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Scott Douglas Moore

Scott Moore’s Answers

17 total


  • CPS is accusing me of child abuse for disciplining my 15 year old son AFTER he became violent with me.

    I have full legal/physical custody of my 15 YO son who for the most part is a great kid. 1 month ago he was warned for about the 5th time that he was not to go into my room to take a laptop. He was told to hand it over and not to get it again. ...

    Scott’s Answer

    It is very important that you seek representation in order to head off further DHS intervention. While the facts as you state them seem to fall under parental discipline, this matter could easily and quickly escalate toward the Circuit Court taking jurisdiction. Failing that, CPS could place your name on the state's Central Registry if the complaint is substantiated. This is a complicated area of law that needs the services of an attorney with specific training and experience.

    A word about the presenting problem and an overview of the process might be helpful. Corporal punishment is not necessarily illegal in Michigan, but DHS is required to initiate an investigation once it receives a complaint. This investigation usually involves a phone contact and a home visit. If the CPS worker substantiates the allegation of abuse or neglect, often a voluntary safety plan will be offered as a way of avoiding the involvement of the Circuit Court Family Division.

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  • What to do when he is in trouble?

    the love of my life and i broke up i still love him but i don't know what to do he threatend me and my best friend i filed a report to keep my friend safe, his court date is the 8th of march i think it was all a misunderstanding and i love him an...

    Scott’s Answer

    The love of your life wouldn't threaten you. Perhaps this situation was a misunderstanding, but you need to be responsible for your actions and he needs to take responsibility for his. The link below will put you in touch with people who can help you sort through this.

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  • Do I need an attorney for an arraignment for an assalt charge? If this goes to trial, will I have right to a free attorney?

    I am being arraigned on an assault and battery charge for which I did not do. The woman who filed charges is the tenant above my girlfriend and me. She has been harassing us since she moved in 4 months ago. She claimed I shoved her, when I made no...

    Scott’s Answer

    You do have the right to counsel at the arraignment, the first court appearance for a misdemeanor charge. The court is required to appoint counsel if you are indigent (unable to pay), and there is a likelihood that you would be jailed if found guilty.

    The defendant is advised of the charge, the maximum penalty if convicted. More importantly, the defendant is informed of his constitutional rights to a jury or bench trial, appointed attorney, presumption of innocence, and so on.

    After this advice of rights, the defendant will be given a chance to enter a plea to the charge: plead guilty, plead not guilty, or stand mute (that is, remain silent, which is treated by the court as if the defendant pled not guilty). If the defendant stands mute or pleads not guilty, the case will be scheduled for a Pretrial Conference.

    Because the conditions and amount of bond are determined by the judge at this time, it is advisable to have lawyer present to speak to that issue. In some cases --- generally based on the nature of the charge --- the court imposes conditions on the bond, such as no contact with the victim. Bond is set in almost every case, but it is up to the defendant's own resources to post the bail money, which allows him to be released.
    This hearing is not the time to discuss or argue the case. You are presumed innocent until proven guilty. The pretrial conference, in most Michigan courts, will be your first opportunity to present your side of the story. Of course, it would be helpful to have an experienced attorney on your side.

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  • Do I need an attorney for an arraignment for an assalt charge? If this goes to trial, will I have right to a free attorney?

    I am being arraigned on an assault and battery charge for which I did not do. The woman who filed charges is the tenant above my girlfriend and me. She has been harassing us since she moved in 4 months ago. She claimed I shoved her, when I made no...

    Scott’s Answer

    You do have the right to counsel at the arraignment, the first court appearance for a misdemeanor charge. The court is required to appoint counsel if you are indigent (unable to pay), and there is a likelihood that you would be jailed if found guilty.

    The defendant is advised of the charge, the maximum penalty if convicted. More importantly, the defendant is informed of his constitutional rights to a jury or bench trial, appointed attorney, presumption of innocence, and so on.

    After this advice of rights, the defendant will be given a chance to enter a plea to the charge: plead guilty, plead not guilty, or stand mute (that is, remain silent, which is treated by the court as if the defendant pled not guilty). If the defendant stands mute or pleads not guilty, the case will be scheduled for a Pretrial Conference.

    Because the conditions and amount of bond are determined by the judge at this time, it is advisable to have lawyer present to speak to that issue. In some cases --- generally based on the nature of the charge --- the court imposes conditions on the bond, such as no contact with the victim. Bond is set in almost every case, but it is up to the defendant's own resources to post the bail money, which allows him to be released.
    This hearing is not the time to discuss or argue the case. You are presumed innocent until proven guilty. The pretrial conference, in most Michigan courts, will be your first opportunity to present your side of the story. Of course, it would be helpful to have an experienced attorney on your side.

    (Sources: Michigan Court Rules, State Court Administrative Office, Prosecuting Attorneys Association Michigan.)

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  • I have a warrant due from missing court .

    I have two warrant in southfield, michigan but recently paid all the tickets i had and the ones i had in detroit. The tickets were due to having no driver's license. Even though i cleared all my tickets the warrant is still there because i missed ...

    Scott’s Answer

    If you have all of your receipts and clearances with you when you go to 36, you should be all right. Of course, it might be safer to send an attorney to make sure the coast is clear, as it were. My experience at that court suggests that you should be all right if you have taken care of the outstanding tickets.

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  • Is there any chance my son can get out of this with in patient rehab and probation,, which is what he needs?

    my 20 yr old son was pulled over and arrested on an existing warrent. felony posession of herion/coke. hes been held in jail for 3 days and being araraigned tomarrow am. he was never phisically caught and arrested with the drugs on him, and has a ...

    Scott’s Answer

    Your son might consider doing what he can to get in front of his drug problem. Another attorney has already addressed the legal consequences, so I'll focus on the treatment aspect. As long as your son is incarcerated, he'll have time to read the NA or AA Big Books. He should attend any meetings held in the jail, and this should continue while the case is pending. You might want to contact the Michigan Department of Community Health (517-373-3740) for information about free or low-cost treatment options. There is hope for your son, but a long term solution has to be addressed by him.

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  • I received a traffic ticket for performing a u-turn in a business district in a small town in Michigan

    I plan on debating the ticket but my choices to plea are either to: Admit responsibility with explanation or Deny responsibility. If I admit responsibility does that mean the ticket and points can not be changed? If I deny responsibility am I in ...

    Scott’s Answer

    Admitting responsibility with an explanation will not be very helpful, as it will not lessen the fines or potential points. Requesting an informal hearing is a better course of action. You will meet first with the police officer and perhaps a resolution can be reached. Failing that, a magistrate will hear the case and render a decision. If you disagree with the outcome, you may then request a formal hearing before the judge. This, in effect, restarts the process and you might still attain a favorable result. You raise a couple of interesting issues that might be worth discussing with an attorney. Good luck!

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