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 11
Do you have any Michigan Criminal Defense questions page 11 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

Will I serve jail time for a retail fraud third degree- first offense?

Answered 10 years ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Plead guilty and hire an attorney ASAP. You do not want this on your permanent criminal record. Getting a job with a theft conviction is very difficult.
Plead guilty and hire an attorney ASAP. You do not want this on your permanent criminal record. Getting a job with a theft conviction is very... Read More

What does DCWP 20 days in jail in lieu mean?

Answered 10 years ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I would guess 20 days District Court Work Program, but I can't be certain. Call your probation officer to tell for sure.
I would guess 20 days District Court Work Program, but I can't be certain. Call your probation officer to tell for sure.

If I didn't do probation and I paid fines, will the theft still be on my record after eight or nine years?

Answered 10 years ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Simple answer is probably yes and if you didn't comply with probation as ordered there is probably a bench warrant for your arrest for the p.v.
Simple answer is probably yes and if you didn't comply with probation as ordered there is probably a bench warrant for your arrest for the p.v.

If I didn't do probation and I paid fines, will the theft still be on my record after eight or nine years?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes, keep totally out of trouble for five years and then see an attorney to attempt to set it aside. If you take no action it will be on your record for life and the computers and centralized data bases forget nothing.
Yes, keep totally out of trouble for five years and then see an attorney to attempt to set it aside. If you take no action it will be on your record... Read More

What are my options on a 15 year old FTA warrant?

Answered 10 years ago by Dean P. Valente (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, that is the process. You're the one who is creating your problems by ignoring your responsibilities. Take the clerk's advice 1st. Write a letter to the judge then do what they tell you to do.
No, that is the process. You're the one who is creating your problems by ignoring your responsibilities. Take the clerk's advice 1st. Write a letter... Read More

Can I leave the state if I am on unreported probation without permission from my probation officer?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Do what you need to do, but contact your parole officer ASAP if you are a minor and moving with your pare nets or guardian. If you are moving "on your own" get permission first.
Do what you need to do, but contact your parole officer ASAP if you are a minor and moving with your pare nets or guardian. If you are moving "on... Read More

What can I do if I am charged with criminal menacing and a felony menacing?

Answered 10 years ago by Francis John Cowhig (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
Hire an attorney as soon as possible, if not sooner.
Hire an attorney as soon as possible, if not sooner.

Was it legal for a police officer to search my vehicle?

Answered 10 years ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
Before I answer your question, be aware that I am a California attorney and not completely familiar with Tennessee law. The information I will give you is general in nature and you should seek the services of a Tennessee attorney. The "search", as you described it, sounds like an inventory search by the towing company. Usually legal, in most states, to protect the towing company from false claims for missing or stolen items in the vehicle. I strongly suggest that you contact an experienced criminal defense attorney licensed in the State of Tennessee for a face-to-face consultation and give him/her all of the facts surrounding your situation.... Read More
Before I answer your question, be aware that I am a California attorney and not completely familiar with Tennessee law. The information I will give... Read More

If a person points a gun at you and said I come down here to kill you and your wife and kids, what are the charge?

Answered 10 years ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
There would be multiple charges. They could be charged with brandishing a firearm and criminal threats.
There would be multiple charges. They could be charged with brandishing a firearm and criminal threats.
Depends on judge, prosecutor, probation dept recommendation, aggravating circumstances...but with limited info you provided, probably not.
Depends on judge, prosecutor, probation dept recommendation, aggravating circumstances...but with limited info you provided, probably not.

Will I get jail time and what steps do I take to recant this?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Get an attorney immediately, beyond that I make no recommendation due to the lack of specific facts.
Get an attorney immediately, beyond that I make no recommendation due to the lack of specific facts.

Can a person who gives a drug to another and that person who took it overdoses and dies be held responsible for it?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Potentially, both civilly and criminally.
Potentially, both civilly and criminally.

How long does the police keep fingerprints?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Forever, and it is doubtful you can have them returned as you plead to the charge.
Forever, and it is doubtful you can have them returned as you plead to the charge.

If a neighbor makes a complaint against me, would I necessarily know about it?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
See an attorney, things are out of control. Clearly the complaint/allegation is going nowhere. You need to review and plan your response or, more likely, planned inaction.
See an attorney, things are out of control. Clearly the complaint/allegation is going nowhere. You need to review and plan your response or, more... Read More

How do I go about dealing with this theft charge?

Answered 10 years and a month ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Call court criminal clerk & ask what bond amount is then bring that amount with you when you turn yourself TO COURT. ? You should be able to post bond and get out right away.
Call court criminal clerk & ask what bond amount is then bring that amount with you when you turn yourself TO COURT. ? You should be able to post... Read More

Can I lose my license from a hit and run and reckless driving charge?

Answered 10 years and a month ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes with those charges after conviction your Michigan drivers license would be suspended for at least 180 days. Hire a good local attorney & fight for a deal to reduce charges.
Yes with those charges after conviction your Michigan drivers license would be suspended for at least 180 days. Hire a good local attorney & fight... Read More

What will happen if I've been charged with retail fraud-3rd degree and I'm already on probation?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You will be charged with a violation of your probation and the new crime as well. As you have not "learned" and taken advantage of the leniency, the punishment will be ratcheted up significantly. You were probably sentenced on the last charge, to be waived on a successful probation. Now that will be imposed. Hire an attorney now.... Read More
You will be charged with a violation of your probation and the new crime as well. As you have not "learned" and taken advantage of the leniency, the... Read More

How can I move the dates if my witness who is an officer is already subpoenaed to another case those days?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can petition the Court to change the date, and would be best to the have an attorney as you are clearly over your head.
You can petition the Court to change the date, and would be best to the have an attorney as you are clearly over your head.

How can I renew my gun rights for recreational use?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your situation must be reviewed in detail by an attorney in light of federal and state law (which may differ) to determine if you qualify for ownership and possession of a firearm, or to receive a CPL which are two different standards.
Your situation must be reviewed in detail by an attorney in light of federal and state law (which may differ) to determine if you qualify for... Read More

Fleeing felon for possession. Will it always be there?

Answered 10 years and a month ago by Kathleen M. Quayhackx (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The only thing you can do is answer to the warrant, that is, show up in Michigan and deal with it. I would contact a lawyer and determine just what the warrant is for, evalute the facts to determine the liklihood of conviction, and to evaluate what a potential sentence might be and to negotiate a voluntary surrender with the authorities in Michigan.   Tom Stotz 586-465-4198... Read More
The only thing you can do is answer to the warrant, that is, show up in Michigan and deal with it. I would contact a lawyer and determine just what... Read More

If I have multiple non-violent felonies and move to another state, can I get my firearms restored?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No answer without the details, but generally not if there are more than two felony convictions.
No answer without the details, but generally not if there are more than two felony convictions.

Would I be able to expunge the retail fraud?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You have two issues, there are three misdemeanors, and the two DUIs are not expungable. Something might be done with the retail fraud, but your best action must be a letter of disclosure and repentance, citing why the past is no longer relevant and begging for one more chance. The retail fraud is a crime of dishonesty and therefore very serious if you are applying for positions of trust.... Read More
You have two issues, there are three misdemeanors, and the two DUIs are not expungable. Something might be done with the retail fraud, but your best... Read More

Would I be able to expunge the retail fraud?

Answered 10 years and a month ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Most likely the answers are, no, no & no. Under Michigan law you cannot expunge drunk driving convictions and in order to expunge the RF it would have to be only criminal conviction on your record OWIs are criminal convictions. Sorry, I don't think any are eligible for expungement. Best bet is to disclose them to potential employer when you apply instead of waiting for background check to reveal them.... Read More
Most likely the answers are, no, no & no. Under Michigan law you cannot expunge drunk driving convictions and in order to expunge the RF it would... Read More

Does a misdemeanor drug possession charge bar you from purchasing a firearm?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Need details to answer, as well as whether you are seeking to purchase and possess or a CPL.
Need details to answer, as well as whether you are seeking to purchase and possess or a CPL.

Why do I now have a warrant for my arrest if I never received anything?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Because you did not follow the court's orders. Get an attorney, this is spinning out if control.
Because you did not follow the court's orders. Get an attorney, this is spinning out if control.