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Loren M. Dickstein

Loren Dickstein’s Answers

2,076 total

  • Drunk Driving 2nd offense

    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.

    Loren’s Answer

    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.

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  • False pretenses michigan law

    what is required for a prosecutor to prove false pretense charges beyond a reasonable doubt?

    Loren’s Answer

    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.

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  • My husband was caught with drugs. My husband is in prison and I was his last visit . What will happen next

    Will they stop my visit or charge me with anything

    Loren’s Answer

    More facts are needed to answer your question. It is very likely his visits will be restricted for a period of time and he may be facing new charges. Depending on how the investigation goes, you could be suspected as the source of the drugs. There is no way to get a reliable impression based on the limited information you provided.

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  • How does the prison system work in Michigan?

    My husband was given a year in prison but was given 154 days for time served from being in county jail from Nov-March when he was sentenced to prison fro 3rd OWI. Now he got a letter saying he is to go in front of parole board June 4th. What does ...

    Loren’s Answer

    If he is not paroled on June 4th, he will have to continue serving his prison sentence until he is given another parole hearing. Usually the next one is scheduled a year later but on an OWI 3rd, an earlier date will probably be given. There are lawyers who help prisoners prepare for parole hearings, it may be in your husband's best interest to use one.

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  • What qualifies as inadequate defense

    If a very key important part of a suppression hearing was missed, such as proof of who was in control of a property as it relates to consenting to a search, would that qualify as inadequate defense?

    Loren’s Answer

    To prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington, 466 U.S. 668 (1984).

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  • If I turn 18 and have sex with my girlfriend which is younger could I be put on the sex offenders list?

    She is 13 and I am 17 years of age she will be 14 and then I'll be 18 shortly after, would it be legal to have sex with my girlfriend without being put on the sex offenders list?

    Loren’s Answer

    It would be illegal and wrong on several levels at 18 and is illegal right now as well. Consider finding someone your own age or respect the fact that she is just a child and wait until she is 16.

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  • Can you be charged for something you were never originally charged for?

    My husband was arrested for failure to report information for the sex offender registry In July 2014 in royal oak mi. He was never charged or arrainged for it. He was sent to county jail to wait for extradition to another state on a warrant. When ...

    Loren’s Answer

    If he is charged in Oakland County, the prosecutor is very unlikely to drop it. His best defense is a sting attorney who can attempt to find an argument to convince the judge to dismiss the case at the preliminary examination of there is any justification for doing so. Avvo is an excellent place to find a 10.0 rated criminal defense lawyer and many of us will offer a free consultation.

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  • I have two retail fraud charges pending against me and would like to know what to expect....

    The first is second retail fraud under $100.00 and the second is third degree retail fraud where the lady said she watched me in the changing room put things in a bag, also I had my child with me and she's 3 so how is she able to look under the do...

    Loren’s Answer

    Your on private property and there may or may not have been a rice regarding surveillance. If a government agent violated your rights, a motion to suppress evidence may be appropriate. If a private employee of a business did something inappropriate, it would not be a violation of the 4th Amendment. If there is a way to get your charges dismissed, a good lawyer with experience handling retail fraud and constitutional issues would be in the best position to help you.

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  • Whats the worst thing that could happen to me or what is going to happen to me (misdemeanor/ marijuana laws)?

    I'm 16 live in the state of Michigan. I got possession of marijuana (had less then a gram on me) and this is my first offense. The officer said I'm going to court and in 72 hours will get a notice and schedule for court. We have tried contacting ...

    Loren’s Answer

    You can expect to be charged in Oakland County Circuit Court in the juvenile division. Your parents will get notice in the mail. Most people do not know that your juvenile record does not become sealed until your 31st birthday. It would be in your best interest for your parents to work with a criminal defense lawyer who is very familiar with and experienced in Oakland County.

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  • What is the penalty in Michigan for destruction of property, 1st offense.

    I got drunk and messed up my parents house. I put several holes in walls, broke the TV, computer monitor, several picture frames, and two windows. I fixed and painted the walls, replaced the TV, computer monitor, and ordered the window replaceme...

    Loren’s Answer

    Whether a judge imposes jail depends on various factors including, but not limited to, prior record (which you have none), age, work or school record, history of drugs or alcohol, the facts of the offense, opinion of the alleged victim and much more. In most cases, the challenge for an attorney with a client who is charged with their first misdemeanor offense is not jail but keeping a conviction off the clients record so their future is not negatively impacted. With a felony, this can be more complicated but the goal is the same.

    The best thing you can do to avoid jail and a conviction is to work with the best lawyer you can afford. If your case is in Shelby Township, Judge Shepard is extremely reasonable and the prosecutors are fair to deal with. Avvo is an excellent place to find a 10.0 rated criminal defense lawyer and many of us will offer a free consultation.

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