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I got caught with 2 plants July 11 2016 & the paperwork got screwed up cpl times & then they sent me paperwork saying charges were dropped because of paperwork error. Can they refile same charge different case number? I even tried turning myself i...
When a case is dismissed it's either Dismissed WITH prejudice or WITHOUT prejudice. If it is WITHOUT then the charges can be refiled.See question
I was arrested and charged with OWI child abuse in the 4th degree and open container in vehicle. My BAC was .13 I had no previous criminal history. Will I be able to get my car back from impound with a forfiteure hold on it? All of these charges a...
In Wayne County there are a couple of options available when facing a forfeiture issue. I agree with counsel that retaining an experienced owi attorney is crucial. But generally speaking you will need to either 1) sign over the car (obviously not ideal) 2) pay bond on the car and request forfeiture hearing or 3) pay (or negotiate a settlement) for car which is $900-1800 depending on charge(s) in most cases. But you should act quickly.See question
Should I still plea not guilty even though an officer found marijuana in my car? I got a citation for it and I was wondering if I should plea not guilty or if I should plea guilty and try for a diversion program? I'm 17 and this is my first offense.
The first step is seeking out an experienced & qualified attorney. They often can waive the arraignment so you do not appear. If you do appear then yes you would plead not guilty. The judge or magistrate may also impose bond conditions (requirements for you to adhere to while case is pending). Any drug charge is serious and can follow you for your lifetime, so it's important for you to find the right attorney for you to seek best outcome for your particular goals.See question
Husband paid fines, went to classes, done all court ordered items, turned in drivers license, plates, doesn't drive now...his 4 x a day breath test...one came back postitive..and he now has a hearing later in May. Will he for sure go to jail for 7...
I concur with Mr Tauber. There is no simple answer to your question/post. There may be a defense that you've outlined or another. Or there may be an agreement on the 'sanction' to be imposed. There are many factors to be evaluated and an experienced attorney certainly can assist you and your husband. But I do recommend that you act quickly to allow your attorney as much time as possible.See question
I was pulled over for dd. Not given breathalyzer or had blood taken. I was put into a cab and sent home. This happened in Chesterfield michigan,but it won't let me put that in as a location.
A drunk driving is going to require a breath or blood test or, at minimum, proof that the individual knowingly consumed alcohol and due to the consumption of alcohol it materially and substantially effected the drivers ability to operate the motor vehicle. In either case, if the officer has probable cause to arrest he or she would do so. A cab ride home signifies his or her decision is that there was not probable cause to arrest. There are no guarantees in this world but it's better to be safe than sorry. An attorney can assist you and officially confirm that status on potential charge/charges. It's advisable to seek legal representation for that purpose.See question
I was charged with domestic violence against a family member at a young age around 12. I am now looking into owning a gun and feel like this will show up on a background search.
It may appear on a criminal history check, but many juvenile records are not. However, generally speaking: 1) it's not a felony and 2) would not prohibit you from firearm ownership. There are other issues/factors that would require further exploration and understanding. It's advisable to contact and possibly retain an attorney for this process. There are many details of your current and prior situation that need clarification.See question
I was pulled over for not coming to a complete stop at a blinking red light, and my passenger who was pretty heavily intoxicated led the officer to ask me if I had been drinking. I was very polite and compliant with all that he asked, submitted to...
Every case is different, and therefore, there is not a one size fits all response to your post. For example, Grand Rapids or Kent County has a few different District Courts with different Judges and probation departments. It is common for a .10 case to be reduced to Impaired Driving. That outcome would permit you a 90 day restricted drivers license (to/from/during work, school, court requirements, counseling, community service, etc). That is imposed by the SOS not the court. The judge may place you on probation (varies court to court/judge to judge), community service or work crew, alcohol programs, and fines and costs. You've retained an attorney, which tells me you're taking this seriously. The thing to remember is that alcohol driving offenses can not be expunged. You obviously are concerned about your future, so be sure to explore every aspect & understand your case and options. Lastly, I would advise contacting your attorney to cover your concerns.See question
Had a CPL. Revoked because of my DUI. It shows that I cannot obtain one until after 8 years for a DUI 'punishable as second DUI' - MCL 257.625(9)(b). My conviction was 9 years after my first DUI and shows MCL 257.625 1 C on the court papers.
I concur with Mr Slais. Eligibility is listed within the Statute, wherein a 2nd offense requires 8 year waiting period & 1st offense requires 3 years. A second offense (under 257.625(9)(b)) is a conviction within 7 years. The Application process is listed under MCL 28.425b and there have been some changes beginning December 1, 2015 that may or may not be applicable to your situation. I suggest contacting an Attorney to discuss this process because your are only permitted one application per year. You'll want to do it right the first time.See question
In 2011 I was adjudicated for 2 misdemeanors( disorderly josling and larceny 200 under 1000) and also a high court misdemeanor of unlawful use of motor vehicle. Currently am 21, and can no longer work at my job at a nursing home because of my high...
I can appreciate your frustration. Where to turn should be to an attorney to discuss your options. There are many details that impact what steps to to take, and/or that you can take. Very generally, expungement can not take place until 5 years after you have completed probation from your most recent case. So, the offense may be 2011 but clock doesn't start ticking until you're done with "everything" on that case. There may be other options available.See question
3 years ago my CPL was revoked for a misdemeanor. I will be eligible in a few weeks to carry. My question is, do I need to take a class again and apply for my license all over again? Or, can I get my revoked CPL reinstated? I'm in the state of Mic...
It depends. It's a very lawyer answer, but it is important to retain counsel to fully address this issue. The application process has changed since you last applied. Your previous training may be sufficient if within past 5 years. But again, important to seek counsel to assist with this process.See question