My friend (the "victim") and I were involved in a small fight outside a bar where police came and arrested me for domestic violence. I bonded out and my friend received a subpoena from either the detective or prosecutor stating something along the...
Usually cases are not dropped under these circumstances. It's impossible for an attorney on Avvo to specifically answer your question without being involved in the case and aware of all the facts and circumstances. Your friend can always hire his/her own lawyer to advocate for them and try to influence the prosecutor's decision on the disposition of the case.See question
My friend hit me over the head with a glass bottle while intoxicated and I had to get staples in my head. The hospital phoned the police and I was asked to give a report. The detective also took pictures of the injury and spoke to one witness. I b...
It is very difficult to "drop charges." Most prosecutors will not be cooperative in such a request. You can hire your own lawyer to act as a Victim's Advocate. He or she may be able to convince the prosecutor to reach a more favorable outcome.See question
My Son has drug charges,and gun charges and he's on probation
Avvo is a great place to fine an excellent lawyer. You can use the Find a Lawyer function to locate a top rated criminal defense attorney. There are lawyers who are rated 10.0 rated attorneys. Many of us will offer a free consultation. Look for a lawyer anywhere in southeastern Michigan to help you.See question
Never received ticket in the mail. Two years later applied for a job and was told a warrant was issued for my arrest. Went to court told judge I never received the ticket come to find out it was mailed to an old address that I lived at twelve year...
Your situation is more common than you think. I see this pattern all the time. Police take blood test and send the samples to the State Police. Month later, the results come back and a warrant is issued. The court is supposed to send out notice but either they done or use the wrong address. The person is arrested months or years later having no knowledge that a warrant had ever been issued. It's an awful system.
This being said, you have a charge and have to deal with it. It's not going away and the court is not, unfortunately, going to find that your rights were violated.
Your only course of action now is to hire the best lawyer you can and defend the charges. The prosecutor may have some sympathy given what happened. As a defense attorney, I would look to see if the delay has caused you to lose the ability to defend yourself...loss of a witness or spoliation of evidence. There may be a due process argument that can be made.
Avvo is an excellent place to find a 10.0 rated criminal defense attorney. Many of us will offer a free consultation.See question
I got caught selling crack cocaine to an undercover police officer, they made me sign a paper stating that I would be a confidential informant but I never followed through and they it a warrant out for my arrest 6 months later, i my license was su...
If you have a court appointed lawyer, you have a lawyer. Start by being respectful to him or her. Second, advocate for yourself by communicating with the lawyer as to your goals, future plans and be honest about the facts of the case. Most appointed attorneys are conscientious and will do what is necessary to help you and get you the best result.See question
I was measing around coming home from a school event with friends and was clocked going 52 in a 25 zone. They want to put three points on my license so im wondering if there is a way to get the points or charge reduced without having to get a lawyer?
It is possible to get the point reduced without a lawyer but your chances of getting relief and getting the most relief would be with a good attorney. If you cannot afford a lawyer, it's better to try on your own in most cases. Beware of situations where a disgruntled police office will try to amend the charge to a higher one if you try to contest the charges. Again, an experienced defense attorney would know better how to avoid this pitfall.See question
He has not had court dates in other cities. He wants to use the writ to be called to appear in the two other courts. May the charges be combine from the two other cities,in order to serve all one sentence?
A writ can be used but most defense lawyers don't know how to use them properly. Sometimes a sympathetic prosecutor will help but getting that coordinated between 3 different courts is going to be a trick. Hopefully you can obtain a really good and affordable criminal defense lawyer to help your brother. There are many highly rated, good and affordable lawyers on Avvo. Many of us will offer a free consultation.See question
I caught a but and bus bayonet, and they didn't find any drugs on me so they let me go, after I signed a paper stating that I'll be an informant, but instead I didn't become an informant, I went on the run for 12 months then they issued a warrant ...
Probation on a felony can be as long as five years. The length of probation will depend on enumerable factors such as the judge, prosecutor, defense attorney, facts of the case, defendant's background, the existence and position of a victim (if any), sentencing guidelines and much more. An experienced criminal defense attorney gives you the best chance of obtaining the most lenient sentence possible. Probation terms on a felony of less than 1 year are rare and over 3 are rare.
As for expungements, you will have to wait 5 years after your discharge from probation. An expungement is not a guarantee or automatic. Your lawyer will have to convince the judge that you qualify and are deserving under the statutory criteria.See question
Is using the defense for drunk driving of weather or not the breathalyser has been calibrated in a timely fashion or at all a defense in a drunk driving case ? This case is in Hazel Park MI.
The defense of a DUI case is highly complex if done by an experienced defense lawyer. The defenses to drunken driving can be based on the facts, the law, the constitution, medical science and chemistry. The government's case is built of multiple pieces of evidence. They use the pieces of evidence to build their case. Crimes, including OWI, are made up of parts, called elements. The prosecutor must prove each element beyond a reasonable doubt. If a breathalyzer result is suppressed because of a technical, legal or constitutional violation, this weakens the prosecutor's case. Is it enough for reasonable doubt? That depends on what other evidence exists. Hiring a top DUI lawyer gives you the best chance of an acquittal, dismissal or extraordinary plea bargain. Avvo is an excellent place to find a 10.0 rated criminal defense attorney. Many of us will offer a free consultation.See question
what is required for a prosecutor to prove false pretense charges beyond a reasonable doubt?
To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant used a pretense.
(3) Second, that the defendant knew that the pretense was false at the time [he / she] used it.
(4) Third, that at the time [he / she] used the pretense, the defendant intended to defraud or cheat someone.
(5) Fourth, that another person relied on the defendant’s pretense.
(6) Fifth, that by relying on this pretense, this person suffered the loss of something of value.
(7) Sixth, that the amount lost had a fair market value at the time it was taken of:
[Choose only one of the following unless instructing on lesser offenses:]
(a) $20,000 or more.
(b) $1,000 or more, but less than $20,000.
(c) $200 or more, but less than $1,000.
(d) some amount less than $200.
[Use the following paragraph if applicable, MCL 750.218(6):]
[(8) You may add together the values of the property taken in separate incidents if part of a scheme or course of conduct within a 12-month period when deciding whether the prosecutor has proved the amount required beyond a reasonable doubt.]
If you or someone you care about is charged with a felony or misdemeanor offense, it is in that person's best interest to work with the best criminal defense lawyer available. Avvo is an excellent place to find a 10.0 rated criminal defense attorney and many of us offer a free consultation.See question