Hi, Looking for a few tips on how to proceed on a show cause hearing for a client who violated probation. Prepared as much as can be, but will be first case on court and am a little nervous getting my feet wet. Already spoke with probation offi...
1. Get your fee up front
2. The practice of criminal law is something you have to actually experience to learn. You will learn on the job.
3. Be prepared. Have positive information concerning your client that you can present to the Judge to mitigate the violation. If you are nervous, it may be helpful to keep brief notes.
4. Know your Judge. Ask other lawyers who have practiced in front of the Judge for advice. Some Judges will allow you to approach, or speak in chambers about the probation violation. Others will not allow you to approach. Some Judges use plea forms for probation violations; others do not. Some Judges always follow what probation recommends; others do not.
5. Know of different sentencing alternatives to jail that you can propose the Judge if necessary. Make sure you understand what a sentencing recommendation entails so you can explain it to your client.
6. If you need more time, don't hesitate to ask the court to pass the matter so you can discuss it further with your client. Sometimes you may need to ask for an adjournment. Sometimes an adjournment is allowed, other times it's not. Some Judges will want to address bond if you seek an adjournment.
7. Be yourself, and be confident in your abilities. You seem like you care about what you are doing, and that is a great start to your career.
8. Make sure your client brings with him/her any relevant paperwork (for example: proof of AA attendance; letter from employer; proof of counseling; etc.). If your client can make a payment to what he/she owes, sometimes that goes a long way with the court (depending upon the nature of the violation).
9. As long as you do your job, do not take personally what the Judge's decision is.
Suspended bc I failed to pay a speeding ticket for 5 over...cop didn't arrest me, in fact he gave me a lift home. Payed previous ticket, got car out of impound & dealt w/ sec of state stuff next day. Called about the DWLS ticket & clerk said nothi...
Different Judges have different ways of handling these types of cases. Some Judges will place you on probation with conditions (some Judges [not all] are rather unreasonable when it comes to probationary conditions), some Judges will place you on probation but terminate the probation as soon as you acquire a valid license, other Judges may just issue a fine.
Some Prosecutors/city attorneys are willing to reduce the offense to no operator's license on person (a lessor charge). The benefit of the lessor charge is that DWLS carries 2 points, drivers responsibility fees, higher fines/costs, higher possible punishment (93 days in jail, as opposed to 90 days in jail - bear in mind that that is the maximum punishment, not necessarily the punishment that would be imposed). Some Judges are more lenient when it comes to sentencing for no operator's license on person.
Your best bet is to hire an experienced criminal lawyer to help you with this, so you get the best possible result.See question
The State Georgia has my DL suspended for a 30 year ticket. I live in the State of Michigan.
You should post questions concerning Georgia traffic tickets with a lawyer from the State of Georgia.See question
It was my understanding the law states my crossbow needed to be in a case or unstrung or in the trunk of the vehicle. The vehicle I was in was S-10 Blazer. The crossbow was all the way in the back and unloaded. I considered the very back of the ve...
Uncased bow in a motor vehicle in Michigan is a misdemeanor offense that carries a maximum penalty of 90 days in jail, and a fine of between $50 and $500, plus court costs. Since the offense is a misdemeanor, you will need to appear in Court. It is suggested that you hire an experienced criminal defense lawyer.See question
Was at beach with family. my aunt found a go pro . I'm on camera playing with it .didn't know wat it was. hours later someone came said it was lost. then stolen than tried fighting my family.me and my kids left .2"weeks later I got a knock on the ...
The only way you will get the help you need is to hire an experienced criminal defense lawyer.See question
I have a show cause hearing on a probation violation. Would hiring an attorney help? Would they know beforehand what was going to happen on the violation , do they speak to the judge and probation officer? Or do they just show up for the hearing i...
If a show cause hearing is scheduled, there is a risk of jail time. Your question does not indicate the reason for the show cause, and the Judge who you are on probation with. If it is strictly a payment issue, some Judges are willing to work with you and not incarcerate you for that - others are not as forgiving.
In most instances when you have a show cause you should retain a lawyer. If you cannot afford a lawyer, ask for a public defender.See question
Stress from his job loss&a colicky baby have caused bad fighting lately. We both have been emotionally abusing each other but it took a turn for the worse & I ended up with a small injury for the 1st time (not lying&I am not "stuck in the cycle")...
Depending upon the Judge, there is potentially the ability to modify the no contact provision to a no assaultive contact provision. If your husband is involved in domestic violence counseling, that might help convince the Judge to modify the order.
It depends on the Judge as to whether he can opt to serve jail time instead of probation. Only he can decide if he wants to pursue that option. If he serves a jail sentence, he may end up losing his status that keeps the conviction off of his record. A conviction could affect his firearm privileges and other rights. Your husband will have to decide for himself what he wants to do. He may want to hire a lawyer to help him.See question
My son is 19, first felony was sentenced to 15 months to 10 years for being the look out boy. He is Autistic, he has completed everything the parole board has asked of him, he has not seen the board yet. His court appointed attorney did not fight ...
In order to receive the MDOC SAI Boot Camp program, your son would have to qualify for the program and the Judge who sentenced him would have to have no objection to the boot camp placement. For someone who is 19, with no prior felonies, and a sentence of 15 months on the minimum would likely be screened eligible by the MDOC - depending upon his conviction offense. You indicate that your son is autistic. Autism may (or may not) be part of a determination by the MDOC as to his mental ability to complete the program.
You can hire a lawyer to attempt to contact the SAI facility to see if he was screened eligible for the program, and if so, to try and persuade the sentencing judge to allow the placement.
Your question does not indicate how long ago he he was sentence, and what his conviction was for. Other than MDOC SAI boot camp, appellate proceedings/motion for relief from judgment, or trying to pursue a pardon (which is nearly impossible to obtain), there are few options for your son based upon the information provided. Otherwise, hopefully, he will be paroled at the first opportunity.See question
Was with a man when I was a minor, can they be charged with pedophelia even if I'm 18 now
It is up to a prosecutor's office for the jurisdiction where the offense allegedly occurred to decide if someone is charged or not. Generally, the age of consent is 16 years old. However, sometimes the type of relationship an individual has with an individual (for example: teacher/student), the person's mental capacity, or mental state at the time (for example: intoxication) can affect an individual's ability to validly consent.
Depending on the circumstances, the man could be prosecuted for sexual acts that occurred when the other participant was a minor. The only bar to prosecution that a prosecutor for the jurisdiction where the offense occurred would have would be any applicable statute of limitations.See question
I just found out that I have a warrant for not showing up for court for a ticket I apparently got a year ago. I was sleeping in my car intoxicated, I believe someone called to notify the authorities. I never got a ticket and there was nothing sen...
If you have a lawyer represent you, the lawyer will address the court for you. You should retain an experienced criminal lawyer to help you. I do not recommend being arraigned without a lawyer.
Your question does not indicate if you were given a civil infraction, or actually charged with a crime. If you are being arraigned on a crime, the judge or magistrate will read the charge and possible penalty to you. You should plead not guilty and if you cannot afford a lawyer you should request a public defender. The court will address your bond amount and bond conditions at the time of your arraignment.See question