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Since its not a felony any more i would like to know what type of misdemeanor this is ? And whats the minimum and maximum sentence for this type of misdemeanor charge.
Possessing or retaining a financial transaction device without the card holder's consent is usually charged as a 4 year felony. Under the attempt statute (Michigan Compiled Law 850.92) the offense is a misdemeanor punishable by imprisonment for not more than 2 years and a fine of not more than $1000. The minimum possible sentence is no incarceration. Sentencing is up to the Judge. The sentence could include: incarceration; probation with conditions (reporting, drug/alcohol testing, community service, etc.), fines/costs/fees/restitution, a combination of any of these options. This type of conviction is typically referred to as a "high court misdemeanor".See question
I got a ticket in January and it has been moved twice now and is set in may, four months from the infraction. What are the chances it gets dismissed or lowered since this is my first ticket ever and haven't been pulled over since? If I took a driv...
The statute of limitations is not an issue because you have already been issued the ticket. There is not a court rule with regards to the number of times that a traffic ticket can be adjourned.
There is a chance you can achieve a reduction in your ticket. The factors that are relevant to this determination include: your driving record; the facts of your case; the nature of the ticket you were given; whether or not you were already given a break by the state trooper; whether or not the State trooper believes if you were rude or gave him/her a hard time; the prosecutor/city attorney handling the case.
You may be offered a driving class by the prosecutor/city attorney and/or the state of Michigan to avoid having the ticket abstracted to your driving record. Unless you have a hearing on the ticket and prevail, or if the prosecutor/city attorney dismisses the ticket (a reduction may occur. A dismissal is very unlikely to occur), you will have to pay fines/costs connected with the ticket.
Your best bet to get a favorable resolution is to hire a lawyer to help you.See question
so i was driving though the local car wash and i was stoped at a vacuum and it didn't work so i drove to the other side but i wasn't waring a seat belt because i forgot and as i was pulling up to the vacuum a cop with a black truck pulled up and s...
He is not prevented from sending a ticket through the mail, but I doubt he will. Under this circumstance if he wanted to give you a ticket he probably would have given you one at the time he observed you without the seatbelt on. The fact that this occurred on the property of a private business, rather than on a public roadway, may be a reason why you did not receive a ticket. I would not worry about this anymore if I were you.See question
I have asked for years for representation and have come up with because of absolute immunity, you can't do it. So since no one was willing to take this up, could I file a lawsuit on my own? The Prosecutor according to the Under-sheriff was the o...
You are free to represent yourself. However, you do so at your own risk. You will be subject to the same court rules, rules of procedure, rules of evidence, and Michigan laws as a lawyer. Filing and litigating cases in an improper manner can lead to a dismissal of your claim and possible sanctions (money that you could be liable to pay the other side).
There may be a reason that other lawyers have refused to take your case. You may want to find a lawyer through AVVO in the area of civil litigation that you can consult with on an hourly basis and get some sound legal advice if you cannot find someone to represent you. A lawyer will typically only take a civil case if there is a valid cause of action, damages to the client, and the ability to collect monetary damages for those damages. Good luck.See question
What exactly is a probable cause hearing? What is it called when defense calls for a misdemeanor case to be dismissed without trial?
Hire a local lawyer to handle the case for you. Your lawyer may be able to file a motion to dismiss or request an evidentiary hearing to suppress evidence (if appropriate). Your lawyer can also discuss the case with the prosecutor to seek if the charge can be reduced or dismissed.See question
I have been working and trying to take care of my family. i am the only working man in my house hold.
With any violation of probation your options are either to contest the violations at a hearing or admit to them.
If you lose at a hearing, or if you admit to any probation violation, you are at the Judge's mercy when it comes to sentencing. The Judge has a lot of options. The Judge can: give you a warning; continue your probation; extend the length of your probation; add additional conditions to your probation; incarcerate you; remove any status that kept the conviction off your record (HYTA, 7411, 769.4a, etc.) if you received such a status. The only limitation that the Judge has is that you cannot be sentenced beyond the maximum allowable sentence (if you r underlying conviction was to a 93 day maximum misdemeanor, the Judge cannot give you more than 93 days in jail. You get credit for time that you previously served toward that sentence).
Your best bet is to hire an experienced criminal defense lawyer to help you obtain the best possible result. You are at risk of incarceration, which can affect you job and your family. Do not handle this matter with a lawyer's representation.See question
I was driving straight down the road and the other driver turned left in front of me trying to turn down a side street. He misjudged my speed and distance and I struck his vehicle almost head on. Speed limit was 40 mph. No tickets were issued and ...
I am going to reclassify this question under Car Accidents. You are likely to receive more responses in that category.See question
I was in the car with a friend that I got picked up by , we went to the movies and on the way home he got pulled over . In his car he had a joint and it was like on the side of my seat but like it could of fallen . But I didn't know . we was just...
Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. Mere presence alone is not enough.
Cases can be proven by both direct evidence and circumstantial evidence. Direct evidence are the actual observations of witnesses that were present. Circumstantial evidence depends upon inferences. The classic example is that if an individual walked into a building wearing a raincoat with drops of water on it, that is circumstantial evidence that it is raining outside.
The information that you provided in your question is not enough to determine why you were charged with the offense and not the driver. You can retain a lawyer to look at your file and plan the best defense for you.See question
This criminal case with charges of assault with intent to murder and assault with intent to do great bodily harm, felony firearm, carrying concealed was dismissed with out prejudice. The county refilled a warrant and Now the defendant has been arr...
The case can get dismissed if the witnesses necessary for a determination of probable cause do not appear.
The Judge has the ability to reschedule the case at his/her discretion. There are no limitations on the number of times the case is rescheduled. However, many Judges will dismiss the case on a re-authored petition if the necessary witnesses do not appear at the preliminary examination. If the witnesses were served with subpoenas the prosecution sometimes request material witness warrants and an adjournment to gather the witnesses that did not appear.See question
There is a warrant for my arrest in Troy. I'm going to turn myself in but I want an attorney with me at the arraignment I have serious health issues and I do not want to have to go to jail
In Troy at the 52/4 District Court you typically do not receive a court appointed attorney at your arraignment. The court appointed lawyer will be available at your pretrial date if you fill out the petition in the courtroom for the court appointed lawyer and are determined to qualify for one.
If you want to ensure that you will have a lawyer available for arraignment to help you receive a reasonable bond you are free to retain a lawyer for that purpose.See question