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Loren M. Dickstein
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Loren Dickstein’s Answers

2,072 total


  • Can someone be charged with a crime even though numbers don't add up? See below

    Hello me and my fiance own a fencing business and in winter months we decided to take up snow plowing, big mistake. Needless to say truck broke down needed numerous repairs and the plow he bought needed a new blade. He failed to plow 3 customers d...

    Loren’s Answer

    My advise is to talk with your fiance's lawyer. If you trust him or her, let that person do their job. If you do not trust that person or feel he or she is not doing their best to protect you fiance, you need to talk about that as well. If you need a change of lawyer, it is best to do that as soon as possible. If there is anything you should or should not be doing, your fiance's lawyer should be discussing that with you.

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  • When drugs are intercepted in the U.S. Mail by the U.S. Postal Inspector does state courts have jurisdiction to try the case?

    U.S.mail

    Loren’s Answer

    The state prosecutor and the United States Attorney would both have jurisdiction to prosecute that case. It is possible for the case to be charged in BOTH federal and state court although that is a bit unusual. For this type of situation, it would be best to hire a very experienced criminal defense lawyer right away that has extensive experience in federal and state court. There are 10.0 rated criminal defense lawyers on Avvo who meet this criteria. Many of us will offer a free consultation.

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  • I have been placed on probation can my probation officer make me leave a methadone clinic

    I just started methadone treatment at a methadone clinic then I was placed on probation and she's making me leave the clinic and stop taking methadone I believe this will only make me relapse and then I can't successfully complete probation.

    Loren’s Answer

    The probation officer can only do such a thing if your Judgment of Sentence is consistent with that directive or give the probation officer discretion to do so. If you disagree with the PO or believe he/she is exceeding his/her authority, you or your lawyer may have to file a motion and bring the issue before the judge. Many judges are very resistant to methadone treatment and you will have to be very well prepared for the motion. Your best hope of winning will be with an experienced criminal defense attorney.

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  • Can i fight a ticket for open alcohol if my backseat passenger had it in his jacket pocket?

    i was stopped for running a stop sign. Backseat passenger was intoxicated and pulling my arm and shirt while i was driving. I was removing him from my moms house and taking him to his house because he was cursing her. He was resisting, and pulling...

    Loren’s Answer

    It sounds like you have a strong defense based upon the information you've provided. Of course, the officer probably had a different perspective and his opinion of the situation will be documented in a report that your attorney will have to review and analyze. A good lawyer gives you the best chance of beating the case. Use Avvo to find a 10.0 rated criminal defense attorney. Many of us will offer a free consultation.

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  • Do probation officers receive all drug tests or only failed drug tests?

    If you take a drug test and do not test positive for any drugs on the panel, is this test sent to the probation officer or are your tests to be assumed to be okay unless a failed test is received? With that asked, if your drug testing facility has...

    Loren’s Answer

    Th PO should get them all but different courts/probation departments may handle that differently. If you have a prescription and have provided the information to the probation department, you should not have an issue unless the drug is an opiate. Many judges will not allow opiates unless a doctor indicates the medication is a medical necessity. A probation officer generally does not have the power to prohibit a prescribed medication.

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  • Do I need an attorney for my arraignment next Thursday for a possession of marijuana charge (first offense)?

    Myself and 3 friends were driving to a concert in Cleveland, OH. We were pulled over, cop searched car and found my 1g of marijuana in my purse, and my friend's 9gs of marijuana in his bag. I also had 4 unopened beers in my bag, but the judge drop...

    Loren’s Answer

    Yes, you should have a lawyer. No criminal offense should be taken lightly as your liberty and criminal record are at stake. If you can afford to hire a lawyer, you can find one through Avvo. If you cannot afford to hire a lawyer, request that the court appoint you a lawyer at your first opportunity.

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  • 3rd offence charge for retail theft

    My friend was caught and charged for the 3rd time for retail fraud. The past two were in the 2nd degree. She has some psychological problems and is on medication. She lives in Tawas and is not allowed in almost all of the major stores, some did no...

    Loren’s Answer

    There is no way to know how much, if any, time in jail your client will get based upon the limited information you provided. To get an idea of the possible outcome, your friend will have to consult with a lawyer.

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  • If you are driving a car registered to a felon, does a cop have the right to search the vehicle or you?

    Buddies dad is a convicted felon and his car is registered under his dad. Does a cop still have the right to pull us over just because he sees that the car is registered to a felon? If pulled over and his dad isn't present, just us clean records, ...

    Loren’s Answer

    No, there is no basis to pull over a car based upon it being registered to a felon. There has to be reasonable suspicion of a violation of the law being committed or that the car is harboring someone with a warrant. There has to be probable cause to search the car.

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  • I am looking to get my license back in Michigan after losing it to a DUI 7 1/2 years ago when I was 21.

    I finished all my requirements for my 2 year probation including all payments during that time. I don't drink and I don't do drugs but I also don't attend AA. Being a student in debt, and a mother to one I can't afford a lawyer to represent me. I ...

    Loren’s Answer

    There is some serious confusion going on here and you need to get some direction. If your license was revoked by the Michigan Department of State, you need to go through the Driver's License Appeal Division to get your license reinstated. The process is complex and your best chance of success is with a lawyer who has experience handling these cases.

    If your last DUI was 7 and 1/2 years ago, you cannot possibly still be on probation so a letter to the judge isn't going to do anything to help you.

    You do not have to attend AA to get your license back. Again, a good lawyer will know what to do to give you the best chance of winning. Handling the matter on your own is a recipe for disaster. You can find a 10.0 rated criminal defense lawyer on Avvo. Many of us will offer a free consultation. Typically, criminal defense lawyers have the greatest expertise in handling DLAD appeals.

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  • How much say to CPS really have over a family?

    my husband was arrested for days ago for domestic violence we have children one being both of ours and I have an older child that he is not so good too. My oldest will tell you that he loves his stepdad and just want to stepdad to stop and get hel...

    Loren’s Answer

    I respectfully disagree with the answers previously given. The other attorneys have very good points and clearly are interested in the protection of your children. I have a different perspective. From my practice, I see CPS over-reaching and over-involving themselves in peoples lives. The workers have little training and seem to think they have power equivalent to the court's. In fact, they cannot give you ANY orders that you legally have to comply with. If you do not follow their directives, you risk them taking you to court on a petition for neglect or abuse but this does not mean that the court will agree with their assessment or directive. In fact, the courts frequently do not agree with them or agree with them to a lesser degree.

    If you love your husband and want him to stay a part of your child's life, do not give up. Consult with a lawyer who has vast experience dealing with CPS for direction on how to reunite the family. It is possible. Things like parenting classes, psychological assessments, supervision and therapy can be used to ensure you son is protected. If you create a plan that protects your son, your family does not have to be split apart.

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