best of luck! Loren Dickstein www....
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2
Attorney answers:
Spin out accidnet - left the scene with intention of getting vehicle towed - cops beat me to the tow.
You cannot just set your case for an informal hearing because leaving the scene of an accident is a misdemeanor, not a traffic ticket. I question how the police have proof that you were operating the car. You enter a plea of not guilty or "stand mute" and have the case scheduled for a pretrial conference. Do NOT plead guilty. If you have the money to hire an attorney, it would be worth the investment considering the misdemeanor charge. If you don't you have a constitutional right to a...
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3
Attorney answers:
Can a police officer stop a car just because the plates are expire on this month?
The officer probably pulled behind you and saw on your plate that it expired this month and ran it on his computer to see when it expired exactly. Regretfully, it is legal. On the bright side, there is a good chance an attorney will be able to not just handle your case but get the criminal charge dismissed or reduced to a noncriminal charge. If you have any other specific questions regarding the charge, Michigan laws or that particular court, please feel free to call me directly. Loren M....
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4
Attorney answers:
What portion of bail money do you receive back when the trial is over?
Why out of state lawyers are answering your questions is a mystery. They are both wrong and should keep from giving advice in situations in which they have no idea what they are talking about. If you posted the bond without a bondsman and the bond was a 10% bond, the court generally will give you back 90% of the money you posted so long as it was posted in your name. They keep 10% of the 10% you posted as an "administrative fee." Some courts in Michigan will trick you when you post the...
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