Michael R. Bartish’s Answers

Michael R. Bartish

Grand Rapids Criminal Defense Attorney.

Contributor Level 8
  1. If a cop wants to interview on details of a possible sexual assault charge on a girl who is 13, what do you do?

    Answered 5 months ago.

    1. Jared Clayton Austin
    2. Michael R. Bartish
    3. Robert Jason De Groot
    4. David B. Carter Jr.
    4 lawyer answers

    I agree with Mr. Austin. The person in question should absolutely not agree to answer any questions without an attorney.

    6 lawyers agreed with this answer

  2. Can my probation officer find out i have a job dealing with direct money when im not suppose to?

    Answered about 1 year ago.

    1. Steven M. Dodge
    2. Michael R. Bartish
    3. James S. Lawrence
    4. Patricia A. Reiser
    4 lawyer answers

    He can find out if he checks with your employer. He has the right to do that. I agree with the previous poster. I would explain your situation to the PO and if necessary file a motion with the judge. You do not want to jeopardize your HYTA status.

    4 lawyers agreed with this answer

  3. My appeal claim on my driving restriction was denied. Can I take an adult driving class accompanied by a certi. driv. instr?

    Answered over 2 years ago.

    1. Michael R. Bartish
    2. Aaron Jeffrey Boria
    2 lawyer answers

    Margaret: You can appeal the Secretary of States decision to the Circuit Court and I would suggest that you do so. However, if you elect to go this route, I would suggest you contact an attorney who is familiar with Driver License Restoration cases and has handled Circuit Court appeal of Secretary of State decisions. I do handle these type of cases and would be willing to offer you a free consultation if you wish.

    Selected as best answer

  4. I am on HITA for an MIP, I have completed four out of six months of non-reprobation. Will I be drug tested when I'm discharged?

    Answered 2 months ago.

    1. Rolland Sizemore III
    2. Michael R. Bartish
    3. Stacey M. Washington
    3 lawyer answers

    You should assume that you will be drug tested. Accordingly, do not act in any manner that may make you succeptible to a positive drug test including hanging out with friends who are smoking marijuana. You are so close to the end. Be extra vigilant to ensure that you do not screw this up.

    3 lawyers agreed with this answer

  5. I'm going to be 21 1 week after my court date is set for my first MIP charge, will that help?

    Answered 9 months ago.

    1. Michael R. Bartish
    2. Steven M. Dodge
    3. Ronald L. Foster
    4. David B. Carter Jr.
    4 lawyer answers

    The 58tg District Court in Holland has a MIP diversion program. You will probably qualify. For what it is worth, I do not believe the officer had probable cause to make you submit to a preliminary breath test based on the information contained in your question.

    3 lawyers agreed with this answer

  6. Can I be jailed for a positive urine screen?

    Answered almost 3 years ago.

    1. Michael R. Bartish
    2. Loren M. Dickstein
    3. Daniel P. Hilf
    4. Andrew Charles Lapres
    4 lawyer answers

    Based on your location, I suspect that you will be in front of Judge Post. In my experience, Judge Post will most likely remand you to jail even if you do plead not guilty to the probation violation. The hearing will likely be scheduled for two weeks later. False positives are a concern in Hudsonville District Court. My advice is to stay as far away from MJ as possible including any friends that still use. Judge Post does not buy the "passive inhalation" defense and would violate you...

    Selected as best answer

  7. If I choose not to use HYTA or 7411 in a first time offence involving marijuana use, how likely is the 90 day jail time?

    Answered about 2 years ago.

    1. Kevin Bessant
    2. Michael R. Bartish
    3. Andrew Charles Lapres
    4. David B. Fordyce
    4 lawyer answers

    Obviously, your sentence depends on your judge. However, for a first time use or possession charge, I would be very surprise if you received any jail time.

    2 lawyers agreed with this answer

  8. I have a felony warrant issued in 2007, does the statue of limitations apply? I was not given a ticket at the time of encounter

    Answered 9 months ago.

    1. Christina Chang Bridger
    2. David B. Carter Jr.
    3. Michael R. Bartish
    4. Becket J. Jones
    4 lawyer answers

    Holland district court does have a diversion program. If you have no prior record, you should get it. It also sounds like there was no probable cause for the officer to have you submit to a PBT.

    1 lawyer agreed with this answer

  9. Is a sex offender in violation of the 3 day law if he or she comes in to register 7 days after they move form the previous add

    Answered over 1 year ago.

    1. Michael R. Bartish
    2. Shawn James Haff
    2 lawyer answers

    Yes. You are in violation of the law as it requires 3 days. However, I would still advise you to hire an attorney as you may still be able to work something out given the nature and facts of the violation. The fact that you on your own went to notify of the change of the address (even if it was 4 days late) will certainly work in your favor and might result in a very acceptable resolution of the matter.

    1 lawyer agreed with this answer

  10. My rights as a military spouse

    Answered almost 3 years ago.

    1. Michael R. Bartish
    2. Michael James Perillo Jr.
    3. David A Wendell
    3 lawyer answers

    Are you a military member as well or only a spouse. If you are only a spouse, CID did have the right to "ask" you to submit to fingerprints as well as photograph your tattoos. However, you did not have to "consent" to their request. You had the absolute right to refuse to provide fingerprints and refuse the photographs of the tattoos. You also had the right to refuse to answer questions or go to the CID office unless they arrested you. I would advise you to consult with your own attorney...

    2 lawyers agreed with this answer

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