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Philip Matthew Jacques

Philip Jacques’s Answers

36 total

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

    How can my husband get sentence reduced-- He has been filing motions. Please help! Thank you!

    Philip’s Answer

    You should consult with an experienced criminal appellate attorney.

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  • I am an Illinois driver and plead guilty to reckless driving in michigan, my question is 1. what will illinois do about this

    conviction and question 2 i paid a $500 fine and $125 in court cost am i still allowed to drive in michigan or do i have to wait 90 days”

    Philip’s Answer

    As a result of the conviction, your ability to drive in Michigan will be suspended for 90 days. The State of Illinois may take independent action on your driving privileges as well. You should speak to an Illinois attorney.

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  • First time ever getting trouble.

    what happenes when you are 18 and you get caught stealing from a store. the cops are called and I went to jail. this is my first time ever getting in trouble trouble.

    Philip’s Answer

    As one of my colleagues already stated, it sounds like you're eligible for a deferred sentence under HYTA. That program is a great opportunity, but you don't have a right to participate in it. You should speak to an experienced criminal defense attorney in your area about the case.

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  • What will happen at my expungement hearing?

    My hearing is in a few days and I am curious as to what will go on. My attorney hasn't informed me. Do I need to bring any documents? I am preparing my speech for the judge but what exactly should I say? As a female, is it appropriate to wear blac...

    Philip’s Answer

    You should discuss all of these issues with your attorney, before appearing in court. Even some of the small details, like your attire, may be important.

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  • How do I get my license fully reinstated after completing the interlocking program i had a hearing to get my restriction license

    i was convicted in aug of 2006, went a 2 yrs w/o a license. applied for restricted license w/interlocking device. completed that in 2010 and have been on a restricted license since then. after completing i received a michigan temporary operator li...

    Philip’s Answer

    As the other attorneys stated, this is a difficult area of the law. It sounds like you may be eligible for full reinstatement. Please keep in mind that being eligible doesn't mean that you will get a full license. You should consult with an attorney who is experienced in this area of the law. I suggest you get a copy of your driving record from the Secretary of State and provide it, along with your other paperwork, to the attorney.

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  • Could i get a expungment in mich with arson / insurence fraud/false report of felony

    Was found guilty of all three . I didn't testify as my lawyer wasn't that good and it was all here say from the prosecutor . It been four years and i know i have to wait five .

    Philip’s Answer

    No. In Michigan, you can expunge almost any criminal conviction if it is your only criminal. Unfortunately, he fact that you have multiple convictions makes you ineligible to expunge any of them.

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  • 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.

    I was places on hyta probation for felony assault with a deadly weapon. As well as ethnic intimidation. Completed hyta

    Philip’s Answer

    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.

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  • Should I expect charges if I was released without citation or booking?

    I was very intoxicated and walking home from a bar. I was accused of borrowing a stranger's cell phone to use and not returning it. I had no recollection of the event and no idea where his phone was. The accuser called the police and they put me i...

    Philip’s Answer

    If the officer released you without getting your personal information, you probably won't be charged with a crime. That being said, the officer doesn't have to issue you a citation or arrest you. For misdemeanor offenses, if they have your name and address, the prosecutor can file criminal charges and have the court send you a notice of hearing.

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  • Missed drugs test on probation help?

    My brothers probation officer is currently trying to send him back to jail. He has been testing when required however the organisation (jams) who put the drug tests on line have put incorrect information and he did not know he had to drug test on ...

    Philip’s Answer

    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 doubt (that it was a JAMS issue) if he hasn't previously had problems on probation. Regardless, he should consult with an experienced criminal defense attorney.

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

    In 2013 i used a 74.11 to avoid a poession charge, now in 2014 i recieved a usage ticket. Can i use a HYTA diversion this time?

    Philip’s Answer

    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.

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