Michigan Criminal Defense Legal Questions

Insurance companies now report to the Secretary of State when your auto insurance is cancelled, and that cancellation information is available to the officer when he runs your plate before stopping you. It sounds like a valid traffic stop to me based on the limited information you have provided.... Read More

To charge a person, all the prosecutor needs is to sign a paper charging you. Boom, you are charged. However, it sounds like you have a solid defense that can win. NEVER grant consent to an officer to search your car. The passenger might have a claim of illegal search if she did not consent to a personal search, but you consented to a search, also, you do not have standing to assert the constitutional rights of the passenger. Get good representation right away, and do not make statements about the case except to your lawyer.... Read More

It depends on the policy of the particular prosecutor's office. In one case I know of, Indiana would not come to Michigan to pick up someone on a misdemeanor. Oakland County picked up someone in Texas for a misdemeanor. Wayne County did not pick up someone in Kentucky for a misdemeanor. However, even if they do not come and get you, each time the warrant comes up you might be detained for several days in another state before the police figure out that Michigan is not coming to get you. It is probably best to take care of the warrant now, instead of subjecting yourself to a lifetime of "catch and release."... Read More

If you refuse to take the test, that would be a violation of your bond conditions. The judge could snatch your bond and order you to be locked up while the case is pending. The judge could do the same thing if you took the test and failed it. The judge could also do lesser things, like making you go to drug treatment, or increasing the amount of your bond. In some cases, the judge could issue an order to have your blood tested at a hospital, but that is fairly rare except in drunk or drugged driving cases, where the test is sought soon after the arrest. I will point out that except for marijuana, most drugs clear completely from the system within 5 days after use. Marijuana can stay in the system for 30 to 120 days, because it is "fat-soluble" and not "water-soluble."... Read More

You need to file a motion to amend the terms of your probation, get back in front of your sentencing judge, and ask the judge to amend your probation order so you can leave the state for work purposes. There isn't a standard form out there, you may want a lawyer for this that has a good relationship with your judge.... Read More

You can fire the attorney but you will not get a refund. If you believe the attorney has failed to do his job you can sue him for either malpractice, or violation of your contract for representation (whether written contract or oral contract). The attorney actually did show up, and probably said something in court, so I can't see how he violated the contract to represent. That leaves you with malpractice. If you got let off easy, then you have no damages, so even if there was malpractice you could not collect much. You can always request a refund from the attorney, but as an attorney, I would not give a refund to someone where I actually showed up and did the job. If you do not like the job the attorney did you can try to sue, but your chances of a worthwhile recovery do not look good to me. If you believe the attorney violated the rules of ethics you can complain about him to the Attorney Grievance Commission, and they will decide whether the attorney's actions are so contrary to the rules of ethics for attorneys that they would file a complaint against him with the Attorney Discipline Board. Good luck.... Read More

It probably does not matter if it is an illegal arrest. An illegal arrest does not block a prosecution. When an illegal arrest is found, the remedy is to suppress evidence seized as a result of the illegal arrest. So, if when you were rearrested, they found something illegal in your pocket, or you confessed to a crime, that is subject to suppression from evidence at your trial (if you have a trial). If they did not gather important evidence as a result of the rearrest, there is no worthwhile motion you can file. Theoretically, you could file a lawsuit against the police for the illegal arrest, but this has some problems: (1) the amount of damages would be small, meaning you could not induce an attorney to take the case for a percentage of the recovery, and (2) the officers could use the "good faith" defense, because if there was no intention to violate your rights, you could not win any recovery. I recommend that you turn your attention to the original charges that formed the basis of the arrest and rearrest, and try to beat those charges, or make an acceptable plea bargain. Good luck.... Read More

It sounds like you need to hire an attorney and fight the case. The penalty for larceny in a building is typically from probation up to 2 years 8 months to 4 years. The penalty for possession of a controlled substance is the same, except for marijuana, which has a max penalty of 1 year. The penalties go up if they charge "with intent to deliver." With no criminal record, you have a reasonable shot at getting probation with no jail if you want to make a deal. If you are innocent you should probably fight the charges.... Read More

You should hire a lawyer if you can, and if not, you should request an appointed lawyer. If you are asked to come in to the police station you should do so. You can provide them with your id, name, address, phone, etc., but if asked questions about the incident you should say you are not answering questions without your attorney present. Perhaps the attorney can make an acceptable plea bargain for you. Good luck.... Read More

Third degree retail fraud carries up to 93 days in jail or up to 2 years probation, plus fines and court costs. The judge can also order counseling, community service, no drugs or alcohol, etc. The judge sets the bond, and you can make a motion to the judge to lower the bond, but if you have already posted bond the judge would likely leave the present bond in place. If you are found guilty or plead guilty, the judge decides on the sentence, which might or might not be probation. Try to get a plea under advisement, where if you complete the probation successfully, the case is dismissed. You need representation to help you through this.... Read More

The decision on whether to charge you is entirely up to the prosecutor of the county where the events allegedly took place. The police investigate and provide reports to the prosecutor, who does the deciding. The fact of no rips or tears is a fact that helps, but does not guarantee victory. It is possible for someone to commit first degree or third degree criminal sexual conduct, even of a 4 year old, without any resulting rips or tears, and without leaving DNA behind. Mere touching of certain areas of the child would be 3rd degree, while any intrusion into her body, "however slight", can make it 1st degree. These are very serious charges, with first degree carrying up to life in prison. In most cases a conviction would require lifetime registration as a sex offender, once you get out of prison. If you are questioned by police it is preferred that you tell them that you will answer no questions without your attorney present. I recommend that you consider hiring an attorney soon. If the police get a search warrant for your home or computer, it would be good if they do not find any sexually related materials. I point out that possessing photos of a nude child, or a child engaged in sexual activity, is a very serious felony, while distributing such photos is even more serious, and photography cases can be charged in either state or federal court. Lie detector tests are known to be unreliable, and they are not admissible at trials in Michigan. They might or might not influence the prosecutor in deciding whether to charge you.... Read More