Having handled many cases in the Troy District Court over the years as a Prosecutor and as a Defense Attorney, the answer is NO to any plea under advisement for OWI. You need to retain experienced criminal defense counsel to review the facts and the law as applied to your case to determine if their are any viable legal or factual defenses which might result in a dismissal or some serious bargaining power for a favorable plea bargain.
How old are you? More details are needed. There appears to be personal injury and criminal law issues. You should seek a consultation with an attorney who is experienced in both areas of the law to help you determine your rights under the civil and criminal justice systems.
In these type of premises liability cases, we would look at the home owners, whoever was supervising the children, and the person(s) who set up the rope swing, amongst others in determining those who may be possibly liable for the injuries to your son. You should contact an experienced personal injury/premises liability attorney as soon as possible so an appropriate investigation can be conducted.
Most if not all courts in Michigan no longer do "pleas under advisement" ( you plead guilty and it was not accepted by the court unless you violated terms of probation. If probation was completed successfully the case was dismissed). No Contest pleas are pleas where you do not admit guilt for legal reasons (possible civil litigation, memory loss, etc...) but it is still treated as a criminal conviction and are sentenced accordingly. Some statutes or prosecutor programs provide for...
Assuming you qualify under the existing law to petition the court to set aside the conviction (i.e. type of crime(s), time period, etc) it will still be discretionary with the court. I have not seen any official statistical review (that would be an interesting study in Michigan). However, from my 33 years experience as a former prosecutor and defense attorney I would offer a guestimate of about 77% approval. The biggest factor I have witnessed seems to be providing the Judge a good and...
I agree, you " need to be schooled" on your rights and protected when you go to court. The best way to accomplish that and to explore if their are any technical defenses to your charge would be an experienced criminal defense attorney who regularly practices in the jurisdiction of the court where the charge is pending.
This is a question you want to ask your attorney, assuming you had an attorney at the time of your plea. There are too many variables regarding the unknown facts of the case and the judge to be able to give you a meaningful answer. If you don't have an attorney, you should retain experienced criminal defense counsel as soon as possible. Good luck.
Anyone can sue if they have the filing fee. The question is damages and also whether there is a claim involving the underlying car accident. You and your dad are going to want to consult with a personal injury attorney as soon as possible to review all potential claims involving the car accident and possible medical malpractice.
You need to consult with experienced criminal defense counsel. This may be able to be resolved without your appearance. Ever since 9/11 border law enforcement has access to all criminal records and pending warrants. Whether they would hold you on this type of a warrant may be questionable, but you surely don't want the "hassle" if you come back to the United States.
It doesn't sound like you have to sue, since there appears to be a criminal prosecution (contact from the prosecutor) and he or she is trying to get you restitution under Michigan's Crime Victim's Rights Act.
This is a terrible incident, unfortunately, you may be only entitled to the replacement cost for the dog. In other words what would it cost for you to get a new dog or a dog of like kind and quality. Therefore, I would ask for the replacement cost, vet bills and trip cancellation...