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Deanna L. Kelley

Deanna Kelley’s Answers

60 total


  • I am looking to file a motion, without an attorney, how can I do this properly?

    I have 2 months left of my 9 month probation sentence. I violated once by missing a drop, which extended my original 6 month sentence. I have never been in trouble before, my offense is possession of marijuana. I have an amazing job that is leadi...

    Deanna’s Answer

    The answer to this question will vary widely depending on the jurisdiction in which you are under probation. If your probation officer agrees with you, you might ask him/her to approach the judge and request early terminTion. If this isn't an option. Some jurisdictions will allow you to write a letter to the judge. Finally, if that isn't an option you are the. Left with filing a formal motion. This is best done by an attorney, but can be done by a lay person. It requires writing a motion asking for your relief (early termination) citing the reasons you want your probation to end early, and finally citing the authority upon which you rely. Then file the document with the court's clerk and inquire about having the motion precapied this means to have it set on the court's docket for hearing). You also have to follow the court rules about serving the other party (the prosecutor) in a timely manner and in a manner consistent with the court's rules for proper service. It's not as easy as it seems and is often best do e ny an attorney who is not only familiar so the system, but also is familiar with the judge and can help you formulate your motion in a manner which would give you a better chance of having your motion granted. Good luck.

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  • My wages are being garnished for fines that occurred over 10 years ago. Is this legal?

    Fines involved a dwi

    Deanna’s Answer

    • Selected as best answer

    It is difficult to answer this question with so little information, however, a quick consultation with a lawyer might be well worth your money if you learn how to fight it.

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  • How do I get my license fully reinstated after completing the interlocking program i had a hearing to get my restriction license

    i was convicted in aug of 2006, went a 2 yrs w/o a license. applied for restricted license w/interlocking device. completed that in 2010 and have been on a restricted license since then. after completing i received a michigan temporary operator li...

    Deanna’s Answer

    This is a very complicated area of the law. The Secretary of State does not make it easy for people to get their license reinstated. An experienced attorney can help you figure out the status of your license and what you need to do in order to seek a reinstatement hearing. You would be surprised at the things they expect. I would strongly caution you NOT to attend a reinstatement hearing on your own. Many people think it won't be difficult because you are not required to have an attorney present, however, very few are successful, unless represented by an attorney.

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  • I have a 2 year old warrant for domestic violence against my childrens father. If I go to jail do they have to go to him?

    We aren't divorced or anything. He's a poor father at best and is never around our daughters when we have been together (he prefers partying). He has also told me if I go to jail he will move with them and I know there is nothing I can do once he ...

    Deanna’s Answer

    I agree with Mr. Cachik, however, I would add that the father is abusing or neglecting your children, you could ask CPS to become involved, to mandate supervised or suspended visitation. This could result in your childen being placed in foster care, however, if there is no other family members who are deemed fit to care for your child. Before doing anything, I would discuss all possibilities with an attorney. This is not something you want to try to go alone, as the consequences could be devistating.

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  • Hi I'm on probation for a year and I have a no contact order with my husband for domestic violence and I need help of how to get

    It removed due to is having two kids and also , there might be a change for us to work it out and can get back together and raise our kids and also go to counseling ..I can't see myself going a whole year without talking or seeing my husband. And ...

    Deanna’s Answer

    This is a difficult question to answer with the limited information given in this context. Depending on your judge and court's practice, you should have an attorney file a motion to remove the no contact provision. Most judges will want to hear from your husband, however, the no-contact provision prevents you from asking him to be there. An attorney, working on your behalf, could contact him to make arrangements to bring him to court. I would suggest you discuss this in the private setting of an attorney's office prior to doing anything on your own.

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  • Can I get a suspended sentence to serve on probation?

    I was charged with my second battery fva andthat now makes it a felony and it carries a 1 to 5 year sentence. Is it possible to serve that on probation or is prison time mandatory?

    Deanna’s Answer

    Yes, it is possible to get probation if convicted. However, it would be in your best interest to hire a well qualified attorney who can review the evidence against you and ensure your rights are preserved. You never know, perhaps your attorney will be able to get the case dismissed!

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  • Would it be violating a ppo if the girl that put the ppo on her ex, excepts money or a bridge card given to her mother for her.

    The card is in the ex's name and has given the card to the mother to give to her. The ppo is for domestic violence on her and her 2 year old son.

    Deanna’s Answer

    To add onto Mr. Millard's answer. Every PPO is different. You should read the exact language of your PPO.

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  • Is there any way for me to make a statement, as a victim, that states that I DO NOT want this protective order?

    I am the victim, boyfriend is defendant. He was arrested for a third charge of breaking the order. Neither of us wanted the order, the state put it in place. He is currently being held in a correctional facility until his court date at the end of ...

    Deanna’s Answer

    Yes, you can make a statement asking the court to allow you to contact your boyfriend. The court is supposed to take your feelings on consideration, but also has to consider other factors such as whether you are safe, whether you will send provide him information he is not supposed to have, or any other valid reason. I hope you are successful.

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  • I put a restraining on someone who attacked me but it was for only 3 months ,can i get one for longer ?

    i went to the first hearing but i forgot my evidence and other person lied and had witnesses who also lied,for her.

    Deanna’s Answer

    Yes. You can get your order extended. Most states allow for this extension to be granted before the current order runs out, so there is no break in your protection. A local domestic violence expert can help you do this. Good luck.

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  • I broke a order of protection for going to my house when i got permission from wife then 12 hours later she called cops

    i got permission to go to house to get something from my wife that doesnt live there. she called cops 12 hours later. the address on the ex porte does not have my complete address. the address listed in the front office of my mobile home park. th...

    Deanna’s Answer

    I need more information in order to completely answer this question. I am presuming you are prevented for going to the house in order to protect your wife from having to come in contact with you. You must remember that the court has placed an "order" or restriction on you, not your wife. Therefore, whether your gave you permission is completely irrelevant when the court has ordered you not to go there.

    Also, a technical error or a typo in an order will not make a warrant for your arrest-especially if you actually knew the address (which you must have of you went there). Be careful of being baited by your wife in the future. You must follow the judge's orders.

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