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Rudolph A. Serra

Rudolph Serra’s Answers

7 total

  • I Need Serious Help....

    Things just go from bad to worse with me no matter what I do. I have just been notified in the mail that I am to report to the courthouse for a probation violation. The catch? I havent done anything. I have been diagnosed with MRSA which is a cont...

    Rudolph’s Answer

    The catch is: you violated probation. You were ordered to pay fines and you didn't pay them. Blaing your probation officer is not a good strategy. It will only make them try harder to show it was all your fault.

    if you've been "playing phone tags for weeks" why didn't you send a letter or two? Will you be able to prove that you were confined at home and did not go the store or anywhere else while sick? Most courts will say that if you were well enough to go to the doctor's office or the drug store then you were well enough to obey a court order. You're going to need to submit written proof to the court that a doctor ordered you not to go out in public.

    Your question does not say what court or what you were on probation for.. Beiing put on probation is a BREAK. The alternative is JAIL TIME. Jails and prisons handle sick people all the time. If your illness keeps you from working - it may not keep you from going to jail. The results may depend on details you did not supply.

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  • I was charged for trespassing for not leaving the gym. What can I do to remove that, and do I have ground for asking for more?

    I went to an LA Fitness location today to sign up for a membership. I had been there before and was given a 7 Day Pass card (never signed up or activated it). I sat down with someone else today and after going through the pricing options, he tol...

    Rudolph’s Answer

    Your questions says that you charged but it also says the police told you they "were charging" you with tresspasssing. Did you get a ticket or a notice to come to court? If so - then you have been charged and you should see a lawyer. You have some good defenses and you might have counter claims.

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  • Got pulled over , tinted windows-had no license-search car found bud-4fit car & $$$ & let me go..says D.A may bring charges

    do i need to retain a lawyer rite now

    Rudolph’s Answer

    I am a former Judge with a lot of experience in this area. I am currently waiting for an opinion from the 6th Circuit Court of Appeals [1 step below the U.S. Supreme Court] challenging the seizure of cars by Wayne County's "Metro Enforcement" multi-jurisdictional team. I recently settled another case against the of Pontiac in a similar matter. It also went all the way to the 6th Circuit. I'd like to know a lot more detail, including where the events occurred. There is no such thing as a "DA" in Michigan. I assume you mean either the County Prosecutor or the City Attorney. You have a limited time to challenge the seizure of your property so you should contact a lawyer promptly.

    I charge $200 for an initial consultation of about an hour. The purpose of that consultation is determine if I can help you and if so, how. My phone is 313 331 RUDY or 7839.

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  • Accused of stealing money from grandmother. Civil suit filed. Criminal charges filed, arrested. Can I sue?

    Civil dismissed. Directed verdict, not guilty of all charges. Have transcripts and documents to prove defamation, except for original APS report. 2 years of hell. Police, APS, and relative (now guardian), did not investigate. 1 initial meetin...

    Rudolph’s Answer

    First, I am a former judge with nearly 30 years of experience in criminal and probate law. I have no idea what an APS report is.

    Based on the facts you related, I doubt that there is a viable case. I would charge you $200 for a consultation of about an hour so I could review the documents and discuss the issues but I would not be willing to take a case like the one described here unless I was paid in advance.

    If a civil suit was filed, you are required by the rules to join any COUNTERCLAIMS in that same suit. Failure to do so may waive your claims. I would want to know when and where that case was filed, and the details of what happened.

    In addition, the Police and the Prosecutor have governmental immunity and cannot generally be sued for ordinary negligence. Police "mismanagement" is definitely not enough. You would be required to show that they violated a well-established civil right and you would be required to establish their intent. Even in death-penalty cases where the police fabricate evidence and the prosecutor fails to disclose it - the police and prosecutor cannot ordinarily be sued. Your narrative mentions a guardian but does indicate if there is a conservator or whether the estate has any remaining assets. There are many other details I would want but based onb what you described, again, I am not confident that matter is worth pursuing. If you would like to schedule a consultation as mentioned, contact me at 313 331 7839.

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  • Hown do i get a traffic ticket warrant cleared up without going to jail

    what should a person do on prbation to cleaR UP TRAFFIC TICKET WARRANT

    Rudolph’s Answer

    Usually the most important thing to do is to SHOW-UP VOLUNTARILY. Get an attorney. The PLACE where the warrant is pending may matter. A lawyer who knows how the local district court operates may be in a better position to tell you whether you should expect jail time or whether more usual sanctions are likely.

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  • Hello, I would like to get a concealed weapons permit, but I take medication for anxiety.

    I have a good stable job. I am able to function in society without incident and do not have depression. The question on the application is very vague and I want to answer the question correctly so that no repercussions occur. Please provide your...

    Rudolph’s Answer

    The law says that no one with a diagnosed mental illness can get a Concealed Pistol License and makes it clear that "depression" is included. Anxiety is not the same thing as depression. You are required to answer all the questions honestly. If the board wants to discuss your mental health issues with you, that is generally done in a private session and you are entitled to have an attorney present. You could submit your application and deal with the details of whether you qualify during the approval process.

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  • My ex moved out while I wasn't home. He took a valuable and irreplaceable framed map of the world.

    I have pictures of it in my house, and saved texts saying he would return it. He states its stored at his mothers house. So she has the stolen property, so he says. He won't return my calls now. What action can I take? Even if its just a legit sca...

    Rudolph’s Answer

    First, it matters whether you were married. You refer to the person as your "ex." Were you married or divorced?

    If this is not a divorce - you should write a letter and send it both 1st class and certified mail. Tell your ex you demand the return of the map by a specific date. Be reasonable and give him 10 days or more to respond. Tell him if he does not comply voluntarily you will take legal action. Get a "proof of mailing" receipt when you send the 1st class letter and a return receipt for the certified mail.

    IF he does not respond, retain a lawyer to send a second demand letter. IF he does not respond to your lawyer's demand then you can bring an action in Court to get the map returned. Which court you use will vary depending on the value of the map and whether you want the map itself or replacement value if the map. You would have to file a complaint and there is a filing fee of $150 at the Circuit Court level. If this is a "Small Claim" in your local district court, the filing fee is much lower.

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