Michigan Criminal Defense Legal Questions

If the facts are as portrayed, is your son willing to spend two years in prison as a result? It would seem to me that he would want the best defense possible or some of the facts are either not has related to you or there are additional facts you are not aware of. On the other hand, if there was indeed attempted armed robbery by your son of the victim, two years would be extremely favorable sentence.... Read More

A lot more information is needed to give a worthwhile answer. Did the son try to take property from the victim? Under Michigan law an attempt to rob while armed constitutes armed robbery. [A completed taking is no longer required]. If he did not try to take anything then he should be found not guilty. Possession of firearm could be a few different crimes. I suspect you are talking about felony firearm, that is, possession of a firearm while committing another felony. If he was not committing another felony then he is not guilty of felony firearm. As for cruelty to animals, self-defense is a valid defense to that charge, if supported by the evidence. Did your son make statements to the police? What did he say? In some cases statements to police can be suppressed from evidence, meaning they cannot be presented by the prosecutor at trial. Were items seized as a result of a search? In some cases items seized can be suppressed for illegal search. In general, you would go to trial if he has a reasonable chance of winning a trial, and/or the prosecutor is not making any good offers.... Read More

The testimony of a witness is evidence, whether true or false. The jury decides whether the witness is telling the truth or not. The jury decides whether the (apparent) lack of damage to the car means they have a reasonable doubt as to your guilt. It occurs to me that in some cases a car could run over a person without the car sustaining damage, but every case is factually different. If the accuser received injuries, testimony from a doctor is likely to be admitted, which might help or hurt you, depending on the testimony. Physical evidence is not required for a conviction. The prosecutor has the authority to charge anyone with a crime. The alleged victim does not have that right, only the right to report the incident and let the police and prosecutor decide what to do.... Read More

You can sue anyone you want, in the sense that you can file the papers with the court. All claims against the court, judge or prosecutor will be quickly dismissed. It is unclear how someone "made" you plead to the crime. When a judge takes a plea he always tells you that it is your own choice whether to plead guilty or go to trial. Promises made by police officers are close to worthless, in that the police do not have authority to bind the prosecutor, and the prosecutor is the one who has authority to grant deals. Sexual harassment by an officer is a good subject for a lawsuit. Suing the attorney can be complex, in that you would have to show that he committed malpractice, acting in a way that no reasonable attorney would act. It is not out of the question that such a lawsuit could succeed. Much more information is needed. No lawsuit will overturn the conviction. At best, a lawsuit could lead to your winning an award of money from the person being sued. The conviction can be overturned only by way of motion or appeal in the criminal case. Overturning a guilty plea is not especially common, but it happens sometimes. Incorrect advice by the attorney can be a ground to overturn a guilty plea, and there are several other grounds that apply in some cases. You had the civil right to plead guilty or not guilty, and the civil right to an attorney. It appears you were not deprived of those rights. When you pled guilty, you exercised your civil rights, and waived your right to plead not guilty. You can only regain that right by a motion or appeal that overturns the guilty plea conviction. Overturning the plea means all charges are reinstated, and you go to trial. You want to do that only if you have a reasonable chance of winning at the trial. If you have the "discovery" (police reports, witness statements, etc.) that can help a lawyer determine whether it would be a good idea to try to withdraw the plea. That the situation "ruined" your life, or that it cost you freedom or money, are not factors that will be considered by a court when deciding a motion to withdraw the plea. Your feeling that "honor" has been taken away is simply a personal feeling, and is not something that judges can give or take away. If it is close in time to your sentencing, you can petition the court to grant you a court appointed lawyer for an appeal or motion. The best motion would be filed within 6 months of sentencing.... Read More

You can try just about anything, but a Motion to Quash (motion before trial to dismiss criminal case for insufficient evidence) is allowed only in felony cases. A misdemeanor does not have a preliminary exam, and a motion to quash is based on testimony at the preliminary exam. If you can win a motion to suppress evidence for illegal search, or illegal interrogation, that can lead to dismissal of the case. After the prosecutor closes their case at trial, then the defense can make a motion for directed verdict, which dismisses the case if it wins. A bench trial can be good if you have a good judge. I do not know all the judges in the state, and you did not give the name of your judge. I normally prefer a jury trial, but not always. Each case has its own unique circumstances.... Read More

You have not provided enough info to give a complete answer. But it appears you are saying your incarcerated nephew has other charges pending. If so, while he is still incarcerated he should write the court & police authority that has the pending charge & request he be brought to that court to face those charges.... Read More

Theoretically, you can be taken into custody and extradited to the state where the warrant was issued. You could stay in jail for weeks until the state which issued the warrant decides whether or not to come and get you. You can also be charged in the new state with driving on a suspended license which, in California, is a misdemeanor.... Read More