Will I go to jail for missing a drug test for probation?: After I was sentenced to probation, I was involved in a serious car accident. My doctor has completely disabled me, and I have no transportation. I have trouble walking, as one of my legs is always numb and unstable. I was unable to get out of bed the morning of my drug test, and cannot walk the distance to the court house. What should I do?
Scott’s answer:
Missed tests are often considered to be failed, or positive tests, for violation purposes. It would be better to have a lawyer explain the situation to the court.
Most judges, in my experience, would prefer that you come in and explain why you missed an ordered test than see a petition for a bench warrant. Likewise, probation officers or more inclined to work with you if legitimate circumstances prevent completing a required term of probation. If you've already failed to appear, make every effort to clear up those outstanding obligations. Again, a lawyer can help present your case, your efforts, and your obstacles quickly and in a language the courts can understand.
Could a 17 year old be charged with trespassing if they entered their estranged fathers house (unlocked) to retrieve a gift?: He was never told he was not welcome at his fathers house and the item he retrieved was a Christmas gift.
Scott’s answer:
Based on the facts you provided, he could be charged for Trespass under MCL 750.552(1)(a). On the other hand, if he is charged with Illegal Entry under 750.115, he may have a defense if his purpose in entering the premises was to retrieve property that belonged to him.
At age 17, he is considered to be an adult for charging purposes. Clearly this is a complicated issue that should be handled by a competent and experienced attorney.
What should I do in this trespassing case?: A few friends and I were smoking marijuana on a school playground and after we were finished a policeman came in and told us all to stay put. After finding our pipe, he had us throw it down the sewer. Eventually he gave us all tickets for trespassing at night. All of our records were very clean to this point and we are not regular smokers. At our arraignment, should we plead guilty or not guilty? What is the best and worst sentence/fine we can get?
Scott’s answer: At any arraignment, you should plead "not guilty" or stand mute. At the pretrial conference, the prosecutor may offer a plea to be taken under advisement. While the conviction will appear for a time on your record, it should be dismissed after you've completed the terms of probation. In any event, the facts you related present several troubling aspects about the stop. You should consult an attorney before proceeding.