Patricia A. Reiser’s Answers

Patricia A. Reiser

Ann Arbor Criminal Defense Attorney.

Contributor Level 8
  1. Am I allowed to consult a lawyer before turning in a written statement?

    Answered over 1 year ago.

    1. Patricia A. Reiser
    2. Becket J. Jones
    3. D. Chipman Venie
    4. Frank Mascagni III
    5. Cy M. Abdo
    5 lawyer answers

    Your boyfriend is under no obligation to talk to the police, either verbally or in a written statement. In fact, he should not talk to the police without the advice of counsel. It does not matter whether the police advised him of his rights--he has them, whether or not he was advised. As for you, were you the one who called the police? Did you already make some kind of statement? You need to be careful about making any statement because if you contacted the police and made a false report...

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  2. Can I get an appeal after being convicted of a misdemeanor in Michigan?

    Answered over 1 year ago.

    1. John F. Brennan
    2. Patricia A. Reiser
    3. Steven M. Dodge
    4. Kevin D. Yaldoo
    5. James S. Lawrence
    5 lawyer answers

    If you pled guilty, then you do not have an appeal of right--any appeal would be by "leave" of the higher court (in other words, you have to ask permission). During the plea, the judge should have asked you if you were threatened or coerced in any way to take the plea. If you were threatened or coerced (you allude to something like this), you may be able to withdraw your plea. Withdrawing a plea after sentencing is, however, extremely difficult. One has to wonder--why now? You should...

    8 lawyers agreed with this answer

  3. Hit a parked car. owner found my car, called police, came to my house 4 hours later, i blew over. drunk driving charge or???

    Answered over 1 year ago.

    1. Frank B. Ford
    2. Edward Jacob Sternisha
    3. Patricia A. Reiser
    4. David B Pittman
    5. Andrew Charles Lapres
    6. ···
    6 lawyer answers

    You absolutely need to hire an attorney to represent you on this case, as there are many potential issues. There are particulars about your situation (that you've shared) that indicate a more difficult battle for the prosecution, but that does not mean it is impossible. There is a whole science regarding bodily alcohol content and the rate of elimination of said alcohol. One issue, of course, will be intervening alcohol. The state, however, will point to the fact that you fled the scene and...

    7 lawyers agreed with this answer

  4. Should my son be worried

    Answered over 1 year ago.

    1. Brian Joseph Prain
    2. Patricia A. Reiser
    3. Joshua Duane Jones
    4. Timothy J. Klisz
    5. Frank Mascagni III
    5 lawyer answers

    I would be more concerned about criminal charges than the civil demand, which is a separate issue. Meijer, as far as I know, always prosecutes (regardless of wether or not the civil demand is paid). I know many attorneys tell their clients not to pay it. Regarding criminal charges, the police investigation is probably being reviewed by the prosecutor's office. That office will determine whether or not charges should be issued. If this occurred very recently, it may be a few weeks before...

    6 lawyers agreed with this answer

  5. What's gonna happen to me with an Embezzlement Misdemeanor?

    Answered over 1 year ago.

    1. Wilson D. Brott
    2. Katrina Ann Martin
    3. Patricia A. Reiser
    4. Douglas Holbrook
    4 lawyer answers

    If you have no prior criminal history, you may be eligible for a first offender program which would allow you to keep this off your record. You can talk with the prosecutor about that possibility. If you were over 17 and under 21 at the time of the crime, you are eligible for HYTA (Holmes Youthful Trainee Act). This statute is directed at youthful offenders who have exercise poor judgement and find themselves in a situation such as the one you describe. Like a first offender program, HYTA...

    5 lawyers agreed with this answer

  6. Just had court for retail fraud III and court next week for possession of marijuana will i face jail time?

    Answered over 1 year ago.

    1. Edward Jacob Sternisha
    2. Timothy J. Klisz
    3. Shawn James Haff
    4. Melood Arief Abugasea
    5. Patricia A. Reiser
    6. ···
    7 lawyer answers

    I agree with the things my colleagues have advised. You mention that the Retail Fraud was your first offense. Therefore, I am assuming that you have no prior drug convictions and that this Possession of Marijuana is your first drug offense. If that is the case, you are eligible for a special deferral program under Michigan Compiled Laws 333.7411. Under this statute, if you plead guilty, and if you complete probation successfully, the conviction would not be on your public record. This is...

    5 lawyers agreed with this answer

  7. Can I request a diversion without an attorney?

    Answered over 1 year ago.

    1. Patricia A. Reiser
    2. Steven M. Dodge
    3. Brian M. Thomas
    4. Cy M. Abdo
    4 lawyer answers

    The short answer is "yes," you can request a diversionary program without an attorney. However, navigating the criminal justice system is a daunting prospect without an attorney. If you can't afford one, you can ask the court to appoint one for you. If you were over 17, but under 21 years of age at the time of the offense, then you would be eligible for HYTA (Holmes Youthful Trainee Act). In that situation, you must plead guilty, but your conviction is not entered. If you complete...

    5 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Patricia A. Reiser
    2. J. Matthew Catchick Jr.
    2 lawyer answers

    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...

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  9. Can clerks really lift bench warrants or are they trying to trick me?

    Answered over 1 year ago.

    1. Patricia A. Reiser
    2. J. Matthew Catchick Jr.
    3. John E. Melton
    3 lawyer answers

    Only a judge or magistrate can lift a bench warrant. Having said that, if you set up a time to go before the judge (or magistrate) on the bench warrant, AND you come prepared to pay a substantial amount of the money you owe, chances are you will avoid jail and be allowed to set up another payment plan. Some courts will allow you to "walk in" on the warrant on any day that the court is in session on a criminal call. I am speaking in general terms, as these things can be very specific to...

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  10. Can someone be charge for something that they didnt do in the police have nothing on him that he did the crime which he didnt

    Answered over 1 year ago.

    1. J. Matthew Catchick Jr.
    2. Scott Grabel
    3. Patricia A. Reiser
    4. Michael R Crosner
    4 lawyer answers

    The standard to issue an arrest warrant is probable cause, which is a pretty low burden. So, yes, people who are not guilty do get charged. The standard of proof to convict is beyond a reasonable doubt, so it is harder to actually convict someone who is not guilty. Still, this is not very comforting to the accused. You need to consult with a criminal defense attorney as soon as possible. Do not talk to the police without an attorney present. Good luck.

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