Archived
IS IT POSSIBLE TO HAVE A MARIJUANA POSSESSION THROWN OUT AFTER IT WAS FOUND IN A BAG THAT ALSO CONTAINED MY ID??
James's answer
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Answered on December 21, 2016
It is very unlikely that a judge would throw this out before trial. You possibly could win at a trial, or make some sort of plea bargain. Even if...
Archived
How do you prosecute someone of rape without rape kit.
James's answer
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Answered on December 12, 2016
She can go to the police, they will take her statement, and present the matter to the county prosecutor, who would decide whether to prosecute. ...
Archived
Accepts plea but wishes to withdraw it
James's answer
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Answered on December 12, 2016
In state or federal court, once your guilty plea has been accepted by the court, there is no absolute right to withdraw it. You can file a motion...
Archived
Can i get out of a "driving on suspended license" charge by saying i was traveling privately?
James's answer
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Answered on December 12, 2016
It can be a defense that you were on a roadway not open to the public, such as a private parking lot. Once you get on a public road you normally...
Archived
Can a 18 year old get charger with statutory rape if they have sex with a 17 year old ?
James's answer
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Answered on December 12, 2016
In Michigan, the age of consent is 16. That means that an 18 can have legal sex with a 17 if it is consensual, and if there are no additional...
Archived
Michigan, can a probation violation be overturned with resentencing on original charge?
James's answer
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Answered on December 05, 2016
When you are found responsible for a probation violation, you can receive any sentence that is legally available for the underlying crime for which...
Archived
What is the next step in extradition if the requesting state isn't contacting the holding state?
James's answer
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Answered on December 05, 2016
File a state court Petition for Habeas Corpus. The last time I filed one in this situation, the judge in Wayne County ruled that the other state...
Archived
Im confused under Michigan Law I can legally purchase and possess a firearm under the Brady Law I can not how can this be?
James's answer
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Answered on December 05, 2016
Unfortunately for you, federal law controls on this subject. Whether the state allows you to get a permit or not, you would still be in violation...
Archived
Is it legal in the state of Michigan for a 17 year old boy to date or have sex with a 14 year old
James's answer
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Answered on December 05, 2016
There should be no sexual contact of any sort with someone who is not yet 16. You could be prosecuted for third or fourth degree criminal sexual...
Archived
What are the future possiblities or charges?
James's answer
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Answered on December 05, 2016
It is up to the prosecutor to decide whether to charge you. I recommend that you do not answer questions from authorities if they ask you any. If...
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