Matthew A. Zick’s Answers

Matthew A. Zick

Flat Rock Criminal Defense Attorney.

Contributor Level 5
  1. How many points are these tickets?

    Answered 4 months ago.

    1. Matthew A. Zick
    2. Frank B. Ford
    3. John F. Brennan
    3 lawyer answers

    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...

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  2. I was arrested for dui in detroit 2 years ago and my license was taken but no case has been filed.

    Answered about 3 years ago.

    1. Matthew A. Zick
    2. Robert M. Alonzi
    3. Andrew Charles Lapres
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    To get your license back you have to have the arresting agency clear the 625G permit that you were issued when you were arrested. In Detroit the arrest could have likely been made by DPD, Wayne County Sheriff or Michigan State Police. Have your atttorney contact the appropriate agency and the dept. (usually a command officer) has to send a notice of non-prosecution to the SOS to get the 625g permit terminated at which time you will be eligible to go and obtain a new picture license at a SOS...

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  3. Is ewop a felony or misdemeaner

    Answered 4 months ago.

    1. Matthew A. Zick
    2. Robert Jason De Groot
    3. Jared Clayton Austin
    3 lawyer answers

    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...

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  4. Criminal Record

    Answered almost 3 years ago.

    1. Matthew A. Zick
    2. Steven R. Simkins
    3. Andrew Charles Lapres
    3 lawyer answers

    You indicate you were sentenced on a reduced charge of a noise violation pursuant to MCL 771.1. That is the delayed sentence statute. There is a critical distinction between the delayed sentence statute and the deferred sentence statutes (e.g., MCL 333.7411 for drugs or MCL 769.4a for domestic violence). Under the delayed sentence statute (771.1) it IS treated as a conviction during the probation period. If you successfully complete the terms and conditions, the Prosecutor will move for...

    2 lawyers agreed with this answer

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

    Answered 4 months ago.

    1. Parvine P. Ghandchi-Boji
    2. Matthew A. Zick
    3. Shashi S Jairam
    3 lawyer answers

    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 (...

    1 lawyer agreed with this answer

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

    Answered 4 months ago.

    1. Jared Clayton Austin
    2. Matthew A. Zick
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  7. 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

    Answered 4 months ago.

    1. Jared Clayton Austin
    2. Marshall S. Tauber
    3. Matthew A. Zick
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 5 months ago.

    1. Marshall S. Tauber
    2. Jared Clayton Austin
    3. Becket J. Jones
    4. Matthew A. Zick
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 5 months ago.

    1. John F. Brennan
    2. Loren M. Dickstein
    3. Timothy Michael Hartner
    4. Matthew A. Zick
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  10. Can you plead down an mip charge

    Answered about 3 years ago.

    1. Matthew A. Zick
    2. Timothy Edward Kalamaros
    2 lawyer answers

    Presuming that the first offense was taken under the deferred sentence statute for MIP cases [MCL 436.1703(3)], the statute specifically bars another an individual with a prior case from availing himself of the statute a second time. Although a plea to a non-MIP offense may be possible (e.g., Dist. the Peace or Disorderly Conduct) the plea will likely be to a 90-day misdemeanor. Any misdemeanor, even a non-MIP conviction, can (and probably will) result in a violation of probation on the 1st...

    1 lawyer agreed with this answer