James Warren Amberg's Answers

What do you do if you cant afford a lawyer but the court appointed lawyer does nothing?

Given the simple fact your brother is in Oakland County, I would highly recommend trying to pull as much money together as you can and hire a good lawyer. I can't even begin to describe how many cases I get retained on that I take over at the circuit court level when the court-appointed counsel waives the client's exam at the district court level and files no motions and trial is in a few weeks. Oakland County is a very unfriendly place for criminal defendants and it doesn't help that there...

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Miranda issue

Having won Miranda motions throughout Michigan courts, the answer to your question comes down to whether the possible suspect was actually arrested by the police or did the police simply ask the person to come down to the station to answer some questions and the person voluntarily complied. In Michigan, Miranda cases generally come down to the issues of whether there is custodial interrogation and whether a reasonable person would feel free to leave. If the suspect was arrested and Miranda...

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My son has an outstanding warrant

Assuming that the warrant issued is for some type of probation violation, my advice is to immediately contact an attorney to set up a voluntary surrendering of your son. He needs to appear to set aside the warrant and answer for his probation violation. Representation of a defendant for a probation violation is more about creativity than hammering legal points. Because the burden of proof is lower in a probation violation than a trial, generally most people plead guilty (although lately...

What are your rights for being a suspect in a criminal case? Should he get a laywer?

Although I am not a Pennsylvania Attorney, here is what your father needs to do immediately. First, stop all communication with the Detectives, immediately. The old saying of "anything you say can and will be used against you" is very true, no matter how nice the Detective may be. Second,call an experienced local criminal defense attorney and meet with him or her as soon as possible. Third, any time a polygraph is used as a defense, a private test should be performed first, so don't take...

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POSSIBLE RESULTS OF NOT ANSWERING A PINK SUMMONS FOR PUBLIC URINATION

Although i am not a New York attorney, my advice would be to call the court and find out what is the status of your case. Unfortunately, placing summon's notices in your junk drawer does not make cases go away. If this is a misdemeanor charge, you likely have a bench warrant out for your arrest. Of course this means that in the event you are pulled over for a traffic ticket and the police run your license, you may be in for a surprising trip to the local jail. However, this can be avoided...

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