Michigan Criminal Defense Legal Questions

As long as the amount involved is not a felony, do this: Call the court and ask when walk ins for warrants are done. Unless you have a lawyer, a lawyer will be appointed for you. You might be better off with your own lawyer. It is a really good idea to get a cashier's check for the amount that was taken and pay it to the merchant. If the merchantr is out of business, that won't help. But a receipt showing you paid back will go over well with the judge. As it is probably a misdemeanor, unless you have an extensive record, you are looking at probation and a fine and court costs. Hopefully this happened a few years ago. Good luck to you.    ... Read Answer

You can absolutely press charges for attempted arson/murder, if and only if, they take single step towards the crime of arson.  You can and should certainly file a police report. The law cannot punish people saying assinine things. But the moment somone does something on a threat, they have just committed a serious crime.   Good luck to you.... Read Answer

A finer example of extenuating circumstances I have never heard. You will need to respond to the summons. Advise that you contest the charges. Write an explanation and ask that the court dismiss the case. They might. Go to court.  You will have appointed counsel. Typically, you meet with the prosecutor before appearing in court. Advise the prosecutor of the facts and ask that you be let off for extenuating circumstances. Tell them you would never have done this except for the unusual circumstances. If they refuse, say, OK, let's take this before the judge.  Bring lots of friends and pet lovers to be in court to support you. When your case is called, have everyone stand up so the court knows that the public cares about the case. After you step forward, have everyone sit down. Even on Zoom (have people holding their pets on camera!), the judge will see that this case matters to the community. Judges are elected. Politely tell the judge, I would never have done this except for the circumstances and ask that charges be dismissed.   good luck!... Read Answer

Under Michigan law, applying the facts as your describe them, the larceny charge would not stand as you cannot be shown to have had the intent to steal. If someone throws money, they cannot say they don't expect others to pick it up. Sadly, the disturbing the peace charge will probably stand. The prosecution will be able to show you intended to interrupt the event and actually did disrupt the event. It is a misdemeanor, expect a fine and community service. It is best to consult with your court appointed attorney on this.... Read Answer

The answer is maybe.  If one of you is under the age of 18, you are likely to be considered underage in the United States. Your legal ability to marry will depend on the laws of the state where you plan to get married. Each of the 50 U.S. states sets its own rules, and you will need to research them. For example, you may find that in one state you must be 18 years of age to marry, while in another you can marry younger if you can show the consent of your parents. Assuming that you are of legal age to Marry,  you still must get around the obstacle of filing a financial affidavit establishing that you have the minimum level of income to sponsor your fiancé. ... Read Answer

You have the right to say nothing. If you really haven't done anything, all you are doing is slowing down the process of vindicating yourself. But yes you can be arraigned. They bring in the arresting officer to witness that you are the person they brought in and, if you happen to have been caught with your license, will state they verified your ID after arrest. I suggest you say nothing incriminating and speak to your lawyer.... Read Answer

First, you will need to get the accident report from the police department that took the report. That gives you the name of the defendant. From there, you will need to check at the county courthouse and the district courthouse where the accident took place to see the disposition of any case against the defendant. I hope this helps, best of luck to you.... Read Answer

I recommend you contact the state bar lawyer referal service at 800-968-0738 they can help. The prosecution is required to turn over ALL evidence in a case to the other side. If you are dissatisfied with your current lawyer, bring it up to the judge and demand a new lawyer becuase you believe you are not being adequately represented.... Read Answer

In Michigan court records this means that a defendant is in custody and their right to a Preliminary Examination has been waived, typically at the time of arraignment. Defendant Bound Over means the defendant is held until the court sets either conditions for bail or to hold the defendant for case.   I hope this helps. ... Read Answer

Advice here: DON'T!   The law will treat is as a concealed weapon. It is legal to transport a gun in your car if it is locked in a case in the back seat or in the trunk. Best to get your CPL and be legal. You will probably still need the property owner's permission to have it while on duty.... Read Answer

Sadly, you can try but, especially in an age of police cruiser dashboard cameras, you will probably will not escape the ticket if the officer got the driver's license number right. As for paraphenalia, if it is related to Marijuana, I am not sure those charges can stand as it is legal to possess in Michigan. You might get 1 or 2 of the charges dropped and wind up paying a fine; depending why your license was suspended, it looks good to the court if you have fixed those issues (prior ticket not paid etc.).   Good luck. ... Read Answer

This is extremely long for anyone, even in a time of COVID to sit in jail. Everyone has a lawyer, ask them to contact their lawyer and demand bail or unconditional release. Obviously, the seriousness of the charges do still matter. Any time in jail will be credited to any sentence. Depending on what the charge is, they might be able to get out for time served.   Good luck... Read Answer

The only way to find out is for someone to contact the police or prosecutor's office to determine if a case is pending against you or not. Some Jurisdictions have online court explorers, you can enter your name and see if there are any pending cases. Have counsel find out for you, it is best. If there is a case, eventually the charging jurisdiction will issue a warrant for your arrest and warrants never expire; you need to know what is going on. I reccomend you find a criminal lawyer to help you with this.... Read Answer