Michigan Criminal Defense Legal Questions

Which county is your case in? Which Judge? Has your current attorney provided the probation department and/or the Judge with a Sentencing Memorandum explaining your situation? Are you currently working? Instead of simply trying to delay sentencing, you and your attorney should be working to minimize your sentence. The fact that you are the primary caregiver for your son is an important factor. Do not simply accept that you are going to be sentenced to a year. Take what little time you have until sentencing to show the Court why jail is not an appropriate sentence in your situation. Perhaps there are alternatives that the Court will consider. Changing lawyers just as a stall tactice, however, is unlikely to succeed.... Read Answer

Depends how you were served the subpoena. Personal served or certified mail, restricted delivery & signed for by you, then YES or risk contempt & sanctions up to & including arrest & jail time. If mailed regular 1st Class Mail, there is no proof you were served unless you acknowledge service. Be very careful, courts & local police do not like to have their time wasted. Good luck.... Read Answer

No contact order is issued by the judge. That is who you can ask, in person or by letter, to have the order lifted. The judge may just act on your request or seek input from p/o. No need to hire an atty if you are comfortable expressing yourself. Nothing to be afraid of. If you do hire one make sure the atty practices regularly in that court.... Read Answer

If you did not testify that he committed the crime, then someone else must have done so, or there must be physical evidence such as fingerprints, videos, etc. I seriously doubt that recanting character testimony would lead to a new trial. If he has an appeal lawyer you can contact him about it. Go to http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx and click on By Party Name, then enter his last name and first name. If he has an appeal it will be listed, and you can click on the link and find the name of his attorney. If you testified falsely at his trial, that could possibly subject you to a charge of perjury. You are legally required not to lie when testifying in court. Your feelings of anger toward him do not detract from the other proof that I assume the prosecutor had against him. If he wanted the plea bargain offer, he should have taken it. He cannot take the offer now that he has been convicted at trial. The decision to reject the plea was his, no matter what you recommended. If he wins a reversal then they might or might not offer him another deal.... Read Answer

If they have an arrest warrant for you, they can arrest you anytime they see you. Also, illegal arrest (when it is illegal) is not a defense to any criminal charge. At best, an illegal arrest can get a ruling suppressing from evidence items seized from you after the arrest, or statements made by you to police after arrest, and then not all the time.... Read Answer

Once something gets on the internet it is almost impossible to get it off, because it gets circulated to many other sites that sell information about people. Once you plead guilty under HYTA, your information went on the internet and it is impossible to get it off. If a site says you are convicted of the offense that is false and you possibly can sue them. If they say only that you were arrested for the offense, and pled guilty to it, that is true, and you cannot successfully sue them. You can hire services that can contact the various sites that might have your outdated information and ask them to delete it, which might or might not work, but you would have to hit every site that has it, or the info might pop up again.... Read Answer