Daryl J. Wood’s Answers

Daryl J. Wood

Farmington Hills Criminal Defense Attorney.

Contributor Level 7
  1. My nephew is 19,he was arrested for delivering an ounce of pot to an under cover police officer. Does he qualify for HYTA law?

    Answered 2 days ago.

    1. Daryl J. Wood
    2. Jared Clayton Austin
    3. Geoffrey K. Rettig
    3 lawyer answers

    He qualifies for HYTA if he does not have a prior record and is between the ages of 17 and 21. The case law states the Judge has the power to grant HYTA even if the prosecutor objects to granting HYTA.

    3 lawyers agreed with this answer

  2. I am on the sex offender list for a misdemeanor offense. I am listed as a tier 3 offender. Can I be removed from that list?

    Answered about 1 month ago.

    1. Daryl J. Wood
    2. Matthew Oberlin Williams
    2 lawyer answers

    You are eligible for an expungement in the State of Michigan but that will not currently have an impact on your need to continue with Sex Offender Registration. Unfortunately, there is not an option for you to petition for removal from the list until you have been on it for 25 years.

    Selected as best answer

  3. Do i have to Random drug test?

    Answered about 1 month ago.

    1. Daryl J. Wood
    2. Tony Anthony
    2 lawyer answers

    I would contact the probation officer to determine if there is a closer testing facility to your location. It is hard to believe there is not a closer testing location. If that fails, I would suggest you take the drive, because if you can not get the probation officer or the judge to authorize another alternative, they will violate your probation.

    2 lawyers agreed with this answer

  4. My daughter received and MIP. Everyone pushes the deferred judgement and probation. When does it make sense to not do this

    Answered 2 days ago.

    1. Jared Clayton Austin
    2. Daryl J. Wood
    2 lawyer answers

    About the only time a person should not accept the deferred judgment and probation is when there is a potential legal challenge to the search and seizure. Or if there was a way to suppress the observations from the officers, because they were in a place they had no right to be. Most often theses cases are resolved with deferred judgment.

    1 lawyer agreed with this answer

  5. Typical sentence for growing 2 plants of Marijuana?

    Answered 23 days ago.

    1. Daryl J. Wood
    2. James R. Schimanski
    3. Becket J. Jones
    4. Patrick W. O'Keefe II
    4 lawyer answers

    The typical sentence for growing 2 plants of marijuana is most dependent upon the sentencing judge. Most Judges will grant probation to small grow operations, but some jurisdictions and Judges take a hard line on this kind of activity.

    1 lawyer agreed with this answer

  6. What does "PET/ORDER OF PROBATION DISCHARGE" mean

    Answered 23 days ago.

    1. Daryl J. Wood
    2. Jared Clayton Austin
    2 lawyer answers

    It means Petition and Order of Probation Discharge. This is the document discharging the person from probation and revoking the 7411 status. This means a conviction will enter and the person will have their driving privileges suspended for 6 months with no driving during the first 30 days and a restricted license for the last 5 months.

    1 lawyer agreed with this answer

  7. Pay impeding Traffic ticket for stopping for 2 minutes to pick some people up?

    Answered 29 days ago.

    1. James S. Lawrence
    2. Daryl J. Wood
    3. Patrick W. O'Keefe II
    3 lawyer answers

    For many people that have good paying jobs, you will lose more money from lost wages then you could potentially save by contesting the ticket. There is the possibility that you could lose your court fight, still be out the court fees and lose your wages. I would recommend you pay the ticket.

    1 lawyer agreed with this answer

  8. I was in a accident. They hammered me with the ticket for failure to yield and no license ever what will be the consequences?

    Answered 29 days ago.

    1. Daryl J. Wood
    2. Tony Anthony
    2 lawyer answers

    Failure to Yield is a civil infraction punishable by a fine and 2 points on your driver's license. No License Ever Acquired is a 2 point 90 day misdemeanor that could include fines, costs, probation, jail and/or community service. If convicted of both offenses, you would only receive 2 points total. However, the offenses would potentially prevent you from being able to apply for a license for 3 years.

    1 lawyer agreed with this answer

  9. What makes an arrest warrant valid?

    Answered 29 days ago.

    1. Daryl J. Wood
    2. Patrick Michael Pekin
    2 lawyer answers

    Arrest Warrants are different from Search Warrants. An Arrest Warrant is issued upon information and belief that a criminal act was committed. An arrest warrant is issued upon probable cause that evidence of a criminal act will be found at a designated location. Arrest Warrants do not typically have affidavits filed with the court.

    1 lawyer agreed with this answer

  10. Someone who is on probation, commits a drive by shooting, conspiracy just the driver, be charged the a CCW with the shooter?

    Answered 29 days ago.

    1. Michael A. Liquigli
    2. Daryl J. Wood
    3. Patrick W. O'Keefe II
    4. Tony Anthony
    4 lawyer answers

    CCW is knowingly possessing a weapon within a motor vehicle without a lawful right to do so. It is possible if the prosecution can show that you were aware of the presence of the gun for you to be charged with CCW.

    1 lawyer agreed with this answer