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Aaron S. Coltrane

Aaron Coltrane’s Answers

20 total


  • Would you consider this impeding traffic?

    Aaron’s Answer

    This is an interesting fact pattern, and I think you might have an argument. I would set up a consultation with an experienced local attorney and discuss the facts in more detail. However, remember that impeding traffic is a very minimal offense in Michigan. It is a zero point ticket with minimal fines and costs, so unfortunately, you might spend a lot more time and money trying to fight the ticket. I never want to see anyone go down for something that they didn't do, but I thought that information might help with your final decision on how to proceed with this matter. Good Luck!

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  • Will I be on probation for getting a misdemeanor ticket for being in a park closing hours ?

    Aaron’s Answer

    Based upon your facts, as stated above, it seems as though they are charging you with some sort of loitering charge, or another similar charge. It could also be a violation of a local ordinance or something along those lines as well, which typically ends with minimal fines and costs and no probation. However, if legal activity was occurring around you, even though you weren't involved, they could try to charge you with Loitering in a place of Illegal Occupation. If that's the case, then you are being charged with a 93 day misdemeanor, which could possibly end with a short term of probation. Unfortunately, we don't have enough facts to give you a definite answer. Good Luck! (Also, as previously stated by counsel, it is the Judge that puts you on probation, not the cop)

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  • Can a 16 year old and 26 year old legally be in a relationship in Michigan?

    Aaron’s Answer

    I agree with the prior answers from counsel. You should find an experienced criminal defense attorney in your area, and discuss this matter in more detail. On its face, it may seem legit, but there might be some underlying legal issues if certain facts come to light. Good luck!

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  • Is it legal for a 16 year old and a 19 year old to be dating, in Michigan?

    Aaron’s Answer

    I agree with counsel's statements; the age of consent in Michigan is 16 years old. There are exceptions, however, as counsel previously stated, but as a general statement based solely upon your age, you should be in the clear.

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  • I got accused of stalking but everything they said was a huge lie how do I win in court

    Aaron’s Answer

    I agree with counsel, you really need to either hire an attorney, or have the court appoint an attorney for you if you are indigent and cannot afford one on your own. As far as your ex and her mom are concerned, you must remember that the burden is on the prosecution to prove beyond a reasonable doubt that you did, in fact, commit the crimes that they are alleging you committed. Based upon the minimal facts you listed above, it seems like the prosecution has some work to do. Regardless, you need to get an experienced criminal defense attorney as soon as possible, so he/she can discuss the events that "allegedly" took place in more detail with you and advise you of your options and possible avenues of relief. Good Luck!

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  • I was 10 minutes late on my sober link test and got called in for bond violation, freaking out.

    Aaron’s Answer

    I would agree with counsel, it would be best to consult your attorney regarding this matter to discuss in more detail. However, as far as the bond violation is concerned, it could go 1 of 2 ways. 1) Due to the failure to breath into the machine being a technical violation, compared to a violation due to the consumption of alcohol, the Judge could give you a verbal reprimand and allow you to continue on bond with the prior terms intact. If this is the case, remember that this is probably the only break you're going to catch. or; 2) Depending on the Judge, they could revoke your bond, or make you pay another bond (which might be the case in (1) above as well). If your bond is revoked, depending on the circumstances, you could have to sit. Hopefully this isn't the case. In my experience, option (1) tends to be case, unless there are some underlying circumstances that you didn't mention. Hope this helps!

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  • Have I "exhausted" my state appeals / remedies to be able to habeas federally?

    Aaron’s Answer

    Yes, you can. The Federal writ of habeas corpus is typically the very last avenue of relief available to state prisoners from their criminal convictions. The writ will allow you to challenge the constitutionality of your incarceration prefaced upon the correlating conviction in Federal Court once you have exhausted all other means of redress within the state court system. However, the Federal Court will only review your habeas claim if it asserts a violation of the Federal Constitution, and you have already presented your claim to the state courts for review. The only reason I say that is because, despite certain exceptions, the federal court will not review constitutional issues that were defaulted or never raised in the state court. Clearly, this is most commonly the result of defense counsel failing to act during trial, or failing to do something at trial to preserve the defendant's claim for appellate review. I know that my answer gives more basic knowledge as opposed to specificity in relation to your question, but I hope that helps! Good luck!

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  • Was the dentist wrong for cleaning my teeth without and against my permission?

    Aaron’s Answer

    I would assume that your dentists administers regular teeth cleanings to every patient during their scheduled appointments as a matter of course, and I would further assume that teeth cleanings would fall within the scope of preventative care, which I believe is a primary goal of dentists. Furthermore, with preventative care being an overall goal of the dental profession in its entirety, I'm almost positive that administering a cleaning would not fall outside of the recognized standard of care for the profession (or similarly situated dental professionals). With that being said, unless you suffered damages as a result of the dentist cleaning your teeth, I doubt you have much of a claim. Did you attempt to prevent the dentist from administering the cleaning? I'm guessing they didn't give you any knock out juice for something so minimally invasive, so unless you proactively attempted to stop the dentist, who continued against your wishes, and you suffered damages as a result of him forcefully cleaning your teeth, you might as well try and focus on the positives of this situation and chalk it up as a win that you have a nice clean smile!

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  • Im 17 my gf is 15 she got pregnant from precum and we didnt have sex could her parents put me in jail

    Aaron’s Answer

    Luckily for you, Michigan has done what many other states are doing and have enacted what's called “Romeo and Juliet exceptions,” to protect teenagers who engage in consensual sexual activity with other teens from criminal charges. Michigan’s statutory rape law does not exempt teens from prosecution for sexual penetration, but they are protected from prosecution for other sexual activity. Here, you said that you didn't have sex, but just remember that oral and digital penetration is still considered sexual penetration!! I'll give you a quick example to make sure you understand: A 17-year-old who engages in consensual "petting" with a 15-year-old could not be prosecuted for a crime. However, if the parties engaged in oral sex, the 17-year-old could face prosecution. Hope that helps!!

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  • Is it illegal to touch someone else's property in the state of Michigan?

    Aaron’s Answer

    Well, I guess the first piece of information that we would need to know is how did the tenant respond to the LL saying she would contact "Jane Doe" to help get her things packed up? Did the tenant agree? Did the tenant inform the LL that she didn't want Jane Doe to touch her belongings? If that is the case, then the tenant would have a cause of action against the landlord. In Michigan, LLs don't have the right to self help. They have to go through the courts in order to evict a tenant from the premises. First, they have to file a Notice to Quit, then a Complaint, and finally a Summons. After the hearing, if the LL wins, the tenant has 10 days to move out, pay, etc.. However, if the tenant wins, the tenancy continues. (That was all for future reference of course, just in case Tenant has a similar situation in the future and doesn't want to immediately vacate the premises) Here, under your circumstances, If a tenant is forcibly removed from or kept out of rental property by force, the tenant may sue the landlord. If the tenant prevails, the tenant is entitled to recover three times the amount of damages or $200.00, whichever is greater. Damage to the tenant can include the cost of staying at a motel, as well as actual physical damage to the tenant or his belonging. With that being said, the underlying question is whether or not the LL had consent from Tenant to have Jane Doe remove his property from the premises. Hope that helps!!

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