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Keeley D. Heath

Keeley Heath’s Answers

72 total


  • Can I get off of probation in trade for jail time ?

    I have a year of probation and can not be bound by unnecessary rules for a mistake I made

    Keeley’s Answer

    You can always reject probation, but you would potentially be subject to the maximum jail (or prison, if a felony) for the offense.

    Making a decision to reject probation is one that should be considered carefully based on the facts of the case and your criminal history. I would recommend consulting with a lawyer first.

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  • Can I get into trouble if I live with a felon and know that the felon has a gun and take no action?

    And, I am married to the felon, but I have no criminal record, and have a permit to carry a concealed weapon.

    Keeley’s Answer

    I don't know that you can be charged for merely residing with someone who possesses a weapon as a felon, but he surely could be charged. If the police ever question you about a gun, you should simply remain silent. Do not say anything. It is far better to remain silent than to lie to the police. (Which, in Michigan, is a crime in itself.)

    I would, in your position, encourage your spouse not to possess a weapon as a felon. The penalties at both the state and federal level are quite severe. Depending on your spouse's record, he or she should explore expunction of his felony, if there is only one, and he or she has no more than two misdemeanors.

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  • What would happen if a 14 year old snuck out of her house to see her 16 year old boyfriend

    Ok so I'm 16 and my girlfriend is 14 and she snuck out to see me and her dad came looking for her and when she found out she jumped out of my window and ran away and now her dads aging that imma go to jail but we didn't do any thing sexual and he'...

    Keeley’s Answer

    It's difficult to answer without knowing all of the circumstances. If you have ever had sexual contact with her, you could be charged with criminal sexual conduct. The age of consent in Michigan is 16. Also, if you have ever exchanged photographs that show either of you nude, you can be charged with various child pornography crimes. If you are questioned about these things, you should not speak with the police. You should also not consent to a search of your phone or computer.

    I would recommend that if your girlfriend is being beaten by her father, then she should report that to the police or child protective services.

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  • If I'm currently on probation for a felony but I am placed on hyda does it show up on my background check ?

    Probation for uttering and publishing

    Keeley’s Answer

    It should not show up on a background check. Even though you are on probation, a conviction against you has not entered when you are placed on HYTA probation.

    You should run a background check on yourself on the Michigan State Police website to verify that it is in their system correctly. If it is not, you can contact the MSP to have it corrected.

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  • In michgan is it legal for a 16 year old to date a 14 year old

    i just started dating this 14 year old girl and i wanna know if i will get in any trouble if i date her

    Keeley’s Answer

    If by "date" you mean "have sex with," the answer is yes, it is illegal. The age of consent in Michigan is 16. Until this girl is 16, she is what is commonly referred to as "jail bait." Run away now. Seriously. You could wind up in prison.

    Also illegal is to exchange naked photographs over social media or via text. You can be charged with manufacturing, receiving, delivering, or possessing child pornography. Also a good way to end up in prison.

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  • Is it possible to expunge an "MCL. 257. 326 - Allow person to drive in violation of vehicle code" in Michigan?

    will this ever be off my record?

    Keeley’s Answer

    It is not possible under the current law. Criminal traffic offenses are not eligible to be set aside under the current statute. I would recommend continuing to watch changes in the law in the upcoming years.

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  • Can I get a copy of a police report while a case is pending in court?

    I have been charged with misdemeanor reckless driving. The other driver filed a complaint to the police. During a pretrial hearing, I was given a court-appointed lawyer by the judge since I can't afford to hire a lawyer. I would like to g...

    Keeley’s Answer

    Your attorney is full of crap. You have every right to see the police report - even an unredacted one. Demand that your attorney give you a copy. How are you supposed to assist with your defense if your attorney won't let you see the discovery? That's pure craziness.

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  • I got an MIP at 19 but only had my drivers permit, does this affect my getting a drivers license?

    I was 19 and had no previous record and I was caught in a dorm, not a car.

    Keeley’s Answer

    Regardless of whether or not you were driving at the time you received your MIP, it does abstract to your driving record. Whether or not it will impact you getting a driver's license depends on your other driving and/or criminal history, and how long ago you received the MIP. Your best bet is to purchase a copy of your driving record from the Secretary of State office, or speak to someone there in person. They will be able to tell you if you are eligible at this time to apply for a license.

    However, I would also say that if you received the deferral for the MIP, then it did not abstract to your driving record and should not impact your ability to get a license.

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  • My nephew lives in the state of Michigan and just got sentenced to eight months in county jail how much time will he really do

    he had a car accident and a gentleman passed away but they dropped it down to a misdemeanor

    Keeley’s Answer

    Good time varies slightly from county to county, but generally is around 5 days per month. So, on an 8 month sentence, a person will generally receive about 40 days of good time credit.

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  • What is the statute in Michigan for Assault?

    I'd really like to know how it would pertain to the police officer who keeps getting arrested for assault

    Keeley’s Answer

    The statute for a simple assault and battery in Michigan is MCL 750.81, which provides:

    750.81 Assault or assault and battery; penalties; previous convictions; exception; “dating relationship” defined.

    Sec. 81.

    (1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

    (2) Except as provided in subsection (3) or (4), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

    (3) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has previously been convicted of assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, may be punished by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:

    (a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

    (b) Section 81a, 82, 83, 84, or 86.

    (c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

    (4) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:

    (a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

    (b) Section 81a, 82, 83, 84, or 86.

    (c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

    (5) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.

    (6) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

    There are other statutes for more serious types of assaults, such as aggravated assault (involving injury), felonious assault (involving a weapon), assault with intent to do great bodily harm less than murder, or assault with intent to murder.

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