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Michael P. Manley

Michael Manley’s Answers

11 total


  • Should I hold out until jury selection to see if the prosecutor offers a better plea then they already have offered?

    They already have offered me the option of a 6 month cap with an intensive drug core probabtion following incarseration Should I hold out until jury selection to see if the prosecutor offers a better plea then they already have offered? A female...

    Michael’s Answer

    I agree with both lawyers above. Many prosecutors offer plea deals so they don't have to prepare for a case, issue subpoenas and call in a jury panel. You very well could get a plea offer that is worse or no plea offer at all if you gamble with this tactic. I don't know that you would be rewarded for putting them through the time and expense of preparing and selecting a jury unless you have great facts. Consult your lawyer.

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  • Can I take employment in Florida and drive on a restricted Michigan license from a DUI.

    The state of florida law states you must get a florida license within 30 days of starting an occupation. I have 5 months to go for a hearing to reestablish full privilages in Michigan. Florida has said that the restricted license cannot be transfe...

    Michael’s Answer

    Many people have their permanent residence in one state and earn a living in another. It would be wise to keep your residency in Michigan until your driving privileges are restored. I am sure many Michigan residents temporarily work in other states. I would consult with a Florida lawyer for their interpretation of the statute requiring you to get the licence within 30 days to make sure you are not violating Florida law or if there are exceptions.

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  • Is their any chance of getting off early?

    Can you get off probation early if you still have restitution to pay?

    Michael’s Answer

    Many people are placed on probation for the purpose of ensuring that restitution is paid. It is highly unlikely that a person would be released from probation with restitution still owing. However I do believe that hiring a lawyer and requesting that the restitution order be converted to a civil judgement could satisfy the judge presuming all other terms and conditions were completed. The victim would now have a legal way to enforce the restitution order and you would be off formal probation.

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  • 20 yr old. 1st offense mip, should I hire a lawyer?

    I was served at a bar for 4+ hrs. Then a bouncer followed me into the bathroom when I walked in with a nonalcoholic coke and told me I had to follow her. She led me out to the lobby where police officers were waiting for me. On the report I said t...

    Michael’s Answer

    Under the MIP statute there is a possibility that you can get a deferred judgement of guilt if you complete some court ordered requirements. Successful completion will mean that you will not have a public record. Big Rapids, being a college town, has a program in place at the District Court. Contact a local lawyer for more information. Good Luck.

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  • I am being charged with a misdemeanor “Recreational Trespassing” in MI, Is it possible to get it deferred to a civil infraction?

    Additional information This is my first offense with no priors. The basis of the charge was stopped on a snowmobile for being on private property. The fine is 255.00 payable over the counter or by governmentpayment. The area was very well travele...

    Michael’s Answer

    Do not pay the fine until you contact a lawyer regarding the possibility of a civil infraction or a dismissal based upon the facts that you have presented. I have had people pay what we call "payable misdemeanors" that don't require a court appearance only to learn later that they have a misdemeanor conviction on their record. I have worked in Livingston County for many years and I believe you have a very good chance of obtaining a resolution that would avoid you having a criminal record. The new prosecutor worked in that office for years and I haven't noticed a big change in policy. I see a resolution as long as there are no aggravating factors or a ticked off police officer stirring the pot. Good luck.

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  • Does my son really need a lawyer for a M.I.P. charge?

    It is his first offense. I found a lawyer that want $500 to take the case

    Michael’s Answer

    I always believe that a person who is appearing before a judge on a criminal charge that could affect their freedom or their future should have a qualified lawyer by their side. That is a reasonable fee however you need to do a background check on the lawyers qualifications and reputation with the court. You should inquire about the MIP first offense deferral program for your son so that he will not have this on his record. The relationship the lawyer has with the probation department and the Judge could greatly affect any terms of probation.

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  • What should I expect when contesting a speeding ticket?

    How likely is it that the officer that gave the ticket will show up?

    Michael’s Answer

    Whether the officer shows up or not is always a gamble worth taking. Most courts are now scheduling an officers informal hearings all on the same day so the officer can handle all of his contested tickets before the magistrate at the same time. This has resulted in the officer showing up more often than not as it is not just 1 ticket that he is appearing for.

    I would request an informal hearing first. If the officer doesn't show then you will probably have the ticket dismissed. If he does show, you can try to negotiate a reduction of the ticket with him or have the hearing. If you lose at the hearing, you will need to appeal that result by posting a bond and requesting a formal hearing before the district Judge. You should then contact a good attorney who can either negotiate a non moving violation or reduced points. If the officer fails to show here, your attorney can move for a dismissal. This gives you two bites at the apple to get the result you desire. Good luck.

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  • In michigan, how long can u be held after posting bond, but u have a fellony warent in another county.

    she is being held for a old feloney warrant. she has ben in their almost 24 hours, and she has yong children. she has already posted a bond for the traffic ticket. the warrant is for in another county, and they said they will come get her, but its...

    Michael’s Answer

    She will be held in the current county jail until she is picked up and transported to the county where the outstanding felony warrant is pending. A person being held cannot have an undue delay in her arraignment. The courts have found that anything over 72 hours is considered an undue delay in arraignment. The county with the felony warrant will be required to pick her up and deliver her to the court with the warrant for arraignment on the new charge within 72 hours. In my experience, the county holding her will be calling the other county to expedite the pick up as she has bonded out of their jail and they don't want the added expense. If they do not appear within 72 hours that jail usually will release them and direct them to the court holding the warrant. This is rare due to the fact that your question already stated that they said they will come get her.

    Since she has bonded out on the traffic offense, she will also have to post bond on the felony case assuming she is given a bond. Once that is done it is imperative that she appear for all her court dates to ensure that bond is not revoked for failure to appear.

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  • Isn't embezzelemnet a property crime? Is it normal for a judge to allow someone to speak at a property crime?

    A judge had to adjourn a sentencing due to the sentencing guidelines not being accurate. This judge was not happy and told us in court she hates having to adjourn this. Now we find out that the judge is adjourning again because there is someone ...

    Michael’s Answer

    It appears that there is an objection to the sentencing guidelines that could affect the guideline range that required an adjournment. Prior to any sentencing the judge will ask both parties if there are any objections to the scoring of the sentencing guidelines. The scoring determines the range of the minimum sentence that should be imposed by the judge. In embezzlement cases the amount of loss is usually the most disputed factor. If the parties do not agree with the Department of Corrections scoring of the guidelines, then they will object. The party who objects is entitled to have a hearing on the matter which is why the judge probably adjourned the matter to allow the victim to provide proof of the loss. It is imperative that your lawyer verifies the amount of loss as this could greatly affect the scoring. It sounds like he/she has done this. You may also present proof to the court on any disputed guideline scoring.

    As far as adjourning to allow the victim to speak, this is common practice. According to the victims rights act, they must be notified and afforded the opportunity to speak to the court at sentencing. Judges usually bend over backwards to accomodate the victim if the request is reasonable. It is also not necessary that the person who speaks on behalf of the corporation be an owner or officer. An example could be the local manager of the Target store.

    The most important part of your question is the accuracy of the pre sentence report. It sounds like the judge is giving the parties time to either agree on the scoring or present evidence to her so she can determine the appropriate scoring. I have also seen a judge be swayed by what a victim says at sentencing as well as be turned off by what a victim says if they are not credible. Either way, your attorney will get to respond to what they have to say and you may also comment on what is said during allocution. Good Luck.

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  • Does HYTA affect MCL 771.1?

    Would having a prior case dismissed following probation for HYTA preclude someone from having a similar later charge placed under advisement pursuant to MCL 771.1?

    Michael’s Answer

    The short answer is No. Once you have completed the terms and conditions placed upon you pursuant to the Holmes Youthful Trainee Act (HYTA), the deferred judgment of guilt is dismissed and the case becomes non-public as if it never happened.
    When a Judge places you on HYTA status you are NOT convicted as the judgment of guilt is not entered on your record. If you were to violate the conditions, the judge could then enter the conviction. Absent that scenerio, successful completion means you were NEVER convicted. It becomes non-public subject to few exceptions (Law enforcement and Department of Corrections).

    MCL 771.1 is completely different than HYTA in that it is a CONVICTION but the sentence is delayed. It will appear on your record as a conviction and then if your period of delay is successful a dismissal. This would still be a public record. It would be important if your case is ultimately dismissed, that you get an order from the court to remove the entry from LEIN (Law Enforcement Information Network).

    The real answer to your question is that your completion of HYTA status which you can only have once during the ages of 17-20 will not negate your elgibilty to take a plea under MCL 771.1 delay of sentence. You should be aware that a Judge has the discretion whether to accept the plea under this statute and your prior contact with the law may affect his/her decision. Good Luck.

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