Andrew Charles Lapres’s Answers

Andrew Charles Lapres

Muskegon Criminal Defense Attorney.

Contributor Level 16
  1. Does a warrant go away after a period of time?

    Answered 6 months ago.

    1. Andrew Charles Lapres
    2. Steven M. Dodge
    3. David B. Carter Jr.
    4. Jared Clayton Austin
    5. Lisa Marie Perry
    6. ···
    7 lawyer answers

    No it won't. He/she is thinking of the statute of limitations to CHARGE a crime. If the warrant is issued, they have been charged, and it will remain open forever until such time he/she is arrested.

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  2. Please give me your best input on the situation

    Answered 8 months ago.

    1. Andrew Charles Lapres
    2. Christina Chang Bridger
    3. David B. Carter Jr.
    4. Jared Clayton Austin
    5. Tracy Torni Gaudenzi
    6. ···
    6 lawyer answers

    There isn't really anything that you can do. I know that you don't want to read it, but life isn't fair. If you got a diversion and no criminal record out of it, doing the increased punishment to that of your counterpart is well worth it in the long run. You should focus on what it is that you did wrong and learn from it rather than on what the other person did or didn't get for punishment. Since there isn't anything that you can do about it, quit letting it mess with your day. Hopefully...

    13 lawyers agreed with this answer

  3. Does my friend need a lawyer?

    Answered 8 months ago.

    1. Jared Clayton Austin
    2. Andrew Charles Lapres
    3. John F. Brennan
    4. Richard Wynn
    5. Samuel Cohen
    6. ···
    7 lawyer answers

    Where his BAC will end up will depend on whether it was going up or down at the time. He may have blown .11% at the roadside and then topped out higher for the blood test. It is impossible to tell with little information. In any event, the result that is admissible in the situation that you describe is the blood sample. However, the .08% BAC threshold is for "per se" OWI, meaning that your friend can still be convicted of OWI/OWVI with a BAC below .08%. With this situation, if a jury...

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  4. Does a person have a constitutional right to drink at home even if on probation for dui?

    Answered 7 months ago.

    1. Matthew Gregory Swartz
    2. Rolland Sizemore III
    3. Becket J. Jones
    4. Jared Clayton Austin
    5. Andrew Charles Lapres
    6. ···
    10 lawyer answers

    No. You have no Constitutional right to drink alcohol. Nobody does. In any event, some of your Constitutional rights are suspended for the time being while you're on probation (search/arrest without warrant, etc.).

    12 lawyers agreed with this answer

  5. I am Charged with D.U.I 3rd (P.B.T) 0.11. In Warren,MI. What can I do?

    Answered 11 months ago.

    1. John F. Brennan
    2. Edward Jacob Sternisha
    3. Andrew Charles Lapres
    4. Christopher Irvin Simser
    5. David B. Carter Jr.
    6. ···
    7 lawyer answers

    OWI 3rd is a felony punishable by up to 5 years in prison. What you can and should do is contact a criminal defense attorney immediately. Many attorneys will accept a small retainer and allow payment arrangements. Good luck.

    12 lawyers agreed with this answer

  6. Would your juvenile record make you into a habitual offender?

    Answered 8 months ago.

    1. Andrew Charles Lapres
    2. David B. Carter Jr.
    3. Jared Clayton Austin
    3 lawyer answers

    No. Juvenile felony adjudications cannot be used to charge an adult as an habitual offender. The juvenile adjudications may, however, be used for purposes of Michigan's criminal sentencing guidelines scoring.

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  7. If a judge sets a high cash only bond, is there any way to appeal this if you cannot afford it?

    Answered over 2 years ago.

    1. Andrew Charles Lapres
    2. Ronald S. Pichlik
    3. Corey Dustin Silverstein
    3 lawyer answers

    If you are bound over and the judge is prepared to set bond, your lawyer should be asking the judge to continue your PR bond. Your lawyer should be able to argue that none of the conditions that led to you original grant of a PR bond are different and that you shouldn't have to now post a new cash bond simply because your case is bound over for trial. In addition, your lawyer should argue that your baby is due at any time and that the added pressure and mental/physical strain of incarceration...

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  8. Does an officer need to independently witness you driving after an anonymous tip is submitted in order to pull you over?

    Answered 10 months ago.

    1. Gerald R Stahl
    2. Scott Matthew Aaronson
    3. Daniel Nelson Deasy
    4. Kathryn Mary Holton
    5. Andrew Charles Lapres
    6. ···
    6 lawyer answers

    No, the police don't have to actually see you drive in order for you to be convicted of OWI. If the prosecutor can prove by circumstantial evidence that you were driving and that at the time your blood-alcohol level was above 0.08% or that alcohol materially and substantially effected your ability to drive, you can be convicted. For example, single car crashes with the only person on scene being outside of the vehicle when police respond. You're interrogation is not illegal if you were...

    9 lawyers agreed with this answer

  9. Did I get charged with a misdemeanor for shoplifting?

    Answered 10 months ago.

    1. Mani Khavajian
    2. Andrew Charles Lapres
    3. Jamil Kamel Khuja
    4. Timothy J. Klisz
    5. Jonathan Andrew Paul
    6. ···
    7 lawyer answers

    Don't write the letter to JCPenney just yet. It sounds like you're going to be charged with a misdemeanor, retail fraud 3rd degree, however, it's an interesting situation as I wonder who's going to write the ticket (this guy isn't a cop). Don't pay the civil demand money yet either. The store must follow very specific rules in order to be able to demand the damages, one of which being that a police report be made. Your question indicates that the police were not involved. If and when you...

    9 lawyers agreed with this answer

  10. Can he get into legal trouble?

    Answered over 2 years ago.

    1. Andrew Charles Lapres
    2. Ezra N. Goldman
    3. Patrick T. Donovan
    4. Benjamin J Lieberman
    4 lawyer answers

    No, he can't be charged for age. However, there are circumstances where an 18 year old can be charged with criminal sexual conduct for sexual acts with a 16 year old. Those circumstances include but are not limited to: force/coercion, mentally challenged/disabled victim, incest, or if the 18 year old is an employee of, a contractual service provider of, or a non-student volunteer of the school where the 16 year old is enrolled or if the 18 year old is a government employee who is assigned to...

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