I was convicted of 1 count of Bank fraud on 01/20/1998 in the US Eastern district court of Michigan. My sentence was 1 month imprisonment and 3 years supervised probation and restitution of $27,800. Currently I'm a nursing student and have been hi...
The only way that I know to have a federal conviction expunged is by presidential pardon. You may look up information regarding this process on th US Justice Department website. The federal system does not have an equivalent expungement statute that exists in Michigan for state convictions of felonies and misdemeanors.See question
We have had this sort of problem before where we have had the same person break into ours and other people's apartment and taking stuff and everyone's mail as well we found this person one night while we was sleeping in our kitchen looking in my p...
This is a situation where you should consult with a private lawyer about giving anonymous information to the police so the police can track him online and keep you out as a witness for your protection.See question
I am looking at theft from grounds outside of a house more than 200 but less than a thousand this is my first offence what will I likely get charged time wise please help can't sleep
I am not sure if this is a retail fraud which would be a misdemeanor or larceny from a building which would be a felony. If you do not have a record, your case is usually manageable with various plea options which may be negotiated. Your attorney will explain your options in greater detail. Try to get some sleep and consult with an attorney that offers a free consultation in Macomb County. As I said, the case sounds manageable. Stop agonizing and get some help.See question
So about a year ago I got a Domestic Violence and MIP because my sister and I got into an argument one night while I was under the Influence. This incident was a bottom for me, so I decided to start therapy and counseling right away. I was placed ...
You could be violated but you explain the background very well. It sounds manageable but ultimately it will be up to the judge whether to: impose sanctions, extend probation with opportunity to finish counseling... The important part of you said is that you have made change and have no new arrests or crimes to report. You should talk to a lawyer about lobbying to terminate probation. Maybe get some letters from the members at your church group for character and as evidence that you were in involved in a self improvement religious based group as well. Good luck.See question
My boyfriend was arrested for domestic violence two days ago. The cop that was here told me a no contact order would be put into place. Does it get out into place immediately or when the prosecutor calls you then its official? I'm just wondering o...
A no-contact order is issued by the court at the time of arraignment as a bond condition. If a bond condition is broken, the offender faces sanctions, including jail, for the violation. A no-contact order as a bond condition will continue during the pendency of the case until sentencing. At the time of sentencing, a no-contact order can be continued or issued as a condition of probation. Bond conditions terminate at the time of sentence. Sentence conditions terminate after you have completed probation.
Compliance with a no-contact order means that no-contact is allowed by any direct or indirect means or by the use of third parties.
If a no-contact order is in place, you can file a motion or request for a hearing to have it modified or removed.See question
I'm 17 with a traffic ticket for dwls this was my first time. I was driving to a high school basketball game to drop off a shoe to my friend so he could play bc he and left it in his car which was at my house. The high school was 40 minutes away a...
You definitely should hire a lawyer. Most DWLS first time are manageable but nobody can guarantee the result. Take a close look at your situation; you are 17 and your license is suspended. Something about your driving is catching the attention of the police. Please obtain a driving record from the Mich SOS for your lawyer to review and advise you on the steps to get your license back. You have a waiting period before you are eligible. Best advice for you is stay off the road until you get your license. Telegenic drive like a grandma until your points and insurance rates drop.See question
I got a felony for delivery of marijuana in 1998 and i haven't been in trouble since. It is my only felony.
Rule 1, Felony Expungement: A person who is convicted of not more than 1 felony and not more than 2 misdemeanors may petition to set aside the felony, or,
Misdemeanor Expungement: A person who is convicted of not more than 2 misdemeanors and no other felony or misdemeanor offenses may petition to have 1 or both misdemeanors set aside.
Rule 2, Extensive criminal record may preclude expungement: A person convicted of more than 1 felony, or more than 2 misdemeanors, is not eligible for expungement of anything. For this purpose, offenses that have been dismissed pursuant to a deferred sentence, MCL771.1, MCL 333.7411, MCL 769.4a or HYTA shall be counted as misdemeanors in determining whether a person is eligible for expungement.
Rule 3, Five year waiting period: An application to set aside a conviction shall only be filed 5 years or more after sentence, completion of probation, discharge from parole or completion of imprisonment; whichever occurs last. The maximum period of probation for a misdemeanor is 2 years and 5 years for a felony. Therefore, a person would have to wait 10 years to file for an expungement of an eligible offense after completing 5 years of probation for a felony.
Rule 4, Ineligible Expungement Offenses: The following offenses are not eligible for expungement:
Felony, or attempted felony, with the maximum penalty of life imprisonment.
Conviction or attempted convicted of a criminal sexual conduct offense. There is an exception for CSC 4 th Degree which occurred before 1/12/2015 and the offender does not have more than 2 minor misdemeanor convictions. A minor misdemeanor is an offense that does not exceed 90 days in jail and must have been committed before the offender was 21 years old.
A felony for domestic violence if the person has a previous conviction for domestic violence.
Traffic offenses or drunk driving.
I'm 17 and have a problem with school truancy so I decided to take my GED. Upon missing 3 day 2 of which I had a doctors note my probation officer decided she wont let me take my GED until I have consistent attendance.
A condition of probation might require regular school attendance so you might have a problem here. One way to find out is to file a motion for review of your probation. You can ask the judge for a ruling on the matter or to modify probation. However, you need to retain local counsel and inquire as to whether this will open a can on worms and expose you to a probation violation.See question
I have domestic violence case against me, and at the same time, my wife got PPO and divorce papers. Because of PPO, I can't really meet with my wife for 2 meetings required by law about our child's custody. She wanted the house and just quickly ge...
Unfortunately, scenarios like you have described can be legitimate or based upon false accusations to keep you away from your wife and children. Judges are not real helpful regarding PPO cases. I have seen judges issue PPO's to be on the safe side even when they do not know who is telling the truth. The same goes for domestic violence cases. Some alleged victims know how to put just enough in a police report to support criminal charges.
You are not getting a lot of responses because there are no easy answers to your situation. I hope you can get a good lawyer to set the record straight. LIke you have said, this could be your wife's grand plan. However, you need to proceed through legal channels to get satisfaction. Living well is the best revenge!See question
Charged with disturbing the peace..put in jail overnight. Charges were dismissed. A report says complaining witness wants me charged with disturbing the peace, contrary to law. I posted a message on an anonymous social media platform. Another ...
This is a very unfortunate situation. I can see where you are potentially thinking about a lawsuit for police misconduct. I suggest that you talk to an attorney that specializes in this type of work. There may be police misconduct if you were charged based upon gross negligence. The government does have some immunity in these types of matters which is probably not a surprise. However if the charge was based upon reliable information without gross negligence or malicious police misconduct, you may not have any grounds.See question