if you are on parole in mi and if u get a new case do u have to do your max time on your old case like if u get 2 years min and max 35 years and u get out after a year and get into trouble do u have to do the 35 years max or no I'm trying to find ...
I respectfully disagree with attorney Livingston. A new sentence is consecutive to the old sentence. The judge has a say on the new sentence, but can only set a minimum and maximum. The judge has no say on whether you will do the minimum, the maximum, or somewhere in between. The judge has no say on how much more of the old sentence you have to do. That is up to the parole board. If you are found guilty of parole violation, the parole board can keep you held on the charge until the maximum discharge date, but has the option of paroling again before the maximum date.See question
I have a warrant from bexar county and live in Wilson county I plan on turning myself in in Wilson county what are the chances they would transfer me to bexar county sincemt warrant is in that county
It is best to go to the county where you are wanted to turn yourself in. Going to another county will often result in delays in getting before a judge, which often means more time in jail.See question
I was sentenced on 9-7-2016. My attorney refused to take my case to trial. He refused to file motions no matter how many times I insisted. He called my family and told them to not bail me out. I took a plea to get out of jail so I could fight thi...
If you were innocent, pleading guilty was probably a bad choice. You cannot plead guilty to get a chance to fight the charges, because pleading guilty is a complete surrender to the charges, and a confession that you are guilty. If you were innocent, but the lawyer refused to take your case to trial and try to win, you should have asked the court to appoint you a new attorney, or hired a new attorney on your own. You now can file a motion to withdraw the plea, however, you need a legal basis for it. There are many possible legal bases to withdraw a plea, however, whether they will work depends on the exact circumstances of your case. For example, if the judge asked you if there were any promises or threats other than those stated on the record to get you to plead guilty, and you say no, it is difficult to come back later and say, "I lied, there really were additional promises and threats." If you tell the judge at the plea that it is your own voluntary choice to plead guilty, it is usually difficult to come back later and claim it was not your own voluntary choice.
Once the plea is withdrawn, you have the opportunity to go to trial. Because you are already convicted, you would now want an attorney with experience in handling criminal appeals.See question
a guy told me he was rich and wants to be with me ect and take care of me forever he lied to me just to have sex with me if lied about being rich and welling to take care of me is it a crime what he did to me
Unfortunately for you, a lie does not constitute force or coercion. Suppose he says he likes long walks, but secretly does not like them that much? Suppose he says he likes to get up early, but then he sleeps until noon? Suppose you say you are a virgin, but you are not? None of that would invalidate consent. He is not guilty of criminal sexual conduct by making himself look more attractive to you than he already was, any more than you are guilty of prostitution because you had sex in the hope of making money from it.See question
I understand that Michigan is not part of the DLC that almost all state's are. I have never been given a ticket or fine or anything in Michigan but my license is suspended in Florida for failure to pay a fine. If I were to be pulled over, can the ...
If your license is suspended anywhere in the US, it is illegal to drive in Michigan. A Michigan officer can easily find a suspension from Florida if he bothers to take the time to look for it.See question
Driving while license suspended, no proof of insurance,disobey traffic signal, missed court date
If you plead guilty to a misdemeanor crime, it is within the discretion of the judge to sentence the same day. Guilty pleas often take place at a pretrial. However, missing the court date will be considered a violation of the terms of his release on bond, and can be found to be contempt of court. He might have his bond pulled and placed in jail at the time of the pretrial, even if he does not plead guilty or receive an actual sentence that day. The judge can hold a hearing on contempt of court on the pretrial date, and would have authority to impose a sentence for it on that date. It is usually very difficult to win a trial on the crime of driving while license suspended. Since they can almost always prove that there was a suspension and that the Secretary of State notified him by mail, the main defense that could win would be that he was not "operating" the vehicle. The no proof of insurance and disobey traffic signal are not crimes, but only civil infractions, and you have the right only to a hearing with the judge, not a trial by jury. In most of these cases it is best to try to make a deal with the prosecutor.See question
Back in 2009 my husband was arrested for unlawful imprisonment he was not charged with any kind of sexual crime now he's seeing the parole board back in June or July and we've been waiting for their answer we just got their answer today stating th...
Normally, the parole board can insist on counseling before they give someone a parole. The fact that they did not tell him or make a decision about this earlier does not change their right to insist on it. If he refuses the counseling that is likely to cause the Parole Board to deny parole. If he agrees to take the counseling, but insists he is not guilty, they will kick him out of the counseling, which would harm his chances for parole. I have argued in court, both successfully and unsuccessfully, that punishing someone for declaring they are innocent is unconstitutional.See question
Thares a 17 year old girl coming on too me just want too see if i can get in any trouble
If the sexual activity is with consent, then it is normally legal in Michigan if both parties are 16 or over. However, in some circumstances it would not be legal, such as between teacher and student, parent and child, etc. Also note that nude or sexual photography is banned until she is 18, even if you have consent.See question
My friend was framed for murder the prosecutor only have one witness and no physical evidence. The witness also said he didn't see who did the shooting then changed his statement and said he did see the shooting.
It is legally permissible to convict someone of a crime with only one witness, and no physical evidence. [Exception: conviction for treason requires at least 2 witnesses]. The fact that a witness changes his statement is a factor that the jury can consider in deciding whether to convict. A case like this can often be won at trial, but each case is different. You should seek legal assistance for your friend right away, as a conviction for murder has serious consequences. The best time to win is at the trial. Once the defendant is convicted, he needs quick help with an appeal. If the case is old, and an appeal has already lost, there are still possibilities for motions in most cases.See question
A member of my family has had his criminal convictions vacated by the court of appeals. My family member is currently incarcerated. Which party is responsible for filing the leave to appeal form, the prosecution or the defense? Also, I'm not eve...
Whoever does not like the Court of Appeals ruling, that is the party who would be in a position to file an application for leave to appeal to the Michigan Supreme Court. Since you like the Court of Appeals ruling, you would not seek leave to appeal. The prosecutor, if he wants, can file in the Michigan Supreme Court seeking leave to appeal. "Leave to appeal" is when a higher court agrees to hear an appeal from a lower court, but the higher court is not required by law to hear the case. If the MSC decides not to hear the case, then they issue an order denying leave to appeal. If the MSC grants leave to appeal, then additional briefs are filed, and possibly oral argument is held. In most cases the COA ruling is placed on hold until the MSC decides the case. If the prosecutor fails to file to the MSC within 56 days of the Court of Appeals ruling, the COA ruling becomes final. The trial court would be in a position to hear a motion for release on bond filed by the defendant. Whether to grant bond depends on a number of factors, including nature of the crime, past record of failure to appear in court, etc.See question