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 2
Do you have any Michigan Criminal Defense questions page 2 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

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 More
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... Read More
If you have not had any issues, Michigan permits you to apply to expunge this from your record. You can try to do it yourself but those represented by counsel usually have a higher success rate.   Good luck to you.
If you have not had any issues, Michigan permits you to apply to expunge this from your record. You can try to do it yourself but those represented... Read More

Good Samaritan law for person who overdosed

Answered 3 years and a month ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
You will need a lawyer who practices criminal law for this.
You will need a lawyer who practices criminal law for this.
DAs are supposed to turn over evidence to your counsel as soon after they find it. They have a duty to disclose, a failure to disclose is misconduct. Given they found the gun in the car and you at some point were in the car, that is still a big problem for you. Best of luck.
DAs are supposed to turn over evidence to your counsel as soon after they find it. They have a duty to disclose, a failure to disclose is... Read More

I have a question about a case I'm going thru

Answered 3 years and a month ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
As you describe things, you are going to need a criminal lawyer to address the domestic issue. it is not clear if this is one incedent or more. the court will appoint an attorney for you if you cannot afford one.
As you describe things, you are going to need a criminal lawyer to address the domestic issue. it is not clear if this is one incedent or more. the... Read More
hard case to defend the prosecution will argue you knew you were not a member did your friend let you in because he thought he could bring a guest you should be able to plea out to a misdemeanor hiring  a lawyer all the way to trial might cost $5000 up to you good luck
hard case to defend the prosecution will argue you knew you were not a member did your friend let you in because he thought he could bring a... Read More
Usually bond is only increased if there is an incedent of some kind or additional, more serious, charges have been brought.
Usually bond is only increased if there is an incedent of some kind or additional, more serious, charges have been brought.
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 More
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... Read More

What is the charge for driving without a license first offense in Michigan

Answered 3 years and 8 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More

I got charged with Misdemeanor Larceny under $200

Answered 3 years and 9 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More
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 More
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... Read More
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 More
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... Read More

I let my ex girlfriend use my moms Jeep

Answered 4 years and a month ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
report her to the police and the vehicle as stolen
report her to the police and the vehicle as stolen

How can I locate court information with only the victims information

Answered 4 years and 2 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More

How long can a court system pushback court dates

Answered 4 years and 3 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
Sadly, COVID has put dates way back.   I cannot tell you when things will get back to normal speed.   Her attorney can make a motion to end parole, the court will only accept it if they deem her a low risk.   good luck to you
Sadly, COVID has put dates way back.   I cannot tell you when things will get back to normal speed.   Her attorney can make a motion to... Read More

Can a twenty year old possession charge be expunged

Answered 4 years and 4 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on what has happened in the years since the conviction. I would be happy to discuss your situation with you.
It depends on what has happened in the years since the conviction. I would be happy to discuss your situation with you.
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 More
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... Read More

EXAM WAIVED ; DEFENDANT BOUND OVERWhat does this mean in michigan court

Answered 4 years and 5 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More
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 More
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... Read More
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 More
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... Read More
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 More
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... Read More

fired The last two court appointed lawyers

Answered 4 years and 8 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
You are going to need an attorney to attempt to withdraw your plea, preferably before sentencing, when it is much easier to do.  I specialize in criminal appeals, and handle these, or you can find someone else here.
You are going to need an attorney to attempt to withdraw your plea, preferably before sentencing, when it is much easier to do.  I specialize in... Read More

Is This Legal?

Answered 4 years and 8 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
Wht is your question?
Wht is your question?

Can I request that a 8 year old be given a lie detector test

Answered 4 years and 8 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
You can make the request, but they are not required to do it, and are unlkely to do it.
You can make the request, but they are not required to do it, and are unlkely to do it.
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 More
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... Read More