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Timothy P. Flynn
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Timothy Flynn’s Answers

346 total


  • I did not receive anything from the court for a traffic ticket within 10 days.

    I received a traffic ticket and I was told by a friend that if I don't receive anything from the court within ten days, then I can go in and have it dismissed. Thanks.

    Timothy’s Answer

    Not so fast. Sometimes it takes the court clerk a few days, even weeks, to open a file, depending on what type of ticket. Be persistent and keep calling the court. Good luck.

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  • Do some lawyers actually play games with the opposing party? Like serving documents late & to wrong address

    Im the petitioner in a divorce. The respondent's attorney has mailed a letter to my correct address once before this one. He just sent me their response forms (late) giving me two days to make my response to the court and the letter inside has my ...

    Timothy’s Answer

    Games do get played in family court, to be sure. It is "bush" that the attorney is doing this, whether it is intentional or not. I would bring it to the court's attention; absolutely. If it was an "honest mistake" as you suggest, then the lawyer needs to get control of his office staff. If it was intentional, then the lawyer is cheap. So the judge should know, either way. By purposely mailing late documents, you have less time to prepare for the court hearing. Try to beat him at his own game by being at the ready anyway.

    Good luck.

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  • What is the penalty for filing a false police report?

    My son entered a false police report regarding his children. The police came to our door at 1:00 am looking for them when he knew they were elsewhere. This was done to intimidate us. We live in Michigan - he lives in Florida.

    Timothy’s Answer

    If the false report is a misdemeanor, then the person that issued the statement can be charged with a misdemeanor; if the false report was a felony, then the person can be charged with a felony; it's as simple as that.

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  • Will I go to juvenile for my first offense in breaking the curfew?

    I have no record of ever getting in trouble, me and my friends Were just driving from his house, it was 11pm . I was on my way home when the cop stopped us.he wrote us and our parents tickets. I'm just really concerned about going to juvenile. And...

    Timothy’s Answer

    If this is your first offense as a juvenile then you will most likely not go to juvenile detention. A lawyer will be appointed for you to discuss your options. Usually, for something this minor, you will be placed on what is known as the "consent docket" and the matter will be dismissed after you do some community service or write an essay to the judge. Take it seriously and get it done; like, in advance.

    Going forward, however, try to abide by the law so that you do put yourself in this position.

    Also, now that my lecture to you is complete, I would recommend that you consider a career in criminal justice or law. You were smart enough to drill into this excellent web site and post an intelligent query; why not follow-through and join us in this interesting profession?

    Doing so will require you to stay completely clear of any trouble like this in the future. So make contact with your lawyer on this minor ticket, observe the process, watch and learn. Take note of some of the other guys you see at the court when you go for the hearing on your ticket. Many of them, even at a young age, are hardened veterans; take a good close look at those guys when you are at court.

    Then get out there and make your future. Do some good with your life my friend. There is something about your post that tells me you can do it!

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  • Domestic violence

    Fight with my wife and I called to police in the end of April. But i arrested and released after 48hours without judgement in court. About ten days ago police came to my house and interviewed with my wife. After that I received letter from prosec...

    Timothy’s Answer

    We see this all the time. A male family law client asks us: "if she hits me, and I call the police, what will happen...?" We then lay out the following common scenario: you call the police, claim to have been struck by your wife or significant other, show them a red mark, and you wind-up getting arrested and go to jail. Happens a lot.

    Not to dismiss the concept of women physically abusing men -it does happen- it's just that the police do not usually buy into it. That said, you are going to need a criminal defense attorney. If you are unable to hire one, the court will appoint one for you.

    Your post is unclear as to the facts of the alleged assault. If the facts support it, a criminal defense attorney will advise you of a statute that allows you to tender a guilty or no contest plea, complete a [usually short] probation, and the matter will be dismissed. If you had any culpability at all in this unfortunate incident, that is usually the way to go.

    If you are totally innocent of this charge and truly, you were the one that was struck, then do not plead guilty. Often times, the prosecutor has difficulty getting the alleged victim to cooperate with preparing for a case if the victim was the assailant. If the alleged victim is unwilling to testify about what you did, and give particulars to a judge or jury about how she was assaulted, then the prosecutor will not be able to establish the elements of an assault case and the judge will dismiss the matter. When this happens, sometimes the prosecutor will charge the alleged victim with filing a false police report; a misdemeanor under these circumstances. But in your case, this will not be possible due to the fact that you called the police.

    So you have some interesting options here. Now get on the Avvo.com site and locate a suitable attorney in Ann Arbor that can advise you on these important matters.

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  • How can CPS get away with taking our child who is 13/f without talking to her to see if there's any abuse? Can I sue them ?

    They make up things like, I do drugs, even though I pass ever time. I let her watch porn, when I don't own any. The most famous word is" imminent". My husband has prior felonys, mistermeaners, and is registered sex offender, but isn't on any parol...

    Timothy’s Answer

    The first thing you should do is hire one of the many qualified family law attorneys in TC. CPS only works off anonymous complaints so, somewhere along the way, someone made a call and communicated abuse allegations against you or your husband. If nothing has been going on in your household as you say, then CPS should not charge a case. Sounds like they have in your case. You need to get their findings to a lawyer. Also, if the child was removed from your home, there will be a hearing conducted soon in the family court of your county. You definitely need a lawyer for that and, if you cannot afford one, the family court will appoint one for you.

    Good luck with all of this.

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  • Husband and I are splitting and he took money from joint account and got separate. will I have trouble for using some of that?

    I transferred some and used it to pay household bills and he's threatening now. isn't it community property since we're married?

    Timothy’s Answer

    No, you should not have trouble; other than your Husband annoying you with baseless threats about it. Michigan is not a community property state, but that is not the point. The point is that the money you used [yes, even if he is the primary wage-earner] is marital. Also, since you used the money to pay marital bills, he has even less an argument.

    That said, sometimes, after a divorce proceeding is initiated, a family court will sign what is known as a mutual injunction preventing parties from spending-down accounts on non-essential items, or transferring or wasting assets. Your question does not reference these common tools.

    So as a rule-of-thumb, just use the funds to go about your business as usual and you should be fine. If Hubby looks like he will make good on his threat, you may consider using some of that money to hire a family law attorney in Monroe County. You can find some good ones on this site.

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  • How old can i be too choose to live with my mom?

    my dad has current custody of me iam not happy living with him because me and him do not get along he brought his girlfriend to live with me and my other 10 year old sister anyway his girlfriend is his coworker that he cheated on my mom with and i...

    Timothy’s Answer

    This is a very sad post for me to read and respond to. I will just advise you to hang in there and try to value your time with both your parents. Hopefully, you get to spend time with your Mom and Dad.

    One thing I can tell you is that where I practice, here in Michigan, when a child is older than 15 years, they tend to have a greater say in the parenting schedule than say, if the child was only 10 or 12. In some cases, a teenager will adamantly refuse to go to one of the parents' homes due to a variety of harsh or unjust circumstances. Sometimes all many of the things that make one of the parents' homes a bad place cannot be translated into a court hearing. It's really only you that knows why it's so bad. That puts the judge in a tough spot. Some judges do not like when a teenager does this [tries to take control], and the judge may try to "punish" the child by forcing that child to go to the parent. But other times, the judge realizes that she cannot be there at the parents' home 24 hours a day and just sort of gives up. This is like taking the law into your own hands. It is usually not a good idea, but in family court, it is sometimes necessary.

    I cannot tell from your post whether you really have one of these cases. I just know from my experience that you sound sad, and I hope things get better. Maybe you can show what I wrote to your Mom and she can decide what to do.

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  • My wife moved out of our home 30 days ago and took everything, can she move back in after taking out a restraing order on me?

    spouse husband has no crimmal background but, wife staes verbal abuse. wife files a order of protection in April 2013, but continues to contact the husband,

    Timothy’s Answer

    Assuming you have not threatened her in any way, she's done you wrong here. [Perhaps there is more to the story.] Anyway, assuming you are not at fault, the first thing you should do, if it is not already too late, is to challenge the restraining order. When that restraining order was served on you, did you examine it closely? It will outline your options, and advise you of deadlines to have it set aside.

    Also, while your post indicates this is a divorce question, you do not say whether a divorce proceeding has been filed. This is another open case in which you may be able to contest the restraining order component of your break-up. Often, one spouse will use a restraining order as a weapon in a divorce or custody battle.

    Sounds to me like you should consider hiring legal counsel. Use this site to find a qualified lawyer in your area, and good luck as it can be a jungle out there.

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  • Why would a case be moved from state to federal and what does this mean?

    My fiance is in county jail for violating parole. He was charged with possesion of a firearm by a convicted felon. He recently learned he has a federal detainer and his case is now with an US Attorney. What does this mean?

    Timothy’s Answer

    • Selected as best answer

    Ouch, and yikes, simultaneously. This is not a good development. It means that rather than just having a county charge, he now has a federal case. Your post is unclear as to how he made that jump. In many jurisdictions, the county sheriffs have task forces that work with federal agents. Weapons trafficking are one of the areas in which such task forces operate. If he is charged with a federal crime, his sentencing guidelines go "through the roof". So he needs good solid competent counsel right now that is no stranger to the federal way of doing things. Good luck.

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