He was charged with A&B and right now we have a no contact order until his court date that the judge issued. He has never been in trouble or has never done physical harm to me ever. So this is his first offense. He kicked me when we were arguing a...
Your question does not indicate where his case is pending. Most Judges will want to hear from you before deciding whether or not to lift the no contact provision. This can be done at his next Court date. If your boyfriend has a lawyer, the lawyer may try to see if this issue can be heard earlier than the next court date. Your boyfriend should contact his lawyer and discuss the issue with him. If your boyfriend does not have a lawyer he should hire one.See question
My case review date is tomorrow for petty theft and minor in possession. I was wondering if my probation officer can order a drug test that day because I work a double shift that day and the next.
Most Judges give their probation officers discretion to drug test probationers when they feel it is appropriate. The Judges and probation officers always are of the opinion that complying with probation is more important than work, school, or any other obligation that you have.See question
Assistant attorney general said that he was going to request authorization to drop a possession of analogue charge. What and how long is that process?
Usually the process involves the Assistant Attorney General asking his/her supervisor for permission to drop the charge. There is not general rule how long this process will take. However, when charges are pending in Court, some Judges may not want a lengthy delay in the case because they have obligations to dispose of cases in a speedy manner. Your lawyer may have more information as to how long this process will take.See question
My 17 year old son got caught stealing a $35 hoodie from the store they gaved him Cort. What will happen to him? How much wil the fee be? How can you remove this from his record?
Your son will be treated like an adult because he is 17 years old. His case will likely be scheduled at a district court for the jurisdiction where the theft allegedly occurred. Your son will be arraigned on the charge, a bond will be set, he will be given the opportunity to retain a lawyer or request a court appointed lawyer, and the case will likely be resolved by either a plea or a trial. A plea could involve a special status (HYTA or MCL 771.1) which could keep the conviction from appearing on a public record. This special status would require a period of probation - a violation of which could lead to the revocation of that status. If you can afford to hire a lawyer for your son, you should consider doing so. A theft conviction could severely impact his future ambitions.
The court fees and costs could be anywhere from $500 to $1500. He could also be required to pay fees for drug/alcohol testing, counseling, classes, programs, probation supervision fees, and restitution.See question
For a misdemeanor (Simple Assault & Battary) and a probation violation, the judge sentenced 45 days with 12 time served days credited. But I'm still going through the court process? What's left to do? Will I have another court date? Will I get cre...
The deputies will have your out date on the computer once you become incarcerated. They will let you know if you ask. If you are sentenced to the Oakland County Jail (which may be the case because the question is from Waterford) you get 5 days of good time credit for every month. You will receive 7 or 8 days of good time credit. There is a chance you will be released at 12:01 a.m. (which is common, and it is technically another day of incarceration). Sometimes there are early releases due to overcrowding. You get credit for the time you served already that is related to your case. You should anticipate serving approximately another 20 days.
Your question indicates that you are still going through the court process? Are you supposed to report to the jail on a specific date? Whether or not you have any further court dates depends upon whether or not you have other cases, whether or not the court continued your probation, or whether or not the court scheduled some sort a review hearing. You may want to ask these questions to your original lawyer.See question
I have a loved one that has been incarcerated for a little over 2 years now on a home invasion second degree. He got 3 years to 22 years.
With Michigan truth in sentencing he will likely serve at least his minimum date. It is impossible to answer whether or not he will serve time beyond his mimic - this is an issue for the parole board to decide. They will take a look at his conviction offense, whether or not he got any tickets while incarcerated, whether or not he completed classes/programs, and get a larger picture of who your loved one is. The better he does while incarcerated, the better his chances of being released sooner rather than later.See question
I got in a accident in a parking lot, I can get one on private property still. Well I was told after the incident if I didn't get a ticket at the scene then I can't get one after the incident.
Who told you this? It is possible to get a ticket mailed to you after the incident.See question
I am a Canadian citizen born in 1991 to an American father and a Canadian mother. (They were married at the time of my birth.) My father only spent from birth until age 3 in the USA before moving to Canada. My grandfather, however, is also a US ci...
You should make an appointment with an experienced immigration lawyer who can obtain all the necessary information from you, research your issue, and give you the best advice as to how to proceed. This is a very complex area of immigration law that cannot be answered definitively on this forum.See question
I know I did a stupid things ever I was under a lot of stress from all the people around me I always the right person between them so I decide to do something wrong and I did it but they catch me and they took me to a small office and asked me a...
If you do not go to court, the court will issue a bench warrant for your arrest. The punishment for retail fraud under $200 is up to 93 days in jail, up to 2 years of probation (with conditions), and fines/costs/restitution. Just because you are charged with this offense does not mean that you will be incarcerated. Now is the time to hire an experienced lawyer to help you. If you are not a citizen, it is especially important to hire a lawyer with immigration experience.See question
I went shopping with what I thought was a friend the other day, we haven't seen each other in forever so when she called me up it sounded like a great idea getting out of the house and socializing considering I have been on bed rest the last coupl...
Duress in Michigan is a common-law affirmative defense that applies to situations where the crime committed avoids a greater harm. People v Lemons, 454 Mich 234, 245-246; 562 NW2d 447 (1997). “[F]or reasons of social policy, it is better that the defendant, faced with a choice of evils, choose to do the lesser evil (violate the criminal law) in order to avoid the greater evil threatened by the other person.” Id. At 246, quoting 1 LaFave & Scott, Substantive Criminal Law, § 5.3, pp 614-615. A defendant has a federal and state constitutional right to present a defense. People v Unger (On Remand), 278 Mich App 210, 250; 749 NW2d 272 (2008). However, the Defense bears the burden of producing some evidence from which the Jury can conclude that the essential elements of duress are present. People v. Lemons, 454 Mich 234, 248, 562 NW2d 447 (1997). If duress is applicable and allowed by the trial Court, the prosecution must prove beyond a reasonable doubt that the Defendant was not acting under duress. To establish a duress defense the Jury considers the following issues:
1) If the threatening behavior would have made a reasonable person fear death or serious bodily harm;
2) If the Defendant was actually afraid of death or serious bodily harm;
3) If the Defendant had this fear at the time he or she acted;
4) If the Defendant committed the act to avoid the threatened harm;
5) If the situation arose because of the Defendant’s fault or negligence
It does not seem that a duress defense will work in your case. The defense you may try to raise is that you were merely present while the offense occurred and did not participate in the offenses. It seems like your defense is complicated, and you are better off hiring an experienced criminal defense lawyer to help you.See question