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James J White
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James White’s Answers

1,225 total


  • MI domestic violence

    Here is my confusion: I am trying to find the statute definition for michigan domestic violence. I need to define if michigan domestic violence is divisible statute or not. I find mcl400.1501 and another mcl750.81. The former would not be divi...

    James’s Answer

    Do you or the defendant have the immigration issue? Or is this homework? If homework than I recommend yoy analyze both statutes. Good luck!

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  • Civil assault & battery case--What do I do now?

    I was assaulted in my home in the middle of the night by someone I met in therapy. I suffered several broken bones, a massive concussion, required surgeries & 9 months physical therapy. I lost function in limb & hearing in ear. My attacker was not...

    James’s Answer

    I think you still want a lawyer. Get one from a nearby town. If you probably substantiated your medicals then a lawyer should be willing to pick up the case.

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  • Do I have any defense to have the first DUI dropped off my record due to the fact I completed everything in October?

    I've was charged with my second DUI on December 5th, but I went through the deferral program for the first DUI, so this is a first offense DUI. I blew a .07 and I am 20 years of age. I have records that i finished all of my classes and reports on ...

    James’s Answer

    You should immediately hire a lawyer. These are each charges that can affect your record either for a very long time or forever. So, even though the advice here can be very good, in this case it will not be sufficient. You'll want a thorough review of each case before making a decision. That cannot happen here.

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  • How to proceed in this situations? Can I get a restraining order and get her out like that?

    I broke up with my ex. I let her know to move out. She refuses to do so and asking for an eviction letter. She also threatens to call the police on me with false allegations.

    James’s Answer

    If she has threatened to make false allegations on more than one occasion you may be able to get an anti-harassment protection order. Consult a local attorney on this issue.

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  • Should I withdraw my plea?

    My lawyer refused to mention in court that the trooper lied in his report saying he noticed me driving on the highway swerving in my lane when really he was sitting in town outside a bar I was at and followed me for several miles before he pulled ...

    James’s Answer

    It is traditionally very difficult to withdraw your plea. But I am glad that you are looking at the big picture and questioning whether you would even want to do so. If sounds like you want to know if you could get a better result based on the facts you provided. However, there are many other facts that can be a factor. Also, you have not provided the details of the plea bargain so that also makes it difficult to second guess your lawyer.

    Sincerely,

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  • Car accident with someone on DUI probation, Insurance denied my claim, do I have a case?

    I was stopped at red light with my passenger and then proceeded forward at green light into the intersection and was hit by a Ford Excursion estimated at 40-50MPh in a 30MPH zone. His vehicle then went front dead center a foot and 1/2 into a tree...

    James’s Answer

    Your insurance company should be pursuing this for you. That said, you should definitely consult your own personal injury attorney to pursue the action. Sometimes, you need a PI attorney even to get your own insurance to compensate you for your loss.

    Sincerely,

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  • Please contact me asap

    OK I am a victim of domestic violence and the defense attorney got up and asked me .if I was a confidential informant in open court this could have put me n danger for my life even if it isn't true. Is this l...

    James’s Answer

    Hm. It does not sound like he was able to impeach you in anyway, i.e., show other evidence that you were indeed a CI. Therefore, I am not sure how this would put you in danger. Are you associated with dangerous underworld persons such that hearing you are a C.I. could put your life in danger? If not, it seems you have little to worry about. If so, it is not the question so much as the association that puts you in danger.

    Sincerely,

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  • Can i file for an emergency protection order on behalf of my children to protect them from their father?

    There has been police reports and multiple neighbors of my ex husband who are willing to testify as well as reports made to DHR in regards to child abuse and drug and alcohol use around my 4 minor children when they are left with their father for...

    James’s Answer

    You are saving up for an attorney which is legal help that you definitely need. In the meantime, call your local court clerks for more information.
    Court Administrator
    Gray, Kim 327 532-3575

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  • Can I press charges for assault? What is the likely outcome of the criminal mischief charges? Should I hire a lawyer?

    In January a former friend of mine punched my car. I got a police report and an estimate, although it wasn't until April that I filed a complaint. The prosecutor picked up the case and the court date is set for May 26. Since then he has continuall...

    James’s Answer

    Yes. Call the police about the assault charge. There are too many factors, most likely unknown by you (like his criminal history) to predict an outcome. You likely do not need a lawyer unless you wish to sue him. You should call one that gives a free consultation. If you cannot find one willing to take the case on contingency then likely it is not cost effective for you to sue (unless you want to spend money on the principle of the matter).
    Sincerely,

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  • What is the best way to deal with this, I don't even know what to do?

    My 11 year old daughter got into an altercation on the bus with a little boy who has been antagonising her for a long time. He threw a mechanical pencil at her and she got up and stabbed him with it. I know that she was wrong for reacting like tha...

    James’s Answer

    You should hire a lawyer ASAP as it is unlikely that the DA will feel/think that the situation is unfair to your daughter. She stabbed someone. The DA does not represent you. Technically, the DA does not represent the other parents either but his interests and theirs are more closely aligned than with you (he prosecutes persons accused of crimes--in this case your daughter). So get a lawyer that represents your daughter's interests expediently.

    Sincerely,

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