Michigan Criminal Defense Legal Questions

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385 legal questions have been posted about criminal law by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Michigan Criminal Defense Questions & Legal Answers - Page 10
Do you have any Michigan Criminal Defense questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 385 previously answered Michigan Criminal Defense questions.

Recent Legal Answers

Don't they need evidence to charge me with arson?

Answered 9 years and 10 months ago by James S. Lawrence (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The testimony of a witness is evidence. If he says you did it, that is enough to find probable cause you did it, and therefore it is enough to bind you over for trial. You might still win the trial if the jury does not accept the testimony of the witness as constituting proof beyond a reasonable doubt. This appears to be a winnable case, though winning would not be guaranteed. Good luck.... Read More
The testimony of a witness is evidence. If he says you did it, that is enough to find probable cause you did it, and therefore it is enough to bind... Read More

Am I eligible for a misdemeanor charge to be removed from record?

Answered 9 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I think you maybe eligible. You can remove up to two misdemeanors and one Felony. The driving one is excluded, but the r/c should be. 5 years from release from probation.
I think you maybe eligible. You can remove up to two misdemeanors and one Felony. The driving one is excluded, but the r/c should be. 5 years from... Read More

Should I be worried if they have not been charged yet?

Answered 9 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Warrant requests can take quite a while to process. Have them be quiet, do not speak to the police without an attorney and just be patient.
Warrant requests can take quite a while to process. Have them be quiet, do not speak to the police without an attorney and just be patient.

Would a 3rd degree retail theft show in my criminal record and how do I get it off?

Answered 9 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes it would. Hire a local defense attorney to assist right away. A permanent theft record is a very tough sell to a future employer.
Yes it would. Hire a local defense attorney to assist right away. A permanent theft record is a very tough sell to a future employer.

What is most likely going to happen to me for larceny and using someoneโ€™s financial device?

Answered 9 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
First things first. Interview and hire a skilled local defense attorney who can examine all the discovery and then properly advise you on your choices. There are way too many factors that can alter outcomes.
First things first. Interview and hire a skilled local defense attorney who can examine all the discovery and then properly advise you on your... Read More

Would a 3rd degree retail theft show in my criminal record?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
The letter ONLY relates to the civil penalty (kind of a statutory reward for catching shoplifters). You do not have to pay it. I encourage clients not to pay unless sued in civil court. If you pay that will NOT stop the criminal prosecution. If convicted you can end up with a record but if you hire a good criminal attorney, depending on circumstances (facts, history, court, judge, store, prosecution) is may be possible to get a plea that does not include a permanent record.... Read More
The letter ONLY relates to the civil penalty (kind of a statutory reward for catching shoplifters). You do not have to pay it. I encourage clients... Read More

Would a 3rd degree retail theft show in my criminal record?

Answered 9 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes. It would absolutely show up on your record if you plead guilty or are found guilty after a trial. There are better ways to handle these, but you'll need to contact a local criminal defense attorney right away.
Yes. It would absolutely show up on your record if you plead guilty or are found guilty after a trial. There are better ways to handle these, but... Read More

Can I also press charges on her after I plead no contest?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can ask the detective and the prosecuting authorities to bring charges but without their cooperation it would be very unlikely charges would be authorized at this point.
You can ask the detective and the prosecuting authorities to bring charges but without their cooperation it would be very unlikely charges would be... Read More

Is it legal for your neighbor to videotape you while your driving and use it against you?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You see videos made by the public as the basis of criminal prosecutions all the time. Think Rodney K8ng and any other time police get caught on tape assaulting a suspect. No different just because it is a neighbor doing the taping. After all you were on a public roadway & by its very name there is no expectation of privacy there. Actually you don't even need the video to be prosecuted. A witness could have filed the complaint based just on what they saw.... Read More
You see videos made by the public as the basis of criminal prosecutions all the time. Think Rodney K8ng and any other time police get caught on tape... Read More

How long can a person be held in jail for violation of probation for drinking?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Max jail for misdemeanor OWI is 93 days. Until judge adds some kind of contempt or there are other aggravating ?circumstances that should be the max.
Max jail for misdemeanor OWI is 93 days. Until judge adds some kind of contempt or there are other aggravating ?circumstances that should be the max.

Is it lawful for police to demand driver license after a routine traffic stop?

Answered 9 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes. It is.
Yes. It is.

Is it lawful for police to demand driver license after a routine traffic stop?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Come on, of course they do. That's why it's called a driver's license.
Come on, of course they do. That's why it's called a driver's license.

Can someone charged with unarmed robbery get probation?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it is possible.
Yes, it is possible.

How long will my boyfriend be in prison for armed robbery and assault?

Answered 9 years and 11 months ago by James S. Lawrence (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
The charge of armed robbery carries a penalty of life or any term of years. When a person gets a term of years, there is a minimum and a maximum. I know someone who recently got 20 to 40 years for an armed robbery case. If a defendant gets life it is parolable life, meaning that he can be considered for parole at any time after 10 years (though most lifers serve far, far more than 10 years). If the defendant has not yet been sentenced, consult with the lawyer about what you can do to keep the sentence at a minimum. Personally appearing at the sentencing could help, as well as a letter. The prior record will tend to hurt him. If anyone was injured in the robbery that would tend to hurt him. There are sentencing guidelines that apply, but to calculate them I would need to know a lot more about the case and the defendant's background. His lawyer can calculate them. Under the ruling in People v Lockridge, the sentencing guidelines are only advisory, and the judge can sentence higher or lower than the guidelines if he or she finds it appropriate.... Read More
The charge of armed robbery carries a penalty of life or any term of years. When a person gets a term of years, there is a minimum and a maximum. I... Read More

Are you still wanted if others have been convicted?

Answered 9 years and 11 months ago by James S. Lawrence (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The arrest and conviction of two people on the case does not prevent the prosecutor from charging additional people who were believed to have participated in the crime. The prosecutor will still need evidence of your involvement to proceed with a prosecution. Evidence can include the statements of witnesses or participants in the crime.... Read More
The arrest and conviction of two people on the case does not prevent the prosecutor from charging additional people who were believed to have... Read More

Can I have my 15 year old felony abolished?

Answered 9 years and 11 months ago by James S. Lawrence (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
If you have only the one felony conviction, and no more than 2 minor misdemeanors, you are eligible for expungement, in the discretion of the judge. Five years must have passed from the final expiration of all custody, probation or parole on the case.
If you have only the one felony conviction, and no more than 2 minor misdemeanors, you are eligible for expungement, in the discretion of the judge. ... Read More

How do I drop a no contact order after my fiancรฉ has been sentenced?

Answered 9 years and 11 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
All you should have to is write judge a letter telling the court that you want no contact order lifted. Be there for sentencing because the judge will want ho verify your wishes.
All you should have to is write judge a letter telling the court that you want no contact order lifted. Be there for sentencing because the judge... Read More

Could my friend get away without jail time if he got charged with fleeing and eluding 3rd degree and heโ€™s never had a felony?

Answered 9 years and 11 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If he gets a skilled attorney, anything can happen. Get one ASAP!
If he gets a skilled attorney, anything can happen. Get one ASAP!

Would they have arrested me by now if I didn't show for a subpoena to court over an eviction?

Answered 9 years and 11 months ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Try calling the court that the subpoena was issued through. They can tell you for sure.
Try calling the court that the subpoena was issued through. They can tell you for sure.

Will theft be on my record if I wasnโ€™t taken to jail but they said I was arrested?

Answered 10 years ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Check your record online. If it is on your record, I can help you get it set aside.
Check your record online. If it is on your record, I can help you get it set aside.

Can you press charges against someone for hacking into your iCloud account or apple ID?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There are laws and prohibitions punishing hacking another's account. Call the prosecutor.
There are laws and prohibitions punishing hacking another's account. Call the prosecutor.

Will the possession charge be considered null and void if the first charge was dropped?

Answered 10 years ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No. There was probably cause and the fact that case didn't proceed has nothing to do with the other case. You'll still have to deal with that one.
No. There was probably cause and the fact that case didn't proceed has nothing to do with the other case. You'll still have to deal with that one.

I failed an EGT screen test due to using apple cider vinegar and echinea to treat a UTI, what will be the outcome?

Answered 10 years ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
First of all, you certainly need a lawyer as this is a serious violation and you are at high risk for jail. If you are in the metro Detroit area, give me a call to discuss your options.
First of all, you certainly need a lawyer as this is a serious violation and you are at high risk for jail. If you are in the metro Detroit area,... Read More

When I get off parole, can I legally live with my parents who have guns locked in a safe?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Confer with an attorney, do it right or you are at grave risk.
Confer with an attorney, do it right or you are at grave risk.

How do I pursue a bigamy charge?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That your accusation and evidence to your county prosecutor.
That your accusation and evidence to your county prosecutor.