Can a defendant ask and be appointed council before the arrangement so that the council can show up and be with the defendant? Can prosecution issue an arrangement on a defendant and NOT issue out a warrant against them?
What you're referring to is the arraignment, not arrangement. The answer to your second question is no, a prosecutor cannot issue a charge against you without a warrant being issued. Otherwise, there would be no way to compel you to show up to court and answer the charge. What you need to do is be arraigned on the charge as quickly as possible after you learn you have been charged. The more you delay the greater the chance you risk of being picked up by the police at an inopportune time.
Most courts do not have appointed counsel ready for arraignments. However, some do such as the 55th district court in Mason recently due to a funding program which specifically provides a lawyer for purposes of the arraignment. At an arraignment you will more than likely enter a Not Guilty plea and you will receive notice of your next court date and the judge will set a bond and bond conditions. Even if you contact or have a lawyer contact the prosecutor before the arraignment, it's unlikely that the case will be able to get resolved at that stage.See question
Yesterday in court I accepted a probation for my traffic offense and my guidelines were 0-11 months. The offer was going to be sent over the Probation department. The judge, prosecutor, my defense attorney and myself agreed upon this deal. My att...
If you agreed to a plea negotiation and it was accepted and placed on the record then you are protected. Your lawyer cannot simply cancel the plea bargain or any benefit of it. Your attorney can file a motion to withdraw from the case for non-payment but that is about it.See question
I was caught 3 years ago shoplifting from Target and they did charge me. Since then the location has closed. However there is another Target near my home. Since it's been so long am I able to shop there now?
Were you given a No Trespass Order or did you sign something saying you wouldn't come back to the store again? That will dictate whether your are banned or not. If you have been and you continue to shop there you run the risk of getting in trouble for trespassing.See question
Is comm service a crime? If so what does it mean?
I agree with my colleagues that the only rational explanation is that it is referring to "community service." It isn't an offense but it can be a part of a sentence that you be required to perform so many hours of community service.See question
If a defendant gets a notice to appear for an arrangement is it always a criminal Case? Can the offense be non criminal? If the offense is non criminal does the defendant have to appear to the arrangement to avoid bench Warrant?
I think you mean "arraignment." Yes, an arraignment is only for criminal cases. It could be anything from a minor misdemeanor to a serious felony. At the arraignment the judge or magistrate will read you the charge(s) and ask for a plea. If you plead not guilty, you will receive notice of your next court date. A bond will most likely be set and possibly bond conditions. The judge may appoint you an attorney under certain circumstances if you meet the criteria.See question
Over this previous weekend I received an MIP for attending a party that was busted. They breathalyzed me and although I am guilty of being under the influence, I was in the wrong crowd and I do not normally drink. I am a full time student who live...
Always plead Not Guilty at your arraignment. That way you will get a pretrial conference and an opportunity to negotiate with the prosecutor for a reduction or diversion. You may even have a valid legal defense or way to challenge the evidence. That's why it's important to consult with and retain an experienced criminal defense lawyer to represent you.See question
I was charged with one count of 1st degree CSC and one count of 2nd degree CSC. Through a jury trial I was found guilty of the 1st and not guilty of the 2nd. I was sentenced to 35 months minimum and a max of 20 years. I ended up doing 6 years i...
Unfortunately no, a CSC 1st (and most CSC convictions for that matter) are not eligible to be expunged. After this much time you will need new evidence of innocence that was not readily available or discoverable at the time of trial. I strongly suggest you set up a consultation with an experienced appeals attorney to see if you have any recourse.See question
I am in a morning routine if PBT's. I also have random drug tests. I don't have a drug test tomorrow. I've read that a glass of wine won't hurt, it being Valentin's day and all I'd like to treat myself.
Won't hurt? If you are doing PBTs you must be on either bond or probation and more than likely for a drug or alcohol related offense. It would "hurt" in the sense that you are violating and court order and could end up in jail. Is it really worth it? Also, if you can't bypass a glass a wine on Valentine's Day by order of the court and threat of jail, you probably have a problem.
Bottom line: it's not worth the risk Don't do it!See question
Need to know if step grandparents have the same rights for visitation as grandparents in Michigan
You have the same standing to petition the court for grandparenting rights, but keep in mind it's an uphill battle because the court gives deference to decisions of the parents on such matters.See question
Under mcl 769.4a my record was dismissed and I was told that it was completely removed. I was even able to get me cpl, but when I tried to join the military a rap sheet popped up. Is there any reason why this still shows up?
It's not really completely removed. The more accurate answer is that it is non public. It is only available to certain elect members of law enforcement. I wouldn't think the military would be seeing it unless you were applying for some sort of security clearance.See question