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Patricia A. Reiser

Patricia Reiser’s Answers

72 total


  • I was arrested for Count I Felonious Assault, Count II R&O will these likely be pled down to a misdemeanor?

    I also broke my probation, but that's not listed on my bond. Why not? there were 4 officers with the police report and my boyfriend is changing is story from what he told the police.

    Patricia’s Answer

    The answer to your question is fact-dependant, so it is impossible to say. The prosecutor may make an offer, but he is not required to do so. Whether or not he does will depend largely on: 1.) His office's policies, 2.) The strength of the case he has against you (which will likely be affected by what your boyfriend is saying), 3.) Any mitigating circumstances, and 4.) Your criminal history. You need to discuss the entire situation with a criminal defense attorney to get a better understanding of what is likely to happen, and to discuss your strategy in dealing with your case.

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  • Do you no if there is anyone in michigan who was granted 333.7411 who was approved for a cpl

    I have only this 333.7411 on my record

    Patricia’s Answer

    Do you mean that you avoided having a conviction for possession of a controlled substance because you were sentenced under 333.7411? If you were sentenced under this statute, and completed probation successfully, then the charge should have been dismissed. This means that you would not have a conviction on your record and would be eligible for a CPL. If, however, you have a conviction for possession of a controlled substance within the last 8 years then you would not be eligible for a CPL. Best wishes to you.

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  • Is it legal for a judge to order someone to take a ploygragh test and when he passed it without question?

    judge order my son to take a polygragh test when he passed it she did not even look at the results. my son passed two lie detector test. he passed both without question. can the judge order the test? and the accuser would not take the test. I need...

    Patricia’s Answer

    I agree that you need to consult a criminal appellate attorney ASAP. I have never heard of a judge ordering a polygraph test. Polygraph results are not admissible in court (though any statements made by the defendant are potentially admissible). It is possible that the judge was, in some way, trying to facilitate a resolution of the case, as prosecutors usually will dismiss a case if a defendant passes a polygraph conducted by a police agency. Best wishes to you.

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  • What does the charge of sub possession of less the 25 grams mean? and what kind of punishment comes with that charge?

    my sister charged with this has prior possession charges of heroin but it was only a little amount, she is 28, and just got arrested for this on the 7th of april of this year? so does the less than 25 grams mean like a big deal because if she had ...

    Patricia’s Answer

    As my colleague has indicated, 25 grams is the minimum, so the charge will be "Less than 25 gms" even if the amount is very small. In short, there is NO "less than 5 grams" charge. However, if she did have a very small amount, that is a factor that would likely be considered for possible resolution by the prosecutor. There is another charge called "Use of a controlled substance." This charge would be a misdemeanor. If she did have only a very small amount, the prosecutor may offer her a chance to plead to this lesser charge even with a prior on her record. I agree that your sister should consult an attorney. Best wishes.

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  • Pleading not guilty to misdemeanor 3 retail fraud, have not consulted a laywer, will present myself at arraignment- suggestions?

    I am a student at Michigan State, read a recent post regarding HYTA, i'm over 21 so do not qualify for that diversion program. Unfortunately do not have funds to hire a defense criminal lawyer, Michigan state student legal services provides repres...

    Patricia’s Answer

    No, it will not hurt anything to plead not guilty at the arraignment. Most people do this because the arraignment is the very first stage of the proceedings so generally there has been no time to consult an attorney, or for review of any evidence. Also, in many cases the prosecutor does not appear for arraignments, so there is no opportunity to enter into any plea agreement, or to ask for the special programs to which you are referring. If you prefer, you can indicate that you would like to "stand mute," and then the court will enter a not guilty plea for you.
    Although you are too old for HYTA, many prosecutors' offices have special first offender programs for true first offenders that operate in much the same way as HYTA. I was a prosecutor for 17 years in Washtenaw County and we had such a program. So, accept the free legal services, handle the arraignment as already discussed, and then the case will be set for pretrial. The prosecutor will be there for the pretrial and your attorney can inquire about your options. Best wishes to you.

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  • Boyfriend violated probation

    My boyfriend was on probation and missed his appointments with his probation officer and also hasn't paid his fines from last year. He believes he has a bench warrant now in Livingston County. What should he do to avoid jail time?

    Patricia’s Answer

    It may not be possible to avoid jail time, especially in Livingston County. A lot of this will depend on who the judge is, who the probation agent is, what he is on probation for, and his level of compliance with other aspects of probation. Also, if he can come up with the money he owes, that would be helpful. He should definitely contact the court to determine the status of his case and whether there is a bench warrant. He should also immediately contact his probation agent. Most agents are willing to work with probationers who remain in contact and are trying to get into compliance. He should also contact an attorney to assist him if he needs to go to court on a probation violation. Best regards.

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  • Did I get a second chance? And will this go on my record?

    I took a class for the stealing and since I did that and payed for the class which was $45 and so I didn't have to go to court for it. Was caught stealing when I was 16 and I am now 18 my case was dismissed but all I did was take a class and I did...

    Patricia’s Answer

    • Selected as best answer

    I agree that you should order your criminal record to be sure, but it sounds like you were placed on a diversionary program, probably for retail fraud. If you were 16, you were a juvenile. Juvenile diversion programs for retail fraud (shoplifting) are pretty common. If you complete these programs successfully, then yes, you have gotten a second chance and it does not go on your record. In juvenile court, this is sometimes referred to as a consent docket or consent calendar. Best wishes.

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  • Will a dismissed 3rd degree retail fraud charge affect job search?

    Someone I know was arrested for stealing from a local store and was charged with 3rd degree retail fraud last year. He got a lawyer and went to court for this case. He had his finger prints and mug shots taken at the local police department. He wa...

    Patricia’s Answer

    • Selected as best answer

    It sounds like your friend was sentenced under the Holmes' Youthful Trainee Act (HYTA). That statute allows, after a guilty plea, for a term of probation. After successful completion of probation, the charge is dismissed and the conviction is not entered. He should absolutely file a petition to have fingerprints and mug shots destroyed. Even if he is successful with all of this, however, in this day of digital revolution there is no guarantee that information cannot be found. Also, some employers get around all of this by asking prospective employees if they have ever "plead guilty" to a charge, rather than asking if they were convicted of any crimes. Since, HYTA requires a guilty plea, the answer is "yes." So, it really depends on how future employers look at the situation, how they make inquiries, and, the type of employment. Best wishes to you.

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  • Is "hear say" admissable in court?

    I was wondering if statements made while under the inlfuence of alcohol are concidered hear say, and admissable. The statements were made before merranda was made, and the the defendant was intoxicated. There is very little mentoined in the police...

    Patricia’s Answer

    Hearsay is not admissible, generally speaking. There are several exceptions to the hearsay rule (for example, "excited utterance," "present sense impression," etc.), and sometimes a statement may be offered for a non-hearsay purpose, even when it normally would be hearsay (for example, someone's statement may be admitted to show why the listener acted the way they did in response, rather than for any truth of the statement). A statement by a defendant is not considered hearsay when offered by the prosecution; it is called an admission and is an exclusion from the hearsay rule.
    Miranda is a different issue. As the other attorneys have said, Miranda warnings are required when a person is in custody and being questioned by the police (called a "custodial interrogation"). So, if the defendant was merely making statements, without being questioned, then there is no Miranda violation, even if he was in custody at the time. The purpose of a Walker hearing is to determine the voluntariness of a statement. Sometimes, a statement is considered involuntary even if Miranda advice was given. A number of factors are looked at to determine if a statement is voluntary. Advice of Miranda rights is one of these factors. For example, if a person was intoxicated, arrested, advised of Miranda rights, and questioned by the police, it could potentially be argued that waiver of Miranda was not knowing and voluntary due to the defendant's intoxicated state. This is all very technical, and fact-dependant, so you should discuss the situation in detail with an experienced attorney. Best wishes.

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  • I received a warrant for my arrest in the mail for larceny in a building. what is the minimum sentence? is jail mandatory?

    I have OWI, Disorderly person, and receiving and concealing stolen property less than $200, all misdimeanors... I am not on probation and have no prior felonies. this current charge involves a ring that is worth approx $300...they were unable to ...

    Patricia’s Answer

    The maximum penalty for Larceny in a Building is 4 years in prison. You sound like a good candidate for probation; however, as indicated by some of the other lawyers, sentencing is based on a number of factors and is ultimately up to the judge. What I hear you saying is that you confessed to a crime that you did not commit. You really need to hire an attorney ASAP. And, yes, stop talking to the police. Best of luck to you.

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