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Michael G. Levine
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Michael Levine’s Answers

10 total

  • What is the legal age to move out of your parents house?d

    My friend wants to move out becausse his parents are too controlling and they yell at him for literally nothing and i need an answer for him.

    Michael’s Answer

    18 years old unless emancipated

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  • Do i need an attourney yet? I did contact an attourney; she told me not to spend my money just yet.

    I awoke to find my friend and neighbor, he is male i am a female; in my bedroom. H was intoxicated and i was sober. He threatened me with physical violence and grabbed my purse. A struggle ensued. my mother, who is on disability was also asleep do...

    Michael’s Answer

    Based on the information you have provided it sounds like you have possible defenses to the charges. However, at this point you have been charged criminally and you need to defend yourself. If you cannot afford a lawyer, you may qualify for the public defender. If you do not qualify for public defender representation I would strongly urge you to contact an attorney as soon as possible. An attorney will be able to guide you through the process, investigate your case and put forth your defenses. This information is for informational purposes and is not intended to be legal advice. Good luck!

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  • My boyfriend and two of his friends robbed a fast food restaurant how long who my boyfriend get this is his first offense

    thay robbed a mcdonalds one of his friends had a gun but my boy friend did not his two friends got away but my boyfriend went to jail where thay are holding him now and he is on parole for battery but this is his first time robbing any one what th...

    Michael’s Answer

    There are not enough facts to answer your question but generally speaking armed robbery is a class C felony and the maximum penalties are a fine not to exceed $100,000 and imprisonment not to exceed 40 years. If he is on probation there may be additional time that he will serve as a result of being revoked if he in fact is. I highly recommend your boyfriend hire an attorney he is facing serious charges.

    This is for informational purposes only and should not be construed as legal advice.

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  • Can i fight an assult as defense of a third party

    my husband was attacked by a chick and beings he would not hit a female i tackled her and then she hit me then we got into a fist fight can i fight this as seld defense as a third party? and what should i do?

    Michael’s Answer

    An affirmative defense is a defendant's assertion raising new facts and arguments that, if true, will defeat the government's claim even if all allegations in the complaint are true. However, there are requirements that must be met in order for the privilege of defense of others or self defense to be applicable. In your situation you would in essence be admitting to the allegations in the complaint (at least in part) but that those actions were privileged because you were acting in self defense or in the defense of others. However, it is more complicated than this simple explanation and I would need more information. I would highly recommend speaking with a criminal defense lawyer regarding your case. This is for informational purposes only and should not be construed as legal advice. Good luck!

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  • My son is 16 and got a speeding ticket

    My son has had his license for 8 months and received a speeding ticket for going 40 in a 25. The fine is only $88, but it is 4 points. Is it possible to get the points reduced to 0? If not, what will it do to my insurance?

    Michael’s Answer

    It is possible to have the points reduced. It depends on what County you are in in terms of how speeding tickets are disposed of. Appear at the court date and see what the prosecutor is offering to resolve the ticket at that time. If you are concerned about your insurance your goal should be to have the charge changed to a non-moving violation and pay the forfeiture. There are lawyers that specifically handle traffic tickets and I always recommend speaking with an attorney as this is for informational purposes only and is not intended to be legal advice. Good luck!

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  • Second offense of possession of Paraphernalia. . . What do I do?

    This summer I recieved the first ticket of my life and it just happened to be a paraphernalia ticket (for 2 small marijuana pipes and a small grinder). My court for that ticket is this Friday and I just got caught again with paraphernalia (one sm...

    Michael’s Answer

    Need more information, however when you go to court on Friday you will enter a plea of not guilty, no contest or guilty. If you are unsure of what to do the safe play would be to enter a plea of not guilty and hire a lawyer or try and hire somebody before Friday. If it is a municipal ordinance violation you do not have exposure to jail but your license could be suspended and/or a fine could be imposed. If it is a criminal charge; i.e. a misdemeanor, you face possible incarceration in addition to a license suspension and/or fine. If it is in fact a criminal charge and you cannot afford an attorney, you can have the public defender's office appointed to represent you. Good luck.

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  • How can I get the DA to agree to a deferred prosecution agreement for me?

    I failed a BAC test while driving on May 28th. New Drunk driving laws were put into place after that. Since I was arrested before those new laws were made effective, this is not considered a criminal offense, and I should be able to get a DPA

    Michael’s Answer

    A 1st OWI offense is not a criminal offense before or after the change in the OWI law that went into effect on July 1.

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  • What Judicial transfer mean?

    i have a class c felony and i got a bench warrent cause i am out of the country now and now it shows in my case Judicial transfer , so what that mean i am not american citizen i do have a green card thank you

    Michael’s Answer

    Judicial transfer refers to a decision to transfer a case to another court or another judge. I am not aware of your personal situation, but it could be due to the Milwaukee County Circuit Judges rotating in August of 2010 and as such your case has been reassigned to a new judge.

    You should contact an attorney based on your situation.

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  • Possession from a video tape.

    My son was at a party. Some kid took video of others drinking and smoking pot. This tape made it into the hands of the police. All the kids at the party are being changed with underage drinking and possession. what is the likely hood of these ...

    Michael’s Answer

    Remember the State has the burden to prove each charge beyond and to the exlusion of all reasonable doubt. Without a complete understanding of the evidence the State intends to introduce I cannot give you an anwser as to whether the State could ultimately prove its case. Additionally, there are collateral consequences to be aware of especially with respect to driving privileges. I would recommend looking into the possibilty of hiring a qualified attorney. Best of luck.

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  • Seeking Criminal Defense Attorney Pro Bono

    I am Seeking A PRO BONO ATTORNEY for MY SON WHO JUST TURNED 21 THIS YEAR. He is being held for 2 COUNTS OF MURDER AND 1ATTEMPTED...I cannot afford to pay,due to my economic status, and if I don't locate A PRO BONO MY SON MIGHT SEE THE DEATH PENAL...

    Michael’s Answer

    People are quick to dismiss the qualifications of the Public Defender. As a former PD I can tell you that the attorneys that handle the most serious of crimes are generally top notch attorneys. They have the experience and resources to properly represent your son.

    You may want to check with some of the largest law firms in your area regarding the acceptance of probono cases. Unless the firm has a dedicated practice component of handling probono matters I would have concerns. These types of cases are a tremendous undertaking for smaller practicioners.

    In some instances the public defender's office will have a conflict. In that instance the Court would likely appoint a private attorney to act as a "special public defender."

    Best of luck.

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