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David B. Carter
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David Carter’s Answers

4,017 total


  • What are the elements of fleeding and eluding 3

    I was pulled over for speeding going 45 in a 30 the officer they pulled me over said he was behind me two and a half miles with the lights on I did not see him but when I did see the lights I pull soon as I seen him ok he pulled me over for going ...

    David’s Answer

    (1) An operator of a motor vehicle or vessel who is given by hand, voice, emergency light, or siren a visual . . . acting in the lawful performance of his or her duty, directing the operator to bring his or her motor vehicle or vessel to a stop
    (2) shall not willfully fail to obey that direction by increasing the speed of the vehicle or vessel, extinguishing the lights of the vehicle or vessel, or otherwise attempting to flee or elude the police or conservation officer.
    If you truly did not see the lights and pulled over as soon as you noticed you ARE not guilty. Get a good TRIAL attoreny and fight it.

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  • Why is the public defender and judge continously adjourning my trial date? If he pleads guilty can he appeal once hes out?

    My husband has been awaiting trial and they eemanded him on another charge. The judge refuses to sentence him on the previous charge until the new charge is taken are of. So far it seems its a game they know he can't get out so his only option is ...

    David’s Answer

    you might wanna thank about retaining an aggressive criminal law attorney who's not afraid to try a case. he definitely should not plead just to get it over with. it is never a good idea to pleaded out to get it over with and then try to appeal it later .

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  • My wife left the state with our son. What can I do to get her back?

    My son was born in OR but we have lived in MI for the past 2 years. She just finished 3rd grade two weeks ago. My wife left the state to go to OR yesterday and said that she and our son are living there now and she is not coming back. This came o...

    David’s Answer

    you need to file divorce right away. by filing first in this incident Michigan will have jurisdiction. if you wait and she files after living in Oregon for 6 months then Oregon will have jurisdiction. others have suggested that this is that parental kidnapping situation but I would disagree with that. without a court order any parent can take their child to any state they wish. you really need to get an attorney ASAP

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  • Second offense of 3 counts controlled substance awaiting trial.

    Someone with. A felony of a controlled substance from 7 years ago and recently getting charged with 3 counts of a controlled substance. what punishment is this person facing minimally!?? He was working undercover and he opted out of it and deser...

    David’s Answer

    He could get some prison time based on the sentencing guidelines. He needs a good attorney.

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  • Second offense of 3 counts controlled substance awaiting trial.

    i have a felony with a controlled substance from 7 years ago and recently am getting charged with 3 counts of a controlled substance. what am I facing punishment wise? I'm scared and unsure of what to do....

    David’s Answer

    You could get a prison sentence based on the sentencing guidelines. Get a good attorney.

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  • Can my lawyer appear on my behalf in court and get an adjournment for my sentencing

    Misdemeanor drug possession

    David’s Answer

    It depends on the Judge. Some will allow it for good cause.

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  • Is it bad if marijuana shows up on the first probation drug test?

    I recently got an MIP and I have to show up to court on the 25th of June. I'm not sure what the consequences will be, but I might have to take a drug test. I smoke marijuana, and I'm worried that if I have to take tests, it'll show up on the first...

    David’s Answer

    This is the reality: If you have not been tested yet and your first one is dirty they really can not violate you unless they have proof that you smoked after you are put on probation. You could be charged with use of marijuana but this is highly unlikely. Most likely you will be given a stern warning and degraded somewhat for doing an illegal act. They may test you more often and look for the levels to continue to drop.

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  • Moving child out of state.

    I'm wondering what my chances are of getting court approval of moving out of state with my child. I was told to get permission from the father (although I have full custody we have joint legal) he was 100% ok with the move. Then he kept changing h...

    David’s Answer

    It sounds like you have an excellent chance of getting it granted. (based on the facts revealed)

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  • Am I good with a public defender

    my 8 month old son was taken because I was luv I g in a tent and due to allegations against me for meth use. I acquired an efficiency room and appropriate child care as well as passing a drug test and michigan cps still won't even let me see my so...

    David’s Answer

    This sounds like the norm with court appointed attorneys. Good luck.

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  • I left a fender bender

    I backed into a car in a parking lot, not sure why the guy was traveling over 20 miles and hour, anyway he wanted argue, I just wanted to exchange info and go , I had a job interview within 30 min from that time, I knew the cops wouldn't make it t...

    David’s Answer

    hire an attorney to talk to the police on your behalf. This is called damage control.

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