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Loren M. Dickstein
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Loren Dickstein’s Answers

2,066 total


  • 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 If your license was revoked by the Michigan Department of State, you need to go through the Driver's License Appeal Division to get your license reinstated.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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  • Do I have to testify for a domestic violence charge?

    my spouse was arrested for domestic violence I proceeded to press charges but I don't think I can go through the court date and testify I don't want charges dropped I just don't think I can handle it is there anything that I can legally do And not...

    Loren’s Answer

    If you are personally served with a subpoena, you will legally have to appear in court. The court can compel you to testify. An attorney may be able to help you in this situation. For example, if there is a lawful basis for you to invoke your fifth amendment right to remain silent, the court cannot compel your testimony. This can be a tricky road and it would be best to have competent defense counsel consult with you regarding your options before you talk to anyone else.

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  • Should I plead guilty or innocent on a third degree retail fraud charge?

    It's my first offense I'm only 19 years old They caught me and I immediately apologized I realized it was wrong, and was cooperative I don't want my stupid mistake to effect me in the future- is there a way to have this sealed?

    Loren’s Answer

    There is no reason that this mistake should impact your future. There are court rules and statutes that can be employed to help you and keep your record clean. The mistake that most people make under these circumstances is unnecessarily burning a chance to use a statute at a later time when there are other options now. Many lawyers and judges will just default to using certain statutes that will keep your record clean when there are other options that would me more in your best interest and will preserve options for you down the line should you make a mistake in the future. Look, everyone is not perfect and mistakes are made. This is especially true when you are young and just finding your way. Don't let an inexperienced lawyer to someone who is afraid to fight for you just sell you down the river with the easiest option. Get an attorney who will take the time and spend the energy fighting to get you the best deal possible.

    Avvo is an excellent place to find a 10.0 rated top criminal defense lawyer who handles retail fraud cases in Michigan. Many of us will offer a free consultation.

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  • I failed a PBT while on bond for a DV case and wanted to know any possible outcomes.

    I am already aware jail is a potential option. However I know and have heard of other alternatives imposed by the judge. What could these be? I know the purpose of bond is to ensure I attend my court dates so what other things might happen now? Wh...

    Loren’s Answer

    If your case is pending in Waterford, the 51st District Court, the judges there tend to be very reasonable. If you used alcohol and are being violated, it is important that you work with a lawyer who is very familiar with that court to give you the best chance of avoiding jail. In the event your sentence was taken pursuant to MCL 769.4a, you stand a chance of having the conviction put on your record due to the violation as well. This matter should not be taken lightly. An experienced attorney will be able to develop a strategy to mitigate any sentence that may be imposed if you are convicted of violating your probation.

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  • Can something go on your criminal record if you were never charged?

    I recently tried getting a job, they gave me a background check & something came back on it with a situation I was never charged for.

    Loren’s Answer

    It is possible that a arrest would show up on a background check if you were fingerprinted. It is also possible that you may have been charged but that you were never told about the case. Either way, it is in your best interest to find out so that any future problems can be avoided. You can run your record through the Michigan State Police website or you can call the court that would have jurisdiction of the incident (depending on the location) and you can have them run your name to see if there is an open or closed case for you. You always have the option to hire a lawyer to do this work for you.

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  • Will using my 7 year old daughter in a domestic violence case as a character witness help my fiancé's case or upset the judge?

    She see's my boyfriend and I together on a daily basis and sees that we don't ever argue or fight and knows he's not a violent person. He is the only father she knows and wants him home. She has asked several times if she can tell the judge he did...

    Loren’s Answer

    Using a 7 year old as a "character witness" is not going to happen. There is no lawyer who would do that and it is likely the judge would refuse to have her testify. It sounds like your fiance' is getting awful legal advice and it would be in his best interest to hire an attorney with experience handling criminal cases.

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  • Did I do something wrong?

    I was falsely accused of domestic violence. I'm head of household at my residence and the "victim" resides there, but is not attached to the lease beyond liability. She was not there because I was informed that she was staying at her mom's house, ...

    Loren’s Answer

    A lawyer would half to look at your specific bond conditions to determine if there was a potential violation. Frequently, a bond condition in a domestic violence case will include a prohibition from going to a particular address. You need a very good domestic violence attorney to defend you.

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