Criminal Defense Legal Questions

It looks like you caught a lucky break. A DUI can only be issued to a person that is in his car, if the keys are in the ignition. There is nothing illegal about a drunk person sitting or sleeping in his car with the ignition keys, not in the ignition lock. The reason that they let you go is that they could not find the keys and therefore you would have the case, most likely thrown out on a motion to dismiss based on state law.     ... Read Answer

You could hire an attorney. Assault on a peace officer is a third degree felony. If convicted it is 2 to 10 years in prison and a fine up to $10,000. If he was hospitalized around when the time it happened, he may have a defense. The intent element can be challeneged if he was medicated or undergoing a medical emergency.   Tristan LeGrande... Read Answer

Falsly accusing someone of a crime is considered slander per se in Michigan. What that means is that you do not even have to show actual monetary damages to recover in a civil lawsuit. However, based on what you have described, it certainly sounds like you have suffered damages. Feel free to contact my office to discuss your options, including demanding that she stop slandering you, and filing a lawsuit against her to recover money damages..... Read Answer

No. If you were sentenced in September of 2024 then you are past the 30 day time allowed in Washington for an appeal to be filed.  In addition, it is very unusual in Washington for someone to go through a DUI prosecution without having counsel. In almost every case where someone ends up pro se, representing themselves, the court ensures that the defendant clearly waives their right to an attorney. Assuming that you waived your right to an attorney, rather than hiring one or having one appoointed for you, your right to appeal that would have been difficult.  As an aside, after being found guilty of reckless driving, courts in Washington always order a substance abuse evaluation and require you to follow the recomended treatment. ... Read Answer

One of a lawyer's primary responsibilities is to communicate with his or her clients. It is reasonable for a client to expect to receive a return call or email reply within one business day. Keep in mind that you are always free to change lawyers if you do not feel that your current lawyer is meeting your expectations. While there may be a reason your lawyer has not returned your call, two weeks is excessive. Are you able to reach anyone at his/her office to schedule an appointment to come into the office? Have you sent an email requesting a face-to-face meeting? You are welcome to contact this office if you are cnsidering making a change.... Read Answer

Good morning. I imagine that this is causing you quite a bit of anxiety, and rightly so. You could end up being charged with a serious felony offense, which can have lifelong implications. How this plays out would depend on a number of factors including your age and your relationship to the location that the lottery tickets were taken from. With almost 40 years of criminal defense experience, I would be happy to have a free telephone consultation with you in order to get additional facts. Then I would be able to provide you with guidance specifically tailored to your situation.... Read Answer

the law, for very good reasons, sets the age of consent at age 16 and under the law you will remain a minor until you are 18. first the science, the human brain's development and cognitive abilities are usually only fully developed until you are 20 or so. 2 years ago, on one hand your BF was a minor at the time, but on the other you were 14, as the parent, your mom can press charges worse for your BF, he might even get charged and go on the offenders' list which could mess up his life for years to come. the only good news is that the prosecution would have a very difficult time proving what happened and your mom, if she was so worried, should have reported things things then my suggestion, you need to sit down and have a conversation with your mom; you need to respect her interest as parent and she needs to respect that you are a young woman and come up with a way for you to go together into the next chapter in life- you need to agree how the two of you can get along together for the next couple of years, I suggest you bring her a peace offering of flowers or something nice that lets her know you care. I really don't suggest burning down the bridges, you will only really understand what family is when the worst in life happens; if you let her, your mom can be a rock in your life good luck to you... Read Answer

The ultimate outcome of your case is going to depend on a number of fators that an experienced attorney will investigate. Based on the limited information that you have provided, it may be entirely possible to avoid the loss of your driving privileges. I would encourage you to speak with an experienced OWI?criminal defense attorney to discuss in more detail everything that occurred on the day of the incodent. I would also encourage you to ot try to defend yourself against these charges.... Read Answer

We can't quote prices on this forum, but it would be notably less than representation on the case from the start. Considerations include if you have completed community service hours, paid all fines, fees and restitution, if you have had issues on probation, and whether probation is holding you back. The code says the judge can grant it if it is in the best interest of the defendant and society.... Read Answer

Your initial appearance will be to determine if you have hired a lawyer to represent you. Unless it is a condition of pretrial release (where you made a bond with the county of arrest) you would not be drug tested on the initial appearance.  You should hire an attorney to help you evaluate your legal options.  You should be prepared to discuss with the attorney the interactions you had with the officer and what you allowed him to do.  For instance, was the vape pen in plain view of the officer? Did he say he could smell and odor of marijuana coming from your vehicle or you? Gather all the documents related to your arrest so the attorney can review them.... Read Answer

If there is a warrant, you need to address it. You might be able to go to the memorial but, depending on how bad the police/court want you will determine if you will get arrested at the memorial. If you fly, there is no guarantee you will not be greeted at the airport. if it is just a mindemeanor, call the court and tell them when you are going to come in and be arraigned. Warrants last forever.... Read Answer

Absolutely. You could have been in absorption, meaning that your bac at time of driving was lower than when thr test was taken - later, and after driving had stopped. Also, when its that close, you can't trust a machine like that to be that precise and reliable on a breath test. Hire a dwi lawyer that knows how to win dwi cases, and yes, a low bac, even over .08, can be won.... Read Answer

There could be a pending motion to revoke parole. If there are pending criminal charges, that os very likely the case. The parole board will wait until thr new cases resolve to make a decision on the motion to revoke parole. He could be sentenced to time in prison on the new cases, or, if his parole is revoked. He should hire an attorney to represent him on both the cases and the revocation if he has the means to. Felony cases can be won, and parole can be reinstated, in many circumstances.... Read Answer