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Andrew Lapres’s Answers

1,095 total


  • The police came into my house and arrested me on a show cause warrant. They did not have permission to enter. Please read on...

    My friend answered the door and said that he didn't know if I was home. They did not ask for permission but just came in the house where they eventually found me. They also found some pot in the pocket of the jeans they had me put on. Should the...

    Andrew’s Answer

    The police may enter YOUR home WITHOUT a search warrant if they have an arrest warrant for you!! A search warrant does NOT come into play in order to enter and seize you on an arrest warrant unless you are inside someone else's home. So, yes, if it was your house and the police had a valid arrest warrant they could legally enter your home without anybody's permission, so don't waste your money litigating that issue. However, whether this effects the drugs found depends on where the drugs were located and many other factors that are not contained in your question. You should consult a criminal defense attorney.

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  • What's going to happen to me?

    I'm currently a 16 year old female with no record, in less than a month i turn 17. yesterday my car was searched and i had pieces, and a bong in my vehicle which was taken by the police along with some adderall they had found in my glove box. i co...

    Andrew’s Answer

    You're going to the Circuit Court Family Division, also known as juvenile court. You will not be charged as an adult for potential possession of some prescription drugs. Don't worry about why, just trust me that the likelihood of the being charged as an adult are extremely slim to zero. Since you are not accused of a specified felony, the prosecutor would have to prove to the court that it's in yours and the public's best interest that you be tried in the same manner as an adult and they are not going to try to do that.

    However, that doesn't mean that this isn't serious. You should consult with an attorney before going to court. If you cannot afford a lawyer, plead not guilty and ask for court appointed counsel. It's better that you say less in court, allow the judge and your parents to talk. Good luck.

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  • Will I go to jail?

    I am a college student and am 20 years old. I was given an MIP in early march and sentenced to 4 months of probation on the deferral program along with 25 hours of community service. I messed up really bad and got another mip in the second week of...

    Andrew’s Answer

    You've got two things going at once here. First, you have the new charge. Second, you have a potential, and very likely, probation violation by getting the new MIP. If you're probation is violated on the first MIP as a result of the second one, you could have your deferral for the first MIP pulled and the conviction entered on your criminal record. Even then, you'll still have to deal with the second MIP. You cannot be allowed more than one deferral under the MIP statute. Remember, although many judges will wait until for the outcome of the new case before deciding whether to violate probation, they don't have to, as a new conviction is NOT required in order to find a violation of probation. The burden of proof is also lower.

    All of the things that you've done since that time certainly won't hurt, but getting another MIP one month after being deferred on one is no joke. Don't be surprised if the court doesn't give your newest efforts much credit. I suggest that you consult with a local criminal lawyer. Good luck.

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  • Will a court appointed attorney be sufficient to get granted under the HYTA (Holmes Youthful Training Status)?

    Being charged under 333.7404(2)(D), marijuana use. I have never been charged before and I am 19 years old.

    Andrew’s Answer

    A court appointed attorney can handle it. Any attorney practicing criminal law that can't should consider a career change. With that said, most court-appointed attorneys are not "below" that of a privately hired attorney in knowledge or skill. However, the advantages to hiring your own lawyer are that, obviously you get to choose who your lawyer is which isn't the case with appointments, and many times private attorneys have more time to devote to your case. The choice is yours, but there is no reason to suspect that a court appointed attorney cannot handle an HYTA or 7411 petition.

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  • When going to an arraignment, should you plead not guilty or guilty in order to get the plea bargain of HYTA?

    Being charged for 333.7404(2)(D), am 19 years old.

    Andrew’s Answer

    You cannot be plead under a plea agreement at your arraignment. You or your attorney must meet with the prosecutor in order to secure the agreement. In addition, some courts require that a written petition for Holmes be filed rather than simply asking for it on the record. Also, you may consider the controlled substances deferral under MCL 333.7411.

    Finally, you might also consider consulting with a criminal attorney in your area before you decide to throw in the towel. Remember, the prosecutor must prove that you're guilty. Good luck.

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  • Can a man be charged in the st of Mi for molestation on children 15+ years later and other rape victims if they come forward?

    my ex-husband was never prosecuted for molesting his children and now 15+ years later the children have come home after the state took them from me. the thing is one child is still out there that got the most hurt. however; i am being confronted b...

    Andrew’s Answer

    The statute of limitations for CSC is mildly complicated. Depending on the degree of CSC, it ranges from 10 years/21st birthday to life. However, the statute has undergone several amendments first beginning in 1988 and wasn't always "at any time." As long as the statute had not run out prior to the amendments "extending" it, than the time for prosecution of your children's case(s) would also extend. There are also tolling provisions. Without more detailed information, it's impossible to tell you if that has happened. I'd simply suggest that you contact the police, allow them to take a report, and then forward it to the prosecutor's office to determine if the acts are within the statute and provable beyond reasonable doubt. Good luck to you.

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  • Does the prosecutor in a criminal trail have an obligation to produce all res gestae wittnes

    in this case a major prosecution witness stated to police during there investigation that he heard that the defendant had on his person certain items that where part of the crime in question yet the police did not question this person as to where ...

    Andrew’s Answer

    A prosecutor's duty with respect to res gestae witnesses is only to list such witnesses known at the time of the filing of the information and those that become known before trial. There is no longer any duty to endorse or produce such witnesses. This duty was abolished by statutory amendment in 1986. Upon the defendant's request, the prosecutor must provide reasonable assistance to the defendant in locating KNOWN res gestae witnesses. The jury instruction that Mr. Jones refers to is only appropriate if the prosecutor fails to provide the reasonable assistance where it is warranted OR improperly removes an endorsed res gestae witness from his/her witness list. The police and prosecutor are not likely going to be required to "follow up" on this person nor to produce them at trial. If they are aware of this person's presence as a res gestae witness, assuming that's what they are, their only duty is to tell the defendant about him/her.

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  • Can I plead not guilty for an MIP?

    I am 18, a student at Grand Valley State University, and I only blew a .015. I had barely anything to drink. Everyone else (10 others) who got MIPs with me blew way higher than me. What are my chances of getting this misdimeter off my record? I ca...

    Andrew’s Answer

    If you already pleaded guilty, the only way to remove it from your record will be to wait five years and attempt to have it expunged. If your case is open, you can plead not guilty and go from there. The amount of alcohol that you blew is irrelevant because there is zero tolerance. You can receive an MIP conviction simply because you're holding onto a beer, even if you haven't consumed any of it. You should get yourself an attorney. One that practices regularly in the 58th District Court in Hudsonville if your MIP happened at/near the Allendale campus. This is because in order to avoid a criminal record, you'll either need your attorney to defeat the charge or you'll need a deferral, and the judge in this court will not be happy to see you. His nickname is the "MIP Hanging Judge." It's your first MIP, but it's his 768,000th in his court. Get a local lawyer. Good luck.

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  • Trespassing charge in michigan

    I was arrested in michigan for trespassing at a hotel i was staying at while i was drunk and disorderly. Was held on 3500 dollar bail, I am wondering what i can do to keep this off my record. Do i need a lawyer?

    Andrew’s Answer

    Of course you need a lawyer! Now, in a serious tone, the worst way to handle a criminal charge is to defend yourself. There may be one of several ways available that will allow you to escape this situation without a criminal record, but you need to contact a local criminal lawyer in order to know that for sure. Good luck to you.

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  • Can his charges be dropped completely?

    Currently on parole, a friend of mine was visiting someones house. While there, someone slipped something into his drink. The next day he ended up in jail, not completely sure how he got there. However, they want to charge him with posession and ...

    Andrew’s Answer

    Prosecutors don't make it a habit to drop charges completely, so although possible, it's not very likely. In addition, if he's on parole than he has a detainer, which means he's sitting in jail on "dead time", so he's getting zero jail credit. Typically, parole agents await the outcome of a new case before acting on the parole detainer, however, a #1 way to get returned to prison is to pick up a new charge.

    I don't know what happened, I wasn't there, but I certainly wouldn't go with the version you typed above unless I had solid evidence to back it up. He needs to hire a competent criminal defense attorney in his area ASAP. Good luck.

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