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 7 months ago.

    1. Daryl J. Wood
    2. Jared Clayton Austin
    3. Geoffrey K. Rettig
    4. Cindy Mannon
    4 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.

    5 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 8 months 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.

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

    Answered 7 months ago.

    1. Jared Clayton Austin
    2. Daryl J. Wood
    3. Shawn James Haff
    4. Cindy Mannon
    4 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.

    2 lawyers agreed with this answer

  4. Do i have to Random drug test?

    Answered 8 months 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

  5. Is coviction possible and how

    Answered 7 months ago.

    1. Allen M. Wolf
    2. Brian Joseph Prain
    3. Daryl J. Wood
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  6. Typical sentence for growing 2 plants of Marijuana?

    Answered 8 months 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

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

    Answered 8 months 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

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

    Answered 8 months 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

  9. 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 8 months 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

  10. What makes an arrest warrant valid?

    Answered 8 months 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