I plead guilty to OWVI from a high bac charge in Lapeer MI court 71A. I hear that this court tends to be more lenient than most but I am anxious what my terms of probation are likely to be through this court? Is judge Barnard likely to impose drug...
You can expect to be treated fairly by Judge Barnard. As Mr. Fabian stated, sentencing for an impaired driving will depend upon various factors including but not limited to: your blood alcohol content, your prior record, whether there was an accident and victim, whether you were cooperative with the police, the recommendation of the probation department and any other positive or negative aspects of your life.See question
I was sentenced in Oakland County MI on Dec. 15th and ordered to serve 30 days (21 actual days. 5 days off for good time on 30 days plus 4 days previous time served) beginning the sentence on Dec. 24th. What time does the Oakland County jail take ...
Since you need to make sure that you are 100% compliant, contact the court that sentenced you! I am responding 12-22 at 3:45 p.m. and you should call ASAP because the court may have limited hours due to the holiday. If you can't reach someone at the Court, contact the OCJ and ask if they received the commitment order.
Oakland County Jail
Address: 1201 N Telegraph Rd, Pontiac, MI 48341
I would like to have coffee with another person in my recovery groups, but we both have felonies? Because we're both in recovery together and not just acquaintances, can we have coffee together or communicate outside the program?
As usual, Mr. Austin nailed it. You should not communicate with felons (and sometimes anyone in the court system) if you are on parole or probation. If you are on parole or probation, KNOW all of of probation or parole conditions so you are not in violation. Good luck with continued success in your recovery.See question
So I was charged with possession of marijuana and at my arraignment the prosecution agreed to the 7411. I know it is ultimately up to the judge, but I have kept it clean for 2 months so I know I will test clean the day before sentencing and will h...
Traveling great distances to provide a random sample is a recipe for failure and our courts are sensitive to this situation. However, your lawyer needs to present an alternative plan to the court. An alternative plan such as testing at a verified or reliable testing center in your area is something that can be presented to the court. Your will want to obtain the credentials of the testing center to the court and probation department for consideration. You should do some homework by contacting the court in your jurisdiction and asking who they would recommend for testing. Good luck.See question
My buddy and I got pulled over by the cops and they found his alcohol on him and gave him a ticket and then they ask if there was marijuana in the car and I said yes it's in my bag so I got that out for them and then they search the car and found...
First of all, it sounds like you validly consented to the search or surrendered the marijuana to the cop upon being asked. If you are under age 24, you are eligible for HYTA. For a first time drug crime involving possession or use, you are eligible for MCL 333.7411. We have obtained both HYTA for youthful offenders and 7411 for first time drug offenders extensively in Macomb County for eligible clients. However, your case must be negotiated with the prosecutor and presently appropriately to the Judge. Both HYTA and 7411 mean that the offense is eventually dismissed and the record is sealed by the court/police agency if you comply with probation.See question
My Son, 24, works at UPS. He was arrested today and charged with Embezzlement from UPS. What penalties could he be facing?
We handle embezzlement extensively in Macomb County. The penalty for embezzlement in Michigan depends upon the amount of property that is claimed to have been embezzled or misappropriated.
Under $200, misdemeanor, 93 days and/or $500 fine
$200 but less than $1,000, misdemeanor, 1 year and/or $2,000 fine
$1,000 but less than $20,000, 5 years and/or $10,000 fine
$20,000 but less than $50,000, 10 years and/or $15,000 fine
$50,000 but less than $100,000, 15 years and/or $25,000 fine
$100,000 or greater, 20 years and/or $50,000 fine
A series of embezzlement acts may be charged as separate crimes or aggregated to a higher offense.
Hiring a lawyer to advise you of the best course of action is your best bet.See question
My 18 year old son was on probation for possession of marijuana. First offense. He completed all provisions of probation but tested positive for marijuana 3 weeks before being finished with probation. What will happen to him?
You will face a probation violation. Your odds will improve if you obtain a lawyer to formulate your strategy. The court has a range of sanctions when someone violates probation which include the following which are stated from best case scenario to worst case scenario scenario as follows: dismissing the violation, imposing court costs and continuing the original terms of probation, extending probation with ramped up testing and counseling conditions, extended probation and imposing some time in jail, terminating probation and extending a longer period in jail. There are other possible sanctions in between the above stated parameters which you can discuss with your lawyer.See question
19 being charged with armed robbery he has 2other co defendants they robbed four people of marijuanna and money he is a third habitual. What can he do to reduce or get sentence dropped
First of all, your attorney will need to explore all possible defenses to fight the case or that can be used to negotiate a lower offense in plea bargaining. If you do not work out a plea bargain or go to trial, the question is then whether you will plea it out. As a Hab 3, your attorney will need to work up your guideline range on a very harsh offense with Hab 3. This will put you in a very high range which is the job of your attorney to know as soon as possible. Then, your attorney will need to explore all mitigating sentence issues, such as mental illness, among other things. The judge may entertain a sentence agreement but usually it is within the guideline range absent substantial and compelling reasons that grab the court's attention and justify a lower sentence which is known as a departure (from the guidelines).
Lastly, HYTA is not available for armed robbery as I noticed age 19 mentioned.
Are you on bond for this offense? Or are you asking for someone else?See question
I rather just to the jail time how to I get out of it?
Sobriety Court is quite intensive and not for everyone. I know you said money is an issue. However try to obtain a lawyer to file a motion for modification of your sentence. In the motion, your lawyer can outline a request and plan for conventional probation with the component of substance abuse-alcohol counseling and relapse prevention. Good luck with this matter.See question
Long story short, I am on probation current in Mount Pleasant, Michigan and received a new charge downstate in Clarkston, MI. The new charge ended up being dismissed under MCL 771.1. My probation officer in Mount Pleasant violated me for the new c...
It sounds like you made out well by getting a MCL 771.1 with a dismissal after a period of time. It is definitely a violation of probation. I am not sure what the crime was in Clarkston. Disorderly? Trespass? Those are still crimes but less is better when it comes to new criminal activity while on probation. Anyway you will need to get a lawyer to represent your interests.See question