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Daryl J. Wood
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Daryl Wood’s Answers

46 total


  • Pretrial hearing even though he pled guilty?

    My sons father is currently in jail in Macomb county for a Dui committed last year in New Baltimore, MI. He has had a bail hearing already where he has pled guilty. He’s already had his psi so he won’t need another one. Our question is why would t...

    Daryl’s Answer

    If he pled guilty already at the arraignment, and the court set the matter for a pretrial, then the Magistrate may not have accepted the plea or been able to accept the plea. Therefore, setting the matter for a pretrial.

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  • Is it legal to purchase a rifle from a licensed FFL dealer if on non-reporting misdemeanor probation in the state of michigan?

    I was pulled over just about 6mo. ago leaving work and i had a pocket knife on my hip.. Immediately i informed the officer about the knife i had on me for work purposes being working at a packaging plant.. Long story short i was charged with posse...

    Daryl’s Answer

    Upon completion of your probationary period, you have nothing preventing you from legally purchasing the rifle. Since the matter was taken under a delayed sentence, it does not count as a conviction and therefore has no relevance to your purchase.

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  • It's been about ten years since my son's second DUI when he lost his license. How can I help him get it back?

    I think things got worse for my son before it got better. His dad was seriously ill and then died a few years later. He has grown a lot over the years. He has his own place of residence and pays all his own bills. He walks to most places and...

    Daryl’s Answer

    Your son needs a driver's license restoration attorney. He sounds like he is doing everything he needs to do in order to get his life back on track. He needs someone now that knows what the Secretary of State needs in order to get him a restricted driver's license.

    I have been restoring driving privileges for 19 years now. Have your son contact me and we can get started.

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  • Can I appeal a misdemeanor sentence ?

    Got charged with improper use of inhalants and am a veteran. In pre trial, police, judge and prosecuting atty all agreed to enter treatment. I was and am still in treatment, but at sentencing, judge did s turn around and sentenced me to 18 months ...

    Daryl’s Answer

    The general rule is you can not appeal a conviction because you do not like the sentence. If there was a procedural error in the plea taking, then you may be eligible to withdraw your plea. Unfortunately, you in a jurisdiction that hands down some of the stiffer sentences in Oakland County.

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  • My court appointed isn't in my best interest.

    On Sept.1st of this year, I was followed for eight blocks by the police around 2 a.m. After the officers followed every turn I made, I became frantic and although I was scared for my life, I still obeyed the signs. Then the officers decided to fla...

    Daryl’s Answer

    The officer was likely running your license plate to find out if you had any active warrants. Once he determined a valid warrant for the owner of the car existed, that fact alone would justify stopping the vehicle. Under Michigan Case Law, even if the officer stops a vehicle for the wrong reason, but a valid reason did exist at the time, the initial stop will be validated.

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  • MCL 750.154a immoral costing

    How come this one guy has accosting for immoral purposes and not ve on a reg sex offender list, how in the world can this be possible for him, the judge did something 13 years ago and he has never reg once. Somethings are left unsaid need to be r...

    Daryl’s Answer

    At the time of the offense, it may not have been required for a person convicted of Accosting for Immoral Purposes. There was a small period of time that particular offense was not mandatory for Sex Offender Registration.

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  • Michigan DAAD hearing for license restoration: Administrative review (by mail) 1st and then in person hearing if needed?

    I am unclear about the rules for these license review hearings. I live out of state and would like to get my license back, but the information I read about this issue is vague and may be misleading. I have read at some websites that if you lose...

    Daryl’s Answer

    If you submit your paperwork for an administrative review and you lose, you can request a hearing within 14-20 days using the same evidence. You will need to travel to Michigan for the hearing, but you should have a hearing date within 2-3 months. If you do not want to come to Michigan, you will have to wait another year before you can submit another request for administrative review.

    You can hire an attorney after you receive notice that your administrative review was rejected, but most people consult with an attorney before submitting the paperwork for administrative review.

    I do not know of any statistics available regarding the success rate of administrative review applications with or without attorneys. I have been very successful in helping people with administrative reviews and can help if you desire.

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  • 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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