I am on probation with 55th District for retail fraud 3rd degree and failed a pbt with readings of .010 and .006. I had not been drinking but had taken Nyquil the night before. My attorney says that I am probably going to jail Sentence was 1...
Jail is never a certainty but given how strict your original sentence was, I'm guessing you had prior arrests or convictions or there was something else unique about your case. There are things that can be done prior to your court appearance that can reduce your chances of incarceration. Do you have prices? Who is your judge? These are important questions your lawyer should be able to consider all of the facts and circumstances and tell you what your looking at. Do you have a lawyer you trust? If not, you really need one now.See question
I got a dui a few weeks back in Farmington Hills, my court date with Judge Parker of the 47th District Court was continued until early January. Recently, I was pulled over in Farmington and arrested for an OWI and sentenced to another court date w...
It will not be a second but it will be considered strongly at sentencing. If jail would be a problem for you, your going to need a really top notch criminal defense lawyer who frequently handles cases in the 47th and knows Judge Parker to give you your best chance of avoiding serious time.See question
Can my spouse obtain a concealed weapon permit and carry a pistol if I have a felony OUIL and resisting/obstructing charge on record? What about rifles in the home?
He can have a CPL and possess guns. The guns should be kept locked in a place that you do not have access to, like a gun safe for example. You should consider going through the process of gun rights restoration so there is less of an issue for your household.See question
I buyed a car on ebay and sent them the money on paypal the person the money and told me he is not sending me the car or the money back
There is no reason you shouldn't file a police report. Maybe the police will look into it for you. It sounds like you are the victim of a crime.See question
I am currently on probation for DUI. I am coming up for release. Today I got pulled over for speeding and driving on suspended license. The officer did not arrest me but gave me two tickets. Should I tell my probation officer about the violation o...
You should be talking with your lawyer. Different probation departments work differently and it can be a separate violation of probation not to report your contact with law enforcement. A good criminal defense lawyer may be able to help you avoid the consequences of a probation violation. If you don't have an attorney, you should consider consulting with one ASAP.See question
I failed to appear on a probation violation due to non payment of fines. I called the court to let them know my car was over heating and I could not make it and I have kept in touch with my PO since missing court. I also payed off the balance of m...
Jail is certainly possible but you have good mitigating facts. Do you have a lawyer? It would be in your best interest to surrender on the warrant with the assistance of an attorney. A good criminal defense attorney gives you the best chance of avoiding jail time.
Avvo is a great place to find a 10.0 rated criminal defense attorney that handles VOP's. Many of us even offer free consultations.See question
I posted on here a few days ago. My cousin got charged with an aggravated assult. He was told with the right lawyer that it could be completely dismissed but I read elsewhere that cases were it's the city vs a person it can't be dropped.
No criminal defense lawyer, no matter how great, can guarantee a dismissal of any charge. That being said, a really good lawyer will take the time to do certain things that lesser lawyer won't or can't do. It may be that a really good lawyer's strategy, investigation, preparation or collection of evidence will result in a dismissal of all charges when the same outcome would mot be obtained by a different attorney.See question
My cousin got charged with aggravated assault for getting into a fight with someone and sending him to the hospital.
The minimum is zero days in jail and the maximum is 365 days (1 year). Your cousin should NOT take this matter lightly and should hire the best criminal defense lawyer he can.
750.81a Assault; infliction of serious or aggravated injury; penalties; previous convictions; “dating relationship” defined.
(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(2) Except as provided in subsection (3), an individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.See question
I was just busted with embezzlement. I have a clean record. Never even been pulled over. They caught me upfront stealing about 45$ worth of merchandise but I've been stealing or a while and they said they're looking back on to see how much I've ev...
It could be days or weeks before a warrant is issued. The police will have to investigate and then send the reports to the prosecutor for issuance of a warrant. That process can go quickly or painfully slow.
You may not have to spend any time in custody if you have a lawyer representing you. An attorney can work things out with the detective to let you turn yourself in and be arraigned at the same time. If you get out on a personal or low bond, you may never have to do jail time.
Do yourself a favor and get the best lawyer you can as quickly as possible. Avvo has several 10.0 rated criminal defense lawyers, many of us will offer a free consultation.See question