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John E. Melton
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John Melton’s Answers

520 total


  • How much jail time for failure to appear for a traffic violation?

    Ten years ago I had to appear in court for driving with a suspended licence. Thing is, I never applied for a license to begin with and it happen in Romeo Township (50 miles away). I managed to get a ride there the first time, but couldn't get ther...

    John’s Answer

    I agree with the other responses. I'd add that you should try to get a license- or at least start the process- before going to court. You should hire an attorney if you can afford to do so. It is possible to avoid jail time- but not guaranteed. Get the help of an attorney.

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  • Can I be picked up for the warrant in Ohio in Michigan?

    I received a ticket in Ohio and live in Michigan. I did not show up to court now I have a warrant.

    John’s Answer

    You likely won't get picked up by Ohio for a traffic ticket- but you could get detained and possibly arrested by a Michigan police officer while they figure it out. Call an Ohio lawyer and take care of the warrant.

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  • Can I get my medical marijuana card with a possession of marijuana offense on my record?

    I have a misdemeanor(possession of marijuana). I chose to not do probation and get the charge whiped from my record because I was planning on moving; knowing that would affect the situation.

    John’s Answer

    Yes. You ban get a chard. However, if you are still on the deferred status under 7411, the court may violate you if you don't let them know in advance. Also, some judges don't allow the use of medical marijuana while on deferred status. Check with the court.

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  • Will this citation affect my 7411 status? Should I seek counsel, and will I be able to afford it on modest means?

    Today my residence in Kalamazoo, Michigan was visited by two officers from the Kalamazoo County Sheriff's Department. They were following up on a Silent Observer tip that stated Methamphetamine was being produced on the premises, as well as...

    John’s Answer

    Talk to an attorney- not the police. Call a local attorney for a consultation. Consultations are usually no charge. If you can't afford the attorney, keep quiet and request court appointed counsel if you are charged.

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  • Will a parolee absconder in the state of Michigan only receive 30 days county incarceration if he hasnt commited any new crimes?

    Just wondering about new parolee absconder laws and or regulations in michigan.

    John’s Answer

    I think you need an attorney. Not sure where you got this information. A parolee absconder can be sent back for the remainder of the sentence.

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  • Once the fine is paid and the 20 days are completed, will his DUI sentence be complete or should he expect probation time after?

    My boyfriend got a DUI in August of 2015 and was sentenced to 90 days in jail, but was given the privilege of 18 months probation in the sobriety court program. He violated his probation when he gave an unclean urine sample (from alcohol consumpt...

    John’s Answer

    Sounds like he'll still be on probation. If so, and this happens again, he should immediately go to a testing facility and test for alcohol. If he misses a test, the court assumes he was drinking, If he had taken an ETG test, he could have proven hat he wasn't drinking and he judge may have been more sympathetic.

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  • A police officer put down the wrong race can i get the case dismissed by that

    Ticket

    John’s Answer

    No. Don't believe anyone who tells you otherwise.

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  • What is going to happen to the two of them? Is he going to go to jail? And can she legally move out once she turns 17?

    So my friend is 16 and she is sleeping with 30 year old. Her parents just found out about it, they want to get the cops involved. They should be okay though since the legal age of consent is 16. How does the age of consent work in Michigan with se...

    John’s Answer

    Be very very careful. If there is an allegation that he had any type of sexual contact with her before she was 16, he could be in big trouble. Also, if there is an allegation of force or coercion, he's in big trouble as well, I'd advise that her NOT talk to the police about this. If the girl's parents are pissed enough to get the police involved, they may decide to stretch the facts in order to get a criminal charge to fit.

    I'd also suggest that he have no contact with the girl at this point-at least until he is 100% certain that criminal charges aren't in the works. He is in dangerous territory. He needs to be very careful.

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  • Can the police conduct a search and seizure without leaving a copy of the search warrant

    Currently pending felon in possession of a firearm..but the firearm was no wear near defendant..

    John’s Answer

    I agree with the other answers. Bottom line: get a lawyer ASAP. You need someone to get going and request discovery right away.

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  • What does it mean when an account, that wasn't yours to begin with, is removed from collections 3 days before you go to court?

    I was served a summons in July, even after telling server it was not me, went to pre-conference trial on Sept. 14, 2015 and collection was removed on Sept. 11, 2015. Just checked today and it was removed. Currently scheduled for a non jury trial...

    John’s Answer

    It is common for collection attorneys to send an affidavit if they think the account may not be yours. Also, they have a right to ask for discovery while the case is in court. Don't ignore the papers. Fill them out and send them to the attorney. Failure to respond may be damaging to your defense.

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