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Matthew A. Zick

Matthew Zick’s Answers

14 total


  • How many points are these tickets?

    I am 17 and have 2 tickets prior to this. The tickets were a speeding ticket and failing to yield. Just the other day, after a lot of snow was layer down I drove through a sub and hit my brakes which caused me to hit a fire hydrant. I got a ticke...

    Matthew’s Answer

    • Selected as best answer

    If you are 16, I'm assuming that you have a GDL (Graduated Driver's License). You must go 12 months accident/conviction free before you can be promoted to a Level 3. More importantly, upon conviction for an offense that has points you will receive Driver Improvement (DI) correspondence as you stated you already have 4 existing points on your record. You will likely be brought in for a Drivers Reexamination hearing with a Sec. of State analyst and your license will be suspended for a period of time due to having an Unsatisfactory Driving Record (UDR) during your probationary license period.

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  • Is ewop a felony or misdemeaner

    Cousin was charged with felony

    Matthew’s Answer

    EWOP (Entering Without Permission) can be charged as a Felony under certain circumstances. It is MCL 750.111. The statute provides, "Any person who, without breaking, enters any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, shipping container, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00."

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  • How am I supposed to do my drug testing? Am i on probation? Can I get my probation dropped?

    I have no previous offenses, and was sentenced to the 7411. Probation, random drug tests, and C-Sam classes. Here it is a month later and the court has still not filed my paperwork. Am I on probation? I have called the offices and they said the pa...

    Matthew’s Answer

    You state that you were sentenced to 7411 status but "...the court has still not filed my paperwork." I'm not clear what "paperwork" you are referencing or whom you think it was supposed to be filed with by "the court". Generally, once you are sentenced before the Judge, you immediately report to the Court's probation dept. where you are given a written Order of Probation outlining your terms and conditions of your 7411 status. Many courts will then set up an Instructional Appt. for another day for you to meet w/ a Probation Officer to go over your Order of Probation terms with you and set you up with any programs (such as C-Sam classes) that you were ordered to attend. It should be noted that you are on probation from the moment you are sentenced by the Judge. The terms and conditions of the Order of Probation are effective even before your Instructional appointment with the probation officer.

    You inquired, "Do I keep contacting them to get a probation officer or can I just get it all dropped?" The answer is that you need to contact the probation dept. (most likely in person) and straighten out the confusion. The case does not get "dropped" because of some apparent confusion/miscommunication. You want to get this on track before you miss a class and/or a drug test and end up with a violation of probation.

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  • How do I have a bond with no charges?

    I left my kids unattended in vehicle for 20 mins or less and was arrested. I have no prior arrests or records I spent 48hrs in jail and my dad got me an attorney and I was released on a 400 dollar bond. There are still no charges filed against me ...

    Matthew’s Answer

    A bond posted at the police dept. pending arraignment before the Judge is referred to as an Interim Bond. I agree with counsel above, that all questions should be directed to your attorney whom is working on your behalf. The attorney sounds to have the situation well in hand and can handle any issue of return of the bond AFTER dealing with the issue of whether or not charges will be filed.

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  • Whats the chances of actually being sentenced to real jail/prison time after recent arrest?

    My ex was just arrested over the weekend and was on probation in two separate counties...a 3rd DUI misdemeanor 18 month probation sentence in one county and a Felony Weapons charge (Dangerous Weapon/Carrying with unlawful intent) with the other 4 ...

    Matthew’s Answer

    Judges generally take a dim view of someone incurring new arrests/charges while on probation. The Judge on each case he is currently serving probation could very well put him in jail and the Judge on the new case may very well say enough is enough and put him in jail upon conviction of the new cases. It should be noted that often a person will try and get the time served concurrently. Thus, if the defendant plead to the new case and was sentenced to jail and was then violated on his probation (by one or both of the other courts) the defendant would request that any jail time for his violation of probation (vop) run at the same time (i.e., concurrent) as the time he has to serve on the new conviction.

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  • Getting sentenced to 36 months to 15 years for csc 3rd degree. How much time will he serve? No prior record.

    Charged with 3 counts of csc 3rd degree assault and batt misd. and distributing porn to minor. pleading to 1 count of csc 3rd degree and assault and batt. He has spent the last 3 months in county jail. Will he at least spend 3 years before re...

    Matthew’s Answer

    Although a prisoner will become eligible for a parole hearing after serving his minimum sentence (in this case, 3 years), the likelihood of a sex offender being approved for release at the first hearing is relatively low. From the Michigan Dept. of Corrections (MDOC) website, "Sex offenders do not easily gain parole. About 14 percent are paroled at their earliest possible release date compared with 47 percent of all offenders and 72 percent of all drug offenders." In particular, prisoners whose cases involved children are the least likely to obtain parole. The MDOC website states, "In particular, those offenders with prior sex offenses who prey on children are not likely to get a parole; they have to demonstrate they fully understand their deviation, what triggers it and how they plan to avoid circumstances that trigger it"

    One of the reasons that sex offenders often are turned down at the time of their parole hearing is that they have not yet successfully completed the MDOC's mandatory one year sex offenders treatment program. If the prisoner has not successfully completed the rehab program then parole will be denied. When a prisoner flops (is denied parole) they have to wait another year for the next hearing. I hope this information was helpful and good luck to you and your family.

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  • I'm on probation for dv. The terms of completion, it will be dismissed as if it never happened. Can I get my gun back at the pd

    There was no physical action. It was am argument between my wife and I. I have completed all terms and just doing the time of probation now

    Matthew’s Answer

    As noted above, these cases are very fact specific. Prosecutors often assert that a seized gun should be deemed forfeited as it was an "instrumentality of the crime" as opposed to simply being present and inconsequential to the conviction offense. A Motion (or a Claim and Delivery action) can be brought to obtain a ruling from the Court on the return of the seized item.

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  • I am fixing to to get my DL reinstated after 2nd DUI in MI.

    Can somebody tell me what to expects when I go in front of commission? i.e. What question will they ask? and what the right answers are. I understand this is a type of legal advice that needs to be payed for, however if someone can put me ...

    Matthew’s Answer

    As noted above, every hearing is different based on the evidence presented. However, you can check out the link for an article I co-wrote a couple of years ago about what to expect at a DAAD hearing. The article was intended for attorneys but it may give you the general perspective you are seeking to obtain.

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  • How much point will be record for my speed tickets? How can I find a way to reduce/waive the point?

    The speed tickets writes 'speed 26 and over limit'.' 74mph in 45 zone' , 'distance: 360.9 ft' at 11:25pm. It's at Hall Dd and Brockton Ave. Just off the highway. I followed the flow and didn't realize how fast I drive. I don't want to have point ...

    Matthew’s Answer

    You stated that this occurred in a posted 45 mph zone. Anything 16 mph+ (i.e., 61 mph or higher) in a posted 45 mph zone is assessed 4 points by the Secretary of State(SOS) on your Master Driving Record (MDR). SOS points stay on your record for two years from date of conviction. Remember, however, that your insurance company has its own point system. As esteemed counsel Loren Dickstein pointed out above, even an abstractable (reporting) violation that is assessed zero points by the SOS can be treated by your individual insurance company as a points violation for their internal purposes. Also, the insurance company will surchage you for a violation for three years even though points drop off (as mentioned above) after 2 years for SOS purposes.

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  • I am on probation and refused a pbt

    i was out with the guys last night, about one oclock i got pulled over for a tail light out, when when the officer approched me, he said the car reaked of alcohol, so he pulled me out and gave me a the test, walk a line, say the alphabet, but then...

    Matthew’s Answer

    Refusing a PBT (in a non-commercial motor vehicle) is a civil infraction. MCL 257.625a2. It has no points and is, in fact, non-abstractable. Thus, there are no license sanctions for this offense. People often confuse the penalties of refusing a PBT with that of refusing a DataMaster (Implied Consent Refusal). An implied consent refusal carries 6 points and a one-year suspension of a person's license.

    Even though def. equipment (taillight) & refuse P.B.T. are both just civil infractions you could still be facing a VOP (violation of probation) on the allegation you consumed alcohol (assuming no alcohol was a term & condition of your probation). At a VOP hearing, a probation officer would only be required to establish the violation (i.e., consumption of alcohol) by a preponderance of the evidence. An officer's testimony that there was a strong odor of intoxicants combined with your performance on the standardized field sobriety evaluations could be enough for a judge to conclude that the burden of proof was met and that you violated your probation. You should contact an attorney to assist you in this matter.

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