A year ago I plead guilty to leaving the scene of an accident. I have no prior issues with the law before that..Completely clean record. An Oakland county judge gave me 5 days in jail 8 days of wwam (labor) a driver education class and 1500 in fin...
You are faced with a probation violation because of your positive test for THC. Please seek the advice of an attorney. You will want to follow a plan that your attorney recommends. The plan might be to ask for extended probation with a refresher substance abuse program. You still face the unfair possibility of being hit with a few days in jail or WWAM weekends. .https://www.oakgov.com/commcorr/Pages/program_service/wwam.aspx
Good luck going forward with this matter.See question
Going to a mediation and I was told to present an IOS to the mediator prior. What is an IOS?
As a criminal defense attorney for more than 30 years, I am not familiar with this as a criminal law term. I see that your reference to the term is in connection with 'mediation' which is a civil proceeding. Maybe launch your question on the AVVO 'lawsuits and disputes' section of questions? I would also recommend that you contact your lawyer. Good luck.See question
My son was charged with a dui he was ordered to do breath testing every day for two months until next court date he failed only one breath test and was sentenced 93 days in jail .
ABSOLUTELY SEEMS UNFAIR, OVERKILL AND OPPRESSIVE! There are other means for a judge to utilize to grab someone's attention for violating an alcohol test. Sorry about this experience.See question
I'm about to stop him in the street and whoop his ass
First of all, document all activity that is concerning, harassing etc... The person that is driving by faces contempt for violating the no contact order. Also, the continuous contacts may support a criminal charge of 'stalking'. You should also look into obtaining a 'personal protection order'. Good luck and I am sorry that you are having this problem.See question
I have gotten a local ordinance ticket for not cutting the grass in time on my commercial property that is owned by the corporation that I own. It is a civil infraction so there are no points, etc. but the citation that issued names me and the ...
Great question. The answer is yes, a corporation can be held liable. I usually recommend a lawyer. However, in your case, you might be able to go to court and fix this yourself. Since the problem has been remedied, the code enforcement officer may agree to dismiss the case, take it under advisement and dismiss the case after a period of compliance, dismiss the case upon payment of costs, etc... You would be wise to seek a disposition with a dismissal to avoid any misunderstandings or accumulation of a record against your otherwise excellent business reputation.See question
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