Scott Douglas Moore’s Answers

Scott Douglas Moore

Harrison Government Attorney.

Contributor Level 8
  1. I received a traffic ticket for performing a u-turn in a business district in a small town in Michigan

    Answered about 5 years ago.

    1. Scott Douglas Moore
    1 lawyer answer

    Admitting responsibility with an explanation will not be very helpful, as it will not lessen the fines or potential points. Requesting an informal hearing is a better course of action. You will meet first with the police officer and perhaps a resolution can be reached. Failing that, a magistrate will hear the case and render a decision. If you disagree with the outcome, you may then request a formal hearing before the judge. This, in effect, restarts the process and you might still attain a...

    1 person marked this answer as helpful

  2. Will I go to jail for missing a drug test for probation?

    Answered about 4 years ago.

    1. Timothy J. Klisz
    2. Scott Douglas Moore
    3. Theodore W. Robinson
    3 lawyer answers

    Missed tests are often considered to be failed, or positive tests, for violation purposes. It would be better to have a lawyer explain the situation to the court. Most judges, in my experience, would prefer that you come in and explain why you missed an ordered test than see a petition for a bench warrant. Likewise, probation officers or more inclined to work with you if legitimate circumstances prevent completing a required term of probation. If you've already failed to appear, make every...

  3. Could a 17 year old be charged with trespassing if they entered their estranged fathers house (unlocked) to retrieve a gift?

    Answered over 4 years ago.

    1. Scott Douglas Moore
    2. Dured B. Hajji
    2 lawyer answers

    Based on the facts you provided, he could be charged for Trespass under MCL 750.552(1)(a). On the other hand, if he is charged with Illegal Entry under 750.115, he may have a defense if his purpose in entering the premises was to retrieve property that belonged to him. At age 17, he is considered to be an adult for charging purposes. Clearly this is a complicated issue that should be handled by a competent and experienced attorney.

  4. What should I do in this trespassing case?

    Answered over 4 years ago.

    1. Scott Douglas Moore
    2. Cynthia Russell Henley
    2 lawyer answers

    At any arraignment, you should plead "not guilty" or stand mute. At the pretrial conference, the prosecutor may offer a plea to be taken under advisement. While the conviction will appear for a time on your record, it should be dismissed after you've completed the terms of probation. In any event, the facts you related present several troubling aspects about the stop. You should consult an attorney before proceeding.

  5. In Pre-Exams, can prosecutors use affidavits with the wrong name, wrong time, and no signature for a warrant & bind over

    Answered over 4 years ago.

    1. Scott Douglas Moore
    1 lawyer answer

    At a preliminary examination, the rules of evidence apply which limits the People from using hearsay evidence absent an exception. As a practical matter, any testimony given under oath can impeach a witness at trial if the testimony differs or if other evidence (e.g. a sworn affidavit), contradicts the trial testimony. District Court preliminary examinations, though, seek only to determine whether probable cause exists to believe the defendant committed a felony. Only in the Circuit Court...

  6. Can police search your home and camper without a search warrent.

    Answered over 4 years ago.

    1. Scott Douglas Moore
    2. Cynthia Russell Henley
    2 lawyer answers

    Once you were in custody and handcuffed, the officers could seize only that which was in plain sight. An arrest warrant does not authorize the police to search the house, much less a camper outside of the house, nor does the fact that you may have had an alleged controlled substance on your person. The "wingspan" exception would not apply after you were restrained. In short, the police were obliged to seek a search warrant before doing what you described.

  7. Is it ok for a cop to pull you over out of his jurisdiction if he clocked me on a dividing line between cities

    Answered over 4 years ago.

    1. Scott Douglas Moore
    2. Andrew Daniel Myers
    2 lawyer answers

    Michigan law provides that an officer may follow and a violator he has witnessed commit an offense, even if the stop occurs outside of the geographical limits of the officer's jurisdicition. Without knowing more about your case, I can't really comment on whether you have somewhat of a leg to stand on, but this statute would appear to address your concern.

  8. Expungment in michigan if the case is dismissed?

    Answered over 4 years ago.

    1. Scott Douglas Moore
    2. Timothy P. Flynn
    3. Christine Marie Heckler
    3 lawyer answers

    An immigration attorney should be consulted regarding the relationship between federal and state law. Generally in Michigan courts, a retail fraud case would be taken under advisement pursuant to MCL 771.1. Under the statute, the file remains public, including the information regarding the entry of the plea. While the law allows the Prosecutor to move for dismissal, the file remains open for anyone to view, including employers and government agents who wish to take the time. So while no...

  9. Can I get rid of a FTA on A minor in possesion of alcohlol (from 10 yrs ago) without going to court again?

    Answered about 5 years ago.

    1. Scott Douglas Moore
    1 lawyer answer

    Generally speaking, failing to appear for a criminal proceeding will result in a bench warrant being issued. The defendant is required to surrender and show cause why he shouldn't be held in contempt. I have had cases where the defant was allowed to make arrangements with the Court in lieu of actually appearing. At a minimum, it would be wise to call the court in question and find out how they want to proceed.

  10. Is there a statute of limitations on misdemeanor unpaid check?

    Answered about 5 years ago.

    1. Scott Douglas Moore
    1 lawyer answer

    The general criminal statute of limitations is six years, but that is to say the charge must be filed within six years of the offense date. As I understand the facts of your case, the charge was timely laid, but there may be a question of staleness. The prosecutor is obligated to exercise some diligence in disposing of warrants, but questions of the defendant's role in delaying execution of the arrest warrant come into play. It would be worthwhile to consult an attorney to gain...