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Scott Douglas Moore

Scott Moore’s Answers

17 total


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

    After I was sentenced to probation, I was involved in a serious car accident. My doctor has completely disabled me, and I have no transportation. I have trouble walking, as one of my legs is always numb and unstable. I was unable to get out of bed...

    Scott’s Answer

    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 effort to clear up those outstanding obligations. Again, a lawyer can help present your case, your efforts, and your obstacles quickly and in a language the courts can understand.

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

    He was never told he was not welcome at his fathers house and the item he retrieved was a Christmas gift.

    Scott’s Answer

    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.

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  • What should I do in this trespassing case?

    A few friends and I were smoking marijuana on a school playground and after we were finished a policeman came in and told us all to stay put. After finding our pipe, he had us throw it down the sewer. Eventually he gave us all tickets for trespass...

    Scott’s Answer

    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.

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

    I have a friend accused of committing a crime damage to property and theft. After bind over, he was allowed to look at affidavits, which have the wrong name of alleged victim, a time stated last seen and left propery 2 hours after the person that...

    Scott’s 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 can it be decided whether the defendant is guilty beyond a reasonable doubt. The District Court proceeding was, by law, recorded in some fashion and a transcript can --in this case, should --be ordered from the court clerk,

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

    I had a warrent for my arrest from 3 yrs ago and the police came to my house when then came to get me I had my finace' perscription pills in my pocket. they asked if I had anything in my poclets and I told them that I had her vicodin in my pocket...

    Scott’s Answer

    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.

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

    I was pulled over today driving home form work. I was on a dividing line between Clinton Twp and Sterling heights. I was turning left into sterling heights when the Clinton twp officer pulled up behind me. However he did not initiate the stop unti...

    Scott’s Answer

    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.

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  • Expungment in michigan if the case is dismissed?

    I was trying to expunge my crimial record in michigan and the court said It's been dismissed you can't do that. yet it's still shows on my record. what does that mean? I'm trying to apply for my citizenship. if it's dismissed would that help my...

    Scott’s Answer

    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 conviction is entered, the facts supporting the plea remain available to anyone who asks.

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

    I got a ticket in MI about 10 yrs ago for Minor in Posssesion of Alcohol. The judge ordered me to go to a program and return to court. I never finished the program and never went back. I probably have an outstanding warrant. What is the best way t...

    Scott’s 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.

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  • Is there a statute of limitations on misdemeanor unpaid check?

    In 2000 or 2001 I wrote a check for under $50 bucks, didn't know that it wasn't covered. I moved in April of 2001 200 miles away, and in the summer of 2004 I received a letter from the the court in the area I was residing when the check was writt...

    Scott’s 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 advice tailored to your specific needs.

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  • What should I do regarding turning myself in for a failure to appear warrant?

    I missed a court date around 17 months ago for an MIP 2nd offense. I'm looking to turn myself in and post bond tomorrow with hopes of going before a judge to get it resolved. What are the potential penalties of the failure to appear and how should...

    Scott’s Answer

    You should be represented by counsel. In any event, call ahead to find out if a bond amount has been set. Remember, your failure to appear resulted in a bench warrant being issued.

    You are entitled to show cause why you should not be held in contempt, so if you had a reason for missing the last court date, it should be presented accordingly. If, on the other hand, you simply forgot or didn't have money for fines and costs, most judges in my experience appreciate candor.

    This contempt hearing has nothing to do with the underlying offense, but skilled counsel can turn the surrender to your advantage. Good luck!

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