Philip Matthew Jacques’s Answers

Philip Matthew Jacques

Ann Arbor Criminal Defense Attorney.

Contributor Level 8
  1. Missed drugs test on probation help?

    Answered 10 months ago.

    1. Philip Matthew Jacques
    2. J. Matthew Catchick Jr.
    3. Jared Clayton Austin
    4. Timothy J. Klisz
    5. Stacey M. Washington
    5 lawyer answers

    Probation agents often don't believe a probationer's explanation for missed drug tests, etc. They typically assume that someone missed a drug test because they feared they would test positive. There may be a different type of drug test that he can take to satisfy the agent and prove he hasn't used drugs at all. He is entitled to a probation violation hearing, where he would get the opportunity to present his side of the story. Also, it's possible that the judge would give him the benefit of the...

    5 lawyers agreed with this answer

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  2. Do I have to to check yes on applications? Where it ask are you convicted of a felony. I want to go see my dad in prison.

    Answered 10 months ago.

    1. Jared Clayton Austin
    2. Philip Matthew Jacques
    3. Mani Khavajian
    4. John Owen Moeller
    5. David B. Carter Jr.
    6. ···
    6 lawyer answers

    I agree with Mr. Austin. You can answer no. The benefit of HYTA is that the defendant gets the opportunity to avoid a criminal conviction. When a person successfully completes HYTA probation, the case is dismissed.

    5 lawyers agreed with this answer

  3. I am being charged with CS DEL/MFG MJ, I am Not Guilty. If I plead not guilty, will they still offer me the 7411?

    Answered about 2 years ago.

    1. Philip Matthew Jacques
    2. Daniel P. Hilf
    3. Joshua Paul Rubin
    3 lawyer answers

    You should speak to an experienced criminal defense attorney as soon as possible. It sounds like you are considering going to court and pleading guilty at your arraingment, which generally speaking, is a terrible idea. If you request a court appointed attorney at your arraignment and qualify, the judge will appoint one. After that, you attorney will have an opportunity to discuss the case with the Prosecutor. MCL 333.7411 is a great deferred sentence program for drug crimes. However, it is...

    4 lawyers agreed with this answer

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  4. What is the deal with no alcohol on probation?

    Answered 10 months ago.

    1. Frank B. Ford
    2. John Freeman
    3. Philip Matthew Jacques
    4. Jared Clayton Austin
    5. Robert M. Herz
    6. ···
    6 lawyer answers

    I agree with the previous answers. It's a standard condition of probation. While it's possible to have it modified, it isn't likely.

    4 lawyers agreed with this answer

  5. Im amother of three trying to get a job and cant becouse i was charged wt an attemed to dilvery of vicidon. wenty eight pills an

    Answered 10 months ago.

    1. Philip Matthew Jacques
    2. David B. Carter Jr.
    3. Jared Clayton Austin
    4. Gerald R Stahl
    4 lawyer answers

    Because it sounds like it has been more than 5 years since the date of conviction, you may be eligible to have this conviction expunged or set aside. But generally you can only do so, if it is your only criminal conviction. You should consult with an attorney in your area.

    4 lawyers agreed with this answer

  6. I was present during a drug bust. I was not charged with anything but they seized $1000 of my money. Can I get it back?

    Answered almost 2 years ago.

    1. Daniel P. Hilf
    2. Philip Matthew Jacques
    3. William A. Jones Jr.
    4. Frank Mascagni III
    4 lawyer answers

    I agree with the prior answers. Also, you generally have 20 days from the date you were served to post the bond and contest the forfeiture (MCL 333.7523), so if you intend to fight it, you should contact an attorney immediately.

    4 lawyers agreed with this answer

  7. How much time for being with someone that committed a felony robbery without a weapon if you didn't know

    Answered about 2 years ago.

    1. Philip Matthew Jacques
    2. J. Randall Secontine
    3. James Regan
    4. Daniel P. Hilf
    5. David Brian Snyder
    5 lawyer answers

    There are too many unknown fact to be able to answer your question. If someone aids or assists another in the commission of a crime, they are as liable as the individual who actually committed the offense. I agree with the above post, you need to hire an experienced criminal defense attorney immediately.

    4 lawyers agreed with this answer

  8. Bogus felony warrant on me now for a misdemeanor warrant that was cleared 9 mos ago. How do I fix this without going to jail?

    Answered almost 3 years ago.

    1. Philip Matthew Jacques
    1 lawyer answer

    MCR 6.310(C) governs withdrawing a guilty plea after sentencing and states that a defendant may file a motion to withdraw his/her guilty plea within six months of the sentence. After that time period, it is very difficult to withdraw the plea. Your lack of legal counsel at the time of the plea is a factor that could assist you in successfully withdrawing the plea. I suggest that you contact a criminal defense attorney as soon as possible. Because this was a misdemeanor case, the felony warrant...

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  9. Husband in prison for homicide charge was carjacked and shot carjacker in self defense since 2008 on a 12 year sentence.

    Answered 6 months ago.

    1. Jared Clayton Austin
    2. Philip Matthew Jacques
    3. Robert J. Baker
    4. Zaheer A Shah
    5. Jay Scott Finnecy
    6. ···
    6 lawyer answers

    You should consult with an experienced criminal appellate attorney.

    3 lawyers agreed with this answer

  10. I've already used a 74.11 diversion can I use a HYTA this time?

    Answered 10 months ago.

    1. Timothy J. Klisz
    2. Becket J. Jones
    3. Jared Clayton Austin
    4. David B. Carter Jr.
    5. David Gaylard Moore
    6. ···
    8 lawyer answers

    Yes, assuming you are eligible for the HYTA program, you may be able to take advantage of it. But as some of the attorneys stated, many judges won't give someone the benefit of a deferred sentence program like HYTA if they've already received a similar benefit. You should hire an experienced criminal defense attorney.

    3 lawyers agreed with this answer