Mitchell T. Foster’s Answers

Mitchell T. Foster

Milford Criminal Defense Attorney.

Contributor Level 8
  1. What are possible consequences for violating conditions of release from jail

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    In Michigan people are often given jail for DUI offense AND placed on probation. When they get out they still must abide by the terms of probation or they could get additional time in jail. Talk to a NM attorney to find out if this is the case in your state.

    2 lawyers agreed with this answer

  2. Seeking criminal defense attorney pro bono in Howell Mi.

    Answered over 5 years ago.

    1. Loren M. Dickstein
    2. Mitchell T. Foster
    3. Howard Woodley Bailey
    3 lawyer answers

    Most attorneys do not do criminal defense pro bono. Any time there is any risk of jail time, a person charged with a crime has a right to an attorney paid for at public expense to represent him. This right includes the right to an attorney up to and including trial and appeal if there is a conviction.

  3. If you are put on probation but go to another jail can you be violated from the first place because they are still in jail

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    You would want to review the order of probation. In Michigan, in my experience, if you committed an offense before you were placed on probation for another offense, the first offense will not be a reason to violate your probation for the second offense. Once your boyfriend is returned to the first state to face the violation charge, a good attorney should explain to the judge the reasons for the violation, that it was anticipated, and that he would have likely complied with all of the terms...

    1 lawyer agreed with this answer

  4. Texting while driving. I didn’t do it and my cell phone can’t do it. I lost at the Court. How can I win at the appeal?

    Answered about 5 years ago.

    1. Joseph Briscoe Dane
    2. Mitchell T. Foster
    3. Alan James Brinkmeier
    3 lawyer answers

    First you should get a transcript of the hearing. Once you have reviewed the transcript, look for ways that the judge refused to let you present your defense. If you had relevant evidence to present and the judge did not allow you to present your evidence, an appeals court may give you the opportunity for a new hearing or trial. You should consult a lawyer in your state that is familiar with traffic and criminal law and who knows the procedures for appealing traffic violations.

    1 lawyer agreed with this answer

  5. College student -first offense dui question

    Answered over 5 years ago.

    1. Jason Wade Barnette
    2. Vincent Patrick Wyatt
    3. Mitchell T. Foster
    3 lawyer answers

    Before doing anything you should consult with a lawyer licensed in Tennessee. The Standardized Field Sobriety Tests that many police agencies use throughout the country are not fair tests, and they do not simulate anything that most people do in their ordinary everyday lives. An expert can determine if these tests were adminsitered properly by the police. When choosing an attorney, I would look for a criminal defense attorney that specializes in DUI defense, preferably a member of the...

    1 person marked this answer as helpful

  6. If you are being held in jail and awaiting to be extradicted within the same state how long can they hold u without bond?

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    You have a constituional right to a speedy trial. How to enforce this right will be based upon the application of Louisiana Law. Contact a lawyer ASAP to discuss the laws of your state based upon the right to a speedy trial and the right to reasonable bail/bond.

  7. I was wondering how long can the police keep your personal effects if they are holding it for evidence?

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    Hire an attorney to file a lawsuit against the police to return the property back to you. You may want to do so quickly so the vehicle is not auctioned off. Also, your attorney should be familiar with the forfeiture laws and procedures for your state.

  8. How can I keep my license

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    Contact a traffic/DUI attorney in Ohio to try to get you out of this mess. Don't go in to court alone on this one.

  9. Bankruptcy

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    The Chapter 7 Means testing is based upon the average income in your state for each family size. To caculate annualized income, you take the six month period previous to the date that you file for bankruptcy. If you higher income commissions were more than six months ago, and your annualized income over the most recent six months is lower, then you may very well quailify for a Chapter 7 bankrutpcy. Contact an experienced bankruptcy attorney to see if you can qualify.

  10. Bankruptcy closed without discharge

    Answered about 5 years ago.

    1. Mitchell T. Foster
    1 lawyer answer

    Once a bankruptcy case is closed, the automatic stay for collection of debts is lifted. You many want to check to see if they re-filed, or the case was possibly converted to a Chapter 13. If so, there is still an automatic stay preventing from contacting the debtor to attempt to collect a debt. As always, it is best to contact an experienced bankruptcy attorney before you go forward with the collection of your debt.