Early dismissal 52nd-3rd court Judge Julie Nicholson?: My name is Griffin, nearly two years ago I received my first dui arrest in Troy MI, shortly after I received a second dui in Rochester MI before I was sentenced for my first dui. They were both involving marijuana opposed to alcohol. I was sentenced to 5 days of jail and a year and a half of probation including drug court for troy, and for Rochester I was sentenced to 15 days of jail and 24 months of non reporting probation concurrent with troy probation. This was in December of 2016. Since then I have had no violations, completed drug court program, and will be released from probation in the next month for troy probation. My question is what is the likely hood of being released from Rochester probation early as well with a letter of recommendation from my troy probation officer, my Rochester probation officer and my record of no vioations, as well as completion of drug court and early dismissal from troy probation.
Scott’s answer:
Hi Griffin, not likely. You have two substance and driving convictions in a short amount of time. The court not doubt, put you on a longer probation (typically 1 year) due to your repeat offense. Further, Judge Nicholson put you on probation for the maximum period she could- 2 years. In my experience, this judge is not know for her leniency or exercising her discretion in a way to shorten probationary periods.
It seems you are only one 1 year into a two year probation. You may have a better chance after 18 month of probation served and if you have a reason why she should release you early. (ie. moving our of state)
Can I petition a judge to have my scram removed with out an attorney, and where can I find the forms to do that?: I have had the scram on for a year and a half out of three with no violations. i am having a very hard time paying for it. allay other fines are paid off.
Scott’s answer: I agree with Attorney Taylor, best place to start is to ask your probation officer if they would support such a motion. If you have been on for 1 1/2 years with no faults and the probation office supports, he/she may ask the judge to modify your probation order directly. However, don't count on it. The next step would be to prepare and file a motion with the court requesting the relieve your want. There are SCAO forms which are basically blank pages with a heading and not much use. You will need to draft and file your motion pursuant to the court rules.
Can i force my 18 year old to live with me until he can graduate? : My son who is 18. Decided to live with friends. I am so angry. I know he wont finish high school. I told him he needs to get home but he has "im 18 and can do what i want attitude" but his maturity level is like a 12 year old. Is there anything i can do legally?
Scott’s answer:
No, your child is an adult at age 18 and can move as he wishes. I also agree with counsel that absent some additional circumstance (ie. getting a court order guardianship due to infirmities) he can make his own call.
However, this may be complicated if you are still paying support. Typical Judgments of Divorce require child support to be paid until age 18 or graduation from High School, whichever comes last, AS LONG AS REGULARLY ATTENDING SCHOOL. If he is 18 and quits school, you should consider a motion to terminate the child support.