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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 3
Do you have any Michigan Criminal Defense questions page 3 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.
Criminal Law
Michigan

Recent Legal Answers

I never recieved court papers for a case that is almost a year ago and I might have a bench warrant

Answered 4 years and 9 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
You probably do have a bench warrant. Have you tried calling your lawyer to find out what the status of your case is? Or have you called the Court? When was your Arraignment?
You probably do have a bench warrant. Have you tried calling your lawyer to find out what the status of your case is? Or have you called the Court?... Read More

Is the a lifetime ban on felons possessing a firearm or having one in the home in Michigan

Answered 4 years and 9 months ago by attorney J. Allen Fiorletta   |   2 Answers   |  Legal Topics: Criminal Defense
You are correct in your conclusion that he should seek to exunge his felony conviction. Once expunged, he can truthfully answer that he has never been convicted of a felony.
You are correct in your conclusion that he should seek to exunge his felony conviction. Once expunged, he can truthfully answer that he has never... Read More

is someone hit you in the face with some thang and someone pulls out a gun how long do you have to make a report

Answered 4 years and 10 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
The longer you wait, the less likely you are to be believed.
The longer you wait, the less likely you are to be believed.

Is it legal for police in Michigan to conduct traffic stop in unmarked vehicles

Answered 4 years and 10 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
Yes.  They will need to present their ID in the course of doing so.
Yes.  They will need to present their ID in the course of doing so.

Rape accusations

Answered 4 years and 10 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
Get a good attorney and defend yourself from the charges, and you may be looking at nothing.
Get a good attorney and defend yourself from the charges, and you may be looking at nothing.

If I create a military and flourishing crime 30 years ago and never fulfilled probation am I'm still in violation of the crime

Answered 4 years and 10 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
If a warrant for the probation violation was ever issued, it my still be open and in the LEIN system. What Court were you convicted in?
If a warrant for the probation violation was ever issued, it my still be open and in the LEIN system. What Court were you convicted in?

Do I need a lawyer for a misdemeanor larcany

Answered 4 years and 11 months ago by attorney Dana B. Carron   |   2 Answers   |  Legal Topics: Criminal Defense
It sounds as if they have a strong case against you.  You took things that you knew were not yours to take.  You will need a lawyer.  Hire one, or get one appointed if you are indigent.  If he owes you that much money, you may be able to get off without a conviction by showing that what you took was worth much less than you are owed.  Good luck. ... Read More
It sounds as if they have a strong case against you.  You took things that you knew were not yours to take.  You will need a lawyer. ... Read More

Can a judge force me to represent myself and deny me the right to counsel?

Answered 4 years and 11 months ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
You should always (ALWAYS) be able to hire an attorney to represent you.  I am assuming your question means can the judge refuse to appoint an attorney for you.  He can, on a misdemeanor, if he will not be sending you to jail.  If you refuse to accept the attorney that he appointed, then you may be stuck representing yourself.  I hope these answers apply to your situation.  Otherwise, you will probably need to post another question that includes more specifics about your case.... Read More
You should always (ALWAYS) be able to hire an attorney to represent you.  I am assuming your question means can the judge refuse to appoint an... Read More

Breaking and Entering

Answered 4 years and 11 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
It is very likely that he will be charged with a felony. The other issue is how many counts he will be charged with since each time he broke in is a new offense. If the prosecutor's office thinks that they can prove each break-in, he may be charged with 4 counts. You should make arrangements to speak with a criminal defense attorney promptly.... Read More
It is very likely that he will be charged with a felony. The other issue is how many counts he will be charged with since each time he broke in is a... Read More

Embezzlement over 5k felony

Answered 4 years and 11 months ago by attorney Dana B. Carron   |   2 Answers   |  Legal Topics: Criminal Defense
He is likely to still have the charges proceed against him, however, if convicted, he is likely to get a significantly better penalty at sentencing.  Furthermore, if the victim will not testify, the prosecutor is likely to reduce the charges if the defendant enters a plea bargain.
He is likely to still have the charges proceed against him, however, if convicted, he is likely to get a significantly better penalty at... Read More

I was trying to see if I could beat a case felony case I was charged for a false police report and lying to the police

Answered 5 years ago by attorney Dana B. Carron   |   1 Answer   |  Legal Topics: Criminal Defense
In order to get an opinion on whether you can beat the case, you will need to speak to an attorney and go into the details of what you said in the police report, and how it compared to reality.
In order to get an opinion on whether you can beat the case, you will need to speak to an attorney and go into the details of what you said in the... Read More

I was pulled over for speeding past a semi truck. I informed the cop I was taking a trip with my family and had a gun. He took the gun. What do I do

Answered 5 years ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
When you wrote "did not have my CPL", does that mean that you have a license but did not have it with you, or does it mean that you do not possess a valid CPL? Huge difference. If you do not have a CPL you may be charged with carrying a conceraled weapon, which is a 5-year felony offense. If you hold a valid CPL but did not have it with you on that day, it is not nearly as big of a problem. The officer may not have arrested you since you were with your family on a trip. However, the prosecutor's office can seek a warrant for your arrest, depending on your CPL status.... Read More
When you wrote "did not have my CPL", does that mean that you have a license but did not have it with you, or does it mean that you do not possess a... Read More

Misdemeanor retail fraud of $130.. I've never been in trouble before in my life. Am I going to jail?

Answered 5 years and a month ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
There are a number of factors that will determine whether you are convicted and serve jail time for this offense. Your age, prior criminal history, the facts of your particular case are all considered. You should take the time to speak with an experienced criminal defense attorney before your next Court appearance.... Read More
There are a number of factors that will determine whether you are convicted and serve jail time for this offense. Your age, prior criminal history,... Read More

I was caught shoplifting 120$ from a meijer in Michigan. Essentially admitted it to the cop. Did I give up all of my leverage?

Answered 5 years and a month ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
There are still options available to you that could result in this matter being dismissed or the penalties lessened, depending on the facts and circumstances of your situation. It would be in your best interests to work with someone who has experience handling these types of cases. 
There are still options available to you that could result in this matter being dismissed or the penalties lessened, depending on the facts and... Read More

So I have a ticket from when the stay at home order was in effect an I’ve missed the court date for this ticket it’s a misdemeanor any option

Answered 5 years and 2 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
You should contact the Court, or have an attorney contact the Court on your behalf. Having missed Court on a misdemeanor offense, you likely have a warrant for your arrest. Once you get the warrant taken care of, you can address the underlying misdemeanor offense and get this taken care of.... Read More
You should contact the Court, or have an attorney contact the Court on your behalf. Having missed Court on a misdemeanor offense, you likely have a... Read More

I have an old arrest that I was let go of and never charged over 17 years ago. Now theres a warrent on ichat as of 2020. what do i do?

Answered 5 years and 2 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
You need to contact the Court and make arrangements to have the warrant recalled. An experienced criminal defense attorney can assist you in getting this matter taken care of. 
You need to contact the Court and make arrangements to have the warrant recalled. An experienced criminal defense attorney can assist you in getting... Read More

State of emergency ticket

Answered 5 years and 2 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
That's hard to say not knowing what the charge is and what, if any, prior criminal history you have. The important thing right now would be to contact the Court and make arrangements to get the warrant recalled. Continuing to avoid the matter will only make things worse for you in the long run. An experienced criminal defense attorney would be able to assist you with getting this resolved.... Read More
That's hard to say not knowing what the charge is and what, if any, prior criminal history you have. The important thing right now would be to... Read More

Will I do jail time?

Answered 5 years and 3 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
I assume that you have been charged with retail fraud - 3rd degree. Yes? Whether you end up serving jail time depends on a number of factors including what, and how many counts, you have been charged with, and any prior record. The fact that you do not have a previous criminal history certainly helps. You should consider discussing your situation with an experienced criminal defense attorney to get a better understanding of what you are up against.... Read More
I assume that you have been charged with retail fraud - 3rd degree. Yes? Whether you end up serving jail time depends on a number of factors... Read More

What should i do for 3rd degree retail fraud.

Answered 5 years and 4 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
Do not "plead guilty off the bat".  Too many times Defendant's want to plead guilty as soon as possible, hoping to "get this overwith". That is rarely a good idea. Which Court is your case in and when do you have Court?
Do not "plead guilty off the bat".  Too many times Defendant's want to plead guilty as soon as possible, hoping to "get this overwith". That is... Read More

will i be facing jail time for a false report of felony?

Answered 5 years and 5 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, there is the possibility of receiving jail time upon conviction for this offense. Courts do not tend to look favorably on those who commit this offense since it undermines the entire criminal justice system. Your previous record, and what you are ultimately convicted of (if anything), will impact the sentence. You need an attorney to assist you with resolving this case.... Read More
Yes, there is the possibility of receiving jail time upon conviction for this offense. Courts do not tend to look favorably on those who commit this... Read More

Hello i dont have a criminal record for anything. I shoplifted the first time in my life. Is it a high chance that will face jail time.

Answered 5 years and 5 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
While there is not necessarily a "high" chance of jail time, there is a chance of it. However, jail should not be your only concern. A fraud conviction can have lifelong implications including the ability to get and/or retain a job. There is also the liklihood of fines, costs, probation and community service. An experience criminal defense attorney can help you navigate this challenge and seek to lessen the impact your mistake will cause.... Read More
While there is not necessarily a "high" chance of jail time, there is a chance of it. However, jail should not be your only concern. A fraud... Read More

Warrant

Answered 5 years and 5 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
Since this is your first offense, you may receive a PR bond, or a 10% bond. Whether you receive jail time will likely depend on what, if anything, you are ultimately convicted of. You should certainly discuss your situation with an attorney before making any decisions on how to proceed. ... Read More
Since this is your first offense, you may receive a PR bond, or a 10% bond. Whether you receive jail time will likely depend on what, if anything,... Read More

I missed my sentencing date due to oversleeping because of a long night of work. How can I resolve this problem?

Answered 5 years and 7 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
Do you have an attorney? If so, you should contact that person and ask them to get your Court date back on the schedule. There is a good chance that you currently have a warrant out for your arrest.
Do you have an attorney? If so, you should contact that person and ask them to get your Court date back on the schedule. There is a good chance that... Read More

This is my first time will I go to jail or have a record

Answered 5 years and 7 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
The event that you described is called retail fraud. It is a criminal offense and yes, you can go to jail for it. If it is your first offense, there may be options that will kepp you from having a criminal record. Also, although jail is possible, it is not likely for your first offese. However, fines, court costs, probation and community service are all possible penalties. You should speak with an experienced criminal defense attorney promptly.... Read More
The event that you described is called retail fraud. It is a criminal offense and yes, you can go to jail for it. If it is your first offense,... Read More

If my lawyer refused to bring to the judges attention that I was coerced at the time of the guilty plea what can I do

Answered 5 years and 7 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Criminal Defense
Once you have entered a guilty, you can still seek with withdraw that plea. However, the Judge does not have to allow you to. It is more diffcult to successfully withdraw a plea after you have been sentenced that it is to withdraw it before you have been sentenced. But depending on the facts and circumstances it is still possible.... Read More
Once you have entered a guilty, you can still seek with withdraw that plea. However, the Judge does not have to allow you to. It is more diffcult to... Read More
Criminal Law
Michigan

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