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Daryl J. Wood

Daryl Wood’s Answers

39 total

  • 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?

    This is his first offence, he is in his second year of college ,where he is maintaining a 3.0 average. He is working in construction. He is going to college to be a teacher. He made a mistake trying the easy way to make some extra money during sum...

    Daryl’s Answer

    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.

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

    She was In her room with friends. Ra came by because music was too loud. Smelled the alcohol and called the police. We are 3 hrs away from her and don't have funds for a lawyer. In What type of situations does it make sense to just pay the fine?

    Daryl’s Answer

    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.

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  • Is coviction possible and how

    My 65yr old aunt who holds a 100% clean record is being charged with rec/conc stolen property. She befriended a neighbor and the became close. The neighbor gave my aunt her housekey to have a spare for "ice". Neighbor calls aunt to take her to H o...

    Daryl’s Answer

    Is a conviction possible? Yes. The doctrine the Prosecuting Attorney will be using is one of constructive possession. Since your aunt is the owner of the house, she is in constructive possession of the contents of the house. The gray area to this question is whether she still had access and control of the son in laws bedroom.

    Your aunt should look to retain a good attorney to help her through this criminal charge.

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  • Is there anyway to get my license

    I drove when I was 17 two months before I turned 18 and now im 19 about to be 20 in two months and I got a ticket I have paid the ticket but secretary state said I cant get my license until 2015 in october is there any way I can get my license I n...

    Daryl’s Answer

    Unfortunately, you can not apply to get a license if you have had 2 offenses within the 36 months prior to your application. There is no avenue available to you in the court system to bypass this waiting period.

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  • Typical sentence for growing 2 plants of Marijuana?

    I am aware the maximum is 4 years for 20 plants and under, but what would be a best guess for someone caught growing 2 plants. Has the court been known to go more lenient with such a small bust or what. I am asking for a friend that just got buste...

    Daryl’s Answer

    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.

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  • What does "PET/ORDER OF PROBATION DISCHARGE" mean

    7411 status was revoked, discharged from probation as a violator according to court docket

    Daryl’s Answer

    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.

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  • How can i get my brother transfered to ohio to face his felony warrent?

    I have a brother who is serving a 6 year sentence in Michigan an we just found out recently that he has a warrant for felonious assault in Ohio. I would like to know how i can get him transfered outheir to get everything taking care of before he ...

    Daryl’s Answer

    I am not licensed to practice law in Ohio, but in Michigan the Court and the prosecuting attorney must be put on notice of your location in order for the speedy trial provisions to be activated. Without notification to them from the Michigan Department of Corrections, there may be a problem.

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  • Why is it that the state of Michigan puts a hard suspension on ones license for a second possession of marijuana charge?

    I got my license suspended on Oct 13, 2013 after getting my second possession charge. I wasn't even driving at the time. I went to appeal the suspension so that I could drive to and from work, 7 days before I was supposed to get it restricted i go...

    Daryl’s Answer

    Since your license only appears to be suspended, you may be eligible to petition the circuit court for a restricted license on the basis of financial hardship. You may need a substance abuse evaluation and a drug test, but you can ask the court for a restricted because of the lack of public transportation available for you get back and forth from your obligations.

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

    Last weekend I was picking up some friends in Royal Oak at 3am in the morning. I stood at 4th Street corner Washington for 2 minutes in order for them to get in. Just in that moment the police stopped and gave me a ticket for impeding traffic. Sho...

    Daryl’s Answer

    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.

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

    I know it wasn't my fault and I believe that the guy really ran a red light. witnesses told me that it was all the other parties fault but yet the police officers said that it was mine and said that all the witnesses said it was mine.. I believe t...

    Daryl’s Answer

    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.

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