Lying to a parole/probation officer is never a good place to start. What is this gentleman on parole/probation for? What are the terms and conditions of his parole/probation? What kind of admissions/confessions did he make to anyone? What kind of additional evidence does the state have against him? The facts and circumstances of each and every case will determine the outcome and potential resolution of each and every case. Has he otherwise been complying with all of the terms and conditions of...
You should not be talking to any police officer or prosecutor. The prosecutor will determine what charges, if any, are filed. The detective could have some influence on how a case is resolved, but he or she has no ability, authority, or jurisdiction to resolve any cases with charges filed. Hire an experienced criminal defense attorney now to resolve any other questions.
If there was a child support order put in place, it is possible that there is a custody order that was also associated with this case and minor child. In any event, you need a clear cut custody order put into place that addresses the current facts and circumstances between yourself, your son, and the father.
You would need to file a motion to set aside your conviction and potentially have the conviction turned into something such as allowing an unlicensed driver to drive, which is still a misdemeanor conviction, but it is not abstractable to the Secretary of State; therefore, you would not receive any license sanctions for your conviction, and your eligibility date for a DAAD hearing would revert back to your prior eligibility date. You would also have to file paperwork to un-abstract your first...
You must first look to whether the prosecution has a viable case against your son in which they can prove all of the elements beyond all reasonable doubt at a jury trial. If the prosecution cannot do so, then these charges need to be dismissed and/or your son needs to be found not guilty of the charges. You need an experienced criminal defense attorney to appropriately determine all of these issues. This all needs to be decided before you are thinking about taking any plea bargain.
It is unclear what your husband is on parole for. I am presuming that he is on parole for a new offense other than the criminal sexual conduct offense that you first mention. I am presuming that your husband must register under the Michigan Sex Offender Registration Act (SORA) and that he has terms and conditions associated through this new parole because of his SORA status.
There are ways to petition to modify terms and conditions of probation and parole. But the bigger issue here is...
The statutory penalties for a criminal misdemeanor conviction for non-aggravated assault are up to 93 days in jail and/or up to a $500 fine. You may also be placed on probation for up to 2 years with mandatory and discretionary terms of probation. However, there are many additional consequences to having an assaultive crime on your record, including, but not limited to, employment, housing, education, licensing, and travel. You should consult an experienced attorney right away.
There are many factors to consider in whether you will be found guilty beyond all reasonable doubt for this offense at a jury trial. Does the prosecution have witness cooperation? Are the witnesses credible? Are there evidentiary issues that need to be addressed and evidence suppressed? You need an experienced criminal defense attorney to assist you in this case to get the case resolved to your satisfaction.
There are many contributing factors to how a case gets resolved through the criminal justice system. If your boyfriend is merely being investigated for a crime, then he needs to immediately retain a knowledgeable attorney in the area of criminal defense. Your boyfriend's age, prior criminal history, employment status, institutional status, and many other factors will effect how this situation gets resolved. Hire an experienced attorney right away.
Your friend needs to immediately retain an attorney and not have any contact with law enforcement. There are many different assault charges that could be filed in this scenario, including, but not limited to, manslaughter or assault great bodily harm. There are many different gun charges that could be filed in this scenario. There could be additional charges involving drugs or alcohol here. The bottom line is that an attorney is needed.
Eric J. Sheppard