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William J. Maze
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William Maze’s Answers

32 total

  • I am looking to get a revoked license reinstated, what will I need to do before I apply?

    I had a license suspended for an OWI in the state of Michigan approximately 4 years ago. Not too long following I recieved a DWLS, and my license was revoked. I am looking to apply to get my license back so that I can attend college out of town,...

    William’s Answer

    From http://www.michigan-drunk-driving.com/drivers_license_restoration/michigan_license_restoration.html: "To satisfy the DLAD, a person must provide a positive alcohol evaluation, and they must show that they have a) stopped using alcohol, b) successfully completed alcohol therapy, c) regularly attend a support group such as Alcoholics Anonymous, d) produce letters from family and friends showing a change in lifestyle and impact from being alcohol-free, and e) show a reason and need to drive."

    You can do this on your own, but I highly recommend calling a lawyer.

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  • Return of firearms?

    I had a welfare warrant issued on me while I was in treatment for suicidal idealization, not an attempt. Anyway in my vehicle I had two firearms cased and unloaded for legal transportation. Now these firearms are in the procession of the police. H...

    William’s Answer

    Apparently my last answer was found to be "objectionable." You need to file a claim and delivery action against the police. These cases come up all the time in connection with mental health as well as domestic situations. The police prefer to seize weapons and sort out issues later. Maybe that's a good policy, but I don't know of any police agency that returns weapons after the seizure. So you have to sue them. You can try to talk to the prosecutor, but if you're in Livingston County, I don't see that working out.

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  • Can I be convicted?

    I cussed out my neighbor 2 years ago. She recorded it. I have had no contact with her since. Last week she got mad because I reported her dog barking and she played the tape for the police saying it had just happened-sometime in the last few week...

    William’s Answer

    No, they cannot, and the amount of time since this event occurred has nothing to do with it.

    A disorderly person is defined under MCL § 750.167. You can look the statute up online at http://legislature.mi.gov/doc.aspx?mcl-750-167 Under the Michigan Rules of Professional Conduct 3.8, the prosecutor must have probable cause to believe that you violated the statute in order to proceed, and there is nothing under the statute that proscribes cussing out your neighbor. Moreover, the cursing in public statute was struck a few years ago with the "cussing canoeist" case. So... unless you threatened your neighbor with real tangible threats, or your conduct rose to the level of "fighting words," the complaint isn't worth the paper it's written on.

    Fight the case.

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  • A coworker blew the same that I did and got a lighter sentence. She was in a different county, isn't that discrimination?

    I blew a .18 and so did a coworker of mine but she was pulled over in a different county. I have no criminal record, never even have ever received a traffic ticket before. I rcvd a heavier fine and 8 months more probation than she did. How can ...

    William’s Answer

    Whether or not you were guilty, you didn't have to plead guilty. The nice thing about our system is that you don't have to admit your guilt. How you feel and what the objective evidence might have been in your case might be two totally different things. Unfortunately, you didn't know how harsh the judge would be in your case. It also sounds like you were you too tough on yourself and never considered actually challenging the case because you felt like you were guilty.

    If you ever find yourself on the other side of the fence in the future, where you're sitting as a juror, consider your own experience and lean heavily in favor of voting not guilty.

    I'm sorry this has been a terrible experience for you, but no matter how tough the judge might have been, you'll pull through in the long run.

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  • Do I need a criminal lawyer?

    I am being charged with retail fraud third degree. When it happened the police did not say anything and they did not give me a citation. A few weeks later I received a letter in the mail to turn myself in. My mom wants me to go to the store and...

    William’s Answer

    If it's a mom & pop shop, you should be fine if you follow your mother's advice. As a parent, I'd make you do it anyway. But if it's Meijer's or another major store... no. Too many people shop-lift and get away with it, and it costs these major chains money. You've probably done this many times, so you face the axe at this point. You have to pay a lot of money to the court, maybe some money to the store, and a lot of money to your attorney because you're a thief. Oh, and you'll be on probation, too.

    You should be able to get out of this with a clean record, so long as you play the game and do what's right. On the other hand, I've had clients take a plea that will keep it off their record and proceed to continue shop-lift. They don't do as well, and their attorney fees are even larger. The choice is yours, my friend... Pay a couple of bucks for what you want, or get caught on occasion and pay thousands to me. Your call.

    --William Maze

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  • My friend was not caught shoplifting but is scared he will be caught in the future

    My friend recently purchased two pillows from a furniture/general need store. They ended up not liking them and wanted different ones. They went to return the pillows to a different store. For some idiotic and stupid reason, they only took one pil...

    William’s Answer

    Your friends weren't caught and they returned the merchandise. Guilt is what makes the system work. Yes, they were wrong. Tell them to go to confession. But meanwhile... the store doesn't care and didn't catch them. Tell them to never do this again. It's stupid, and attorney fees will run them a couple thousand compared to the $10 pillow they might seek to steal in the future.

    If they have life insurance, point out that they pay hundreds of dollars every year on the chance that they might die. They will pay a boat-load if they are caught trying to steal a cheap-ass pillow.

    --William Maze

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  • A coworker blew the same that I did and got a lighter sentence. She was in a different county, isn't that discrimination?

    I blew a .18 and so did a coworker of mine but she was pulled over in a different county. I have no criminal record, never even have ever received a traffic ticket before. I rcvd a heavier fine and 8 months more probation than she did. How can ...

    William’s Answer

    Next time, you should hire a DUI lawyer. I am a real DUI defense lawyer, and you can check me out at www.DUImaze.com. I went to The Citadel, a military college down in South Carolina. You may have heard of it. The Lords of Discipline was based upon the author's experiences there.

    What you are doing is quibbling. We weren't allowed to engage in quibbling at The Citadel, which is sort of a half-assed excused and partial lying.

    If you were guilty, you have to accept what Judge Roy Bean gives you. If you weren't, as we said at the Citadel, "Suck it up." After all, you were the one who admitted guilt. But now? You're quibbling over the degree of your time-out like a 5 year old.

    Keep in mind that I'm you're best friend on a DUI case. But you made the mistake of pleading guilty, my friend. So suck it up.

    --William Maze

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  • What is the different betwwen hyta prison and hyta boot camp? What is the program in hyta prison.

    my son is going to hyta prsion i just want to know what the differents are between prdion and boot camp

    William’s Answer

    Tim's advice is spot on.

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  • Judge Christensen pulled his plea bargain twice on me . Should i fill out the judicial qualification complaint form on him?

    Should I let the news know about his lack of integrity? Perhaps Picket the court house with 1000 people? He made a deal with me on court record twice and backed out on his deal twice. I believe it is all recored.

    William’s Answer

    BTW, Nathan... posting answers to questions in another state does not give you bonus points. AVVO gives nothing for posting answers, so stick to your state and your practice area.

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  • Judge Christensen pulled his plea bargain twice on me . Should i fill out the judicial qualification complaint form on him?

    Should I let the news know about his lack of integrity? Perhaps Picket the court house with 1000 people? He made a deal with me on court record twice and backed out on his deal twice. I believe it is all recored.

    William’s Answer

    Are you talking about the SSA judge? There is no other Judge Christensen in Michigan that I know of...

    And, if so... should you post a criminal defense forum question? He backed on a deal? I have no idea what you're talking about, but my secretary does a great job sending questions like this to voicemail.

    Bottom-line: You want to take on the judge? You better know what you're doing or check yourself at the door. If you're not crazy, post a question that makes sense with some details.

    --William Maze

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