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Scott Christopher Kozak

Scott Kozak’s Answers

6 total

  • What should I do if I failed a breathalizer? (Im currently on probation for a 2nd DUI and this is the second time failing)

    I have been on probation for a year and a half already.

    Scott’s Answer

    Remember that an OWI 2nd carries a 1 year maximum. That maximum continues to hang over you while on probation. Presuming that your breath tests are a condition of your probation, the court is likely to show cause you for violation of probation for positive tests as well as continued alcohol use. Given you exposure to significant jail time, it would be in your best interests to consult counsel on how best to mitigate your circumstances.

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  • Oakland County Michigan- Can my probation be extended if I still owe restitution?

    I was charged with 2 marijuana felonies in Oakland County MI - I did 2 months jail time and 2 years probation, over next week. I still owe about 4200.00 in restitution- can they extend my probation for that - I have had NO violations and have paid...

    Scott’s Answer

    • Selected as best answer

    In theory, they can absolutely extend your probation based on outstanding restitution. I presume that a portion of that amount is owed to the court in reimbursement for court costs, attorney fees, etc. and the county will be interested in collecting that. Except in limited circumstances, the judge has up to five years to keep you on probation, and collection of money is often used as a reason to do so. Your apparently regular payments as well as the short time period left certainly bode well for you, though. If probation wanted to extend you administratively or file a violation for failure to pay they typically would have done so already. It would be worthwhile to talk to your agent about alternatives to extension--consent judgment, wage assignment, etc--that will remain active after termination. If they extend you or file a violation you should absolutely speak to counsel about your options and potential solutions.

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  • I need someones help I dont know what to do..

    Just turned 17 a week ago and my girlfriends parents found out we had sex,she is 14 but I never made her do anything she didnt want to do...it was always up to her,im not blaming anything on her but im not blaming anything on myself either...they ...

    Scott’s Answer

    I agree with Alisa here. You need to stop seeing her immediately, particularly given your respective ages. Just as in any other case, the specific facts will determine the result, but you may have already exposed yourself to criminal charges. You will certainly do so if you continue a sexual relationship with this girl. In the meantime, you need to consult one-on-one with an attorney to get a better opinion.

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  • What can happen if you are charged with armed robbery but there is no evidence of a gun or stolen property?

    only evidence is the victim!

    Scott’s Answer

    In the end, a good answer to your question depends on an attorney's thorough review of the discovery materials involved as well as any individual factors of the defendant. Although evidence of a weapon and stolen property are typical in the average armed robbery case, the prosecutor can certainly proceed with charges based solely on the alleged victim's testimony, regardless of the apparent strength or weakness of the case. In the end, several outcomes are possible, and a good attorney can explain each of those potential outcomes.

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  • First time on probation for a year for assult and battery, after the 3rd month I failed my drug test with THC Will I go to jail?

    I'm 17 years old and I was in jail for 2 weeks for assult and battery at the Oakland county jail

    Scott’s Answer

    Noting your location and presuming that you are reporting in that locale or a surrounding one, any violation of probation, particularly involving drug use puts you at risk for jail time. Certainly, treatment programs and private counseling can help, but you should be prepared. Be sure to note the date of your last use and to have the testing agency check the levels of THC in your system so you can show the Court that the levels are falling. Of course, it is always a good decision to retain counsel to address your specific issues.

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  • Will the court make me drop at my first hearing for a possession of marijuana charge?

    I have no criminal record and I'm 19.

    Scott’s Answer

    Remember that while on bond for any criminal matter, the court may require testing as a condition of your bond and may indeed test you at your pretrial date. Although it depends on your particular judge, many judges will ask you the date of your last use and/or whether you will test positive. Best to be truthful. If you indicate you are negative, the judge may order the test anyway. If you lied, he/she could revoke your bond and have you reside in the county jail while the case is pending.

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