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I was arrested for hitting my boyfriend with a golf club
No Contact Orders can be made as a bond condition while a case is pending or as a sentence condition. If you were arrested, you are VERY LIKELY subject to a 'no contact' order as a condition of your release. This may exist even though it was not specifically mentioned by the police or judge. You should check the paperwork that was given to you when you were released. If you are not sure, then please contact your lawyer or the court clerk. Better to be safe than sorry. Good Luck.See question
OWI in Rochester Hills, MI 52-3. I have a very good lawyer, but like getting treatment advice from a doctor, I am curious to hear a second professional opinion. Stopped for speeding. Officer claimed to smell alcohol I refused to answer any ques...
You have received solid answers so I will try to differentiate mine. There is no presumption of intoxication or impairment at .06. However, .06 is evidence of blood alcohol content. It is admissible in evidence. The officer may also testify that you appeared to be someone impaired or intoxicated based upon your behavior. Attorneys struggle with DUI cases that are below the legal limit of .08 because a judge or jury could still find a person guilty of OWI or Impaired based upon all of the evidence presented, including the BAC blood test. Like others have said, we are not here to replace the work that your attorney has done. There are certainly situations like yours where I would take the careless (which is classified as a non-criminal/civil infraction) versus running the risk of conviction at trial to a criminal offense. Good luck sir and thank you for your post.See question
Was accused of Use of Marijuana / use of a controlled substance, and was given a court date 2 months later in the mail for a "hearing" deciding if I go to trial or not. My question is urgent because I am around people who smoke Cannabis and it wil...
Usually, failing the first test will not result in a problem. It is far better to pass the test because your attorney can argue for no further testing. However, failing an early test in the court system will almost always guarantee further testing. As already stated, stay clear of second hand smoke. The judge will expect to see future marijuana THC levels drop and eventually negative. Absolutely, disclose any recent marijuana activity to your lawyer so that the court can be advised. Getting caught up in a lie is worse than testing positive for marijuana.
A WORD ABOUT MEDICAL MARIJUANA: I have found the courts are taking a harsh stance on medical marijuana and are rarely allowing the use while on probation. At least some courts will allow medical marijuana if there is more than just a single clinic visit to get a card. The courts that allow medical marijuana are asking about the medical condition, past medical treatment and even requiring documentation and/or possible testimony from medical professionals.
I was on probation for dwi
You have the possibility of being discharged if the court does not find out about the 'missed test' or if it is not reported. You also have the possibility of being 'show caused' to answer for the 'missed test' before you are discharged. Lastly, you have the possibility of being discharged but face a 'show cause' hearing after you are discharged if the 'missed test' is reported after you are discharged. As long as it occurred while you were on probation, it can be validly brought up against you even after you are discharged. I would also like to see you obtain a 'back up' test a soon as possible for drugs and alcohol. You should obtain statements from witnesses that can validate your reason for the 'missed test' to assist your lawyer in defending you for this violation. Good luck from Abdo Law.See question
I am on the fourth month of a 6 month probation sentence for a first offense OWI. I have had no probation violations, all classes and community service are done, and have been on a sober link since 3 months before I was sentenced till date. I was ...
Agree with Jared that 6 months is a very short term of probation for a first offense OWI. Also, as he said, it doesn't hurt to ask your probation officer for a modification or early termination. Under the circumstances, I would suspect that you would fare better by having an attorney file a motion for modification or amendment of the terms of your probation and request that the sober link component be lifted. Your attorney can state that you have been 100% compliant and that the cost associated with sober link is a burden to your particular financial circumstances.In addition, you may be in a sales or employment position where giving a sober link sample is awkward. Now, if your underlying involved a high blood alcohol content or was a super drunk reduced to OWI, the court may want to watch you for the 6 month duration. Lastly, depending upon your age, the court may suspect that you want to get off probation early for a Cancun spring break.See question
I went to the e.r. yesterday and was diagnosed with a virus that has been going around. I was advised to stay home from work for yesterday and today. When I woke up this morning I called my random drug test line for probation and I am supposed to ...
No. You are subject to being show caused for failing to abide by a court order. However, you will want to present your doctor's letter at the time of the show cause hearing and ask for the Court to give you leniency. You may also want to obtain statements from people that can confirm your illness, confirm your whereabouts, and that confirm that you did not consume alcohol.See question
I had some xanax confiscated. I wasn't issued any kind of ticket, nor was I given paperwork of any kind. I told the officer I had a prescription and was told if I wanted them back to bring my prescription to the police station. I haven't had a pre...
I agree with the previous answers regarding the statute of limitations and potential issuance of a warrant. You may be out of luck if the prescription cannot be produced or if the substance does not match up with the prescription (milligrams and manaufucter). Possession of xanax constitutes a felony drug crime (possession of analogues). The maximum penalty is up to 2 years in prison. However, jail time is not usually an option if you have a good record. In addition, all first offense drug crimes involving "possession" or "use" qualify for disposition pursuant to MCL 333.7411 whereby the matter is dismissed and sealed after a period of probation. MCL 333.7411 has been used by our firm in several hundr do of drug cases to get both felony and misdemeanor drug crimes DROPPED. However MCL333.7411 is not available for drug crimes involving "manufacturing" or "delivery".See question
I have done so much research trying to figure it out but could not find anything. It says on the papers that it is considered contempt of court but nothing about the classification of the conviction.
MCL 764.15b is the statute that covers violation of a PPO. It sounds like you were held in contempt. This is not a felony but a criminal sanction for violating an order. It carries a maximum of 93 days in jail.See question
almost a year-and-a-half ago I got pulled over for driving suspended license I served 18 days in jail and got find court costs 18 months probation outpatient class and driving class I paid off All Fine's driving class was done outpatient class don...
This is clearly a violation as it sounds like this was not a prescribed medication. You will need the advice of an attorney. Your case sounds like a Rochester Court case (18 months probation). The fact that it was a 1/2 dose is irrelevant. In addition, your lack of knowledge that it contained opiates would not be the what the court wants to hear so you should be sure that you contact a lawyer should you receive a violation or show cause notice. Jail is possible along with WWAM weekends. WWAM LINK: https://www.oakgov.com/commcorr/Pages/program_service/wwam.aspxSee question
I have been placed under HYTA and have 6 months probation. Is my case sealed as of now? And when I apply for jobs should I tell them my convictions details on applications or since I am under HYTA is it already sealed And I can say no?
HYTA is a golden parachute for youthful offenders, age 17 but under age 24, which means that no conviction is entered unless you violate a term of probation. Even before the end of a HYTA case (at the end of probation when it is dismissed), it is sealed and no conviction is entered. It is my opinion that you do not need to mention it on an application unless the question is asked specifically about arrest history or cases handled under alternative provisions such as HYTA. I would advise you that even though it is sealed, records have a way of appearing and causing misunderstandings. Also there is a list of entities (courts, law enforcement, some other security sensitive entities) that can always see a case handled pursuant to HYTA. You should be prepared with a copy of your disposition from the court in case something comes up regarding your HYTA case.See question