Archived
17 yr old daughter on probation for shoplifting, repeats again in another town three months later. What should we do?
Daryl's answer
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Answered on December 05, 2017
I would advise that she request a court appointed attorney in both courts. Provide the attorneys with documentation regarding her medical/mental...
Archived
Pretrial hearing even though he pled guilty?
Daryl's answer
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Answered on December 09, 2015
If he pled guilty already at the arraignment, and the court set the matter for a pretrial, then the Magistrate may not have accepted the plea or...
Archived
Is it legal to purchase a rifle from a licensed FFL dealer if on non-reporting misdemeanor probation in the state of michigan?
Daryl's answer
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Answered on November 29, 2015
Upon completion of your probationary period, you have nothing preventing you from legally purchasing the rifle. Since the matter was taken under a...
Archived
It's been about ten years since my son's second DUI when he lost his license. How can I help him get it back?
Daryl's answer
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Answered on November 29, 2015
Your son needs a driver's license restoration attorney. He sounds like he is doing everything he needs to do in order to get his life back on...
Archived
Can I appeal a misdemeanor sentence ?
Daryl's answer
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Answered on November 17, 2015
The general rule is you can not appeal a conviction because you do not like the sentence. If there was a procedural error in the plea taking, then...
Archived
My court appointed isn't in my best interest.
Daryl's answer
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Answered on November 17, 2015
The officer was likely running your license plate to find out if you had any active warrants. Once he determined a valid warrant for the owner of...
Archived
Michigan DAAD hearing for license restoration: Administrative review (by mail) 1st and then in person hearing if needed?
Daryl's answer
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Answered on November 17, 2015
If you submit your paperwork for an administrative review and you lose, you can request a hearing within 14-20 days using the same evidence. You...
Archived
My nephew is 19,he was arrested for delivering an ounce of pot to an under cover police officer. Does he qualify for HYTA law?
Daryl's answer
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Answered on September 15, 2014
He qualifies for HYTA if he does not have a prior record and is between the ages of 17 and 21. The case law states the Judge has the power to...
My daughter received and MIP. Everyone pushes the deferred judgement and probation. When does it make sense to not do this
Daryl's answer
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Answered on September 15, 2014
About the only time a person should not accept the deferred judgment and probation is when there is a potential legal challenge to the search and...
Archived
Is coviction possible and how
Daryl's answer
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Answered on September 15, 2014
Is a conviction possible? Yes. The doctrine the Prosecuting Attorney will be using is one of constructive possession. Since your aunt is the...
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