Legal Questions: do not communicate with the demon at all except through your genie

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uG: Apr 23, 2003; by Ralp

Whats the procedure when you plead to a misdemeanor in circuit court in Michigan? Will the circuit court judge end up sentencing me (at the sentencing date of coarse)? Will my sentencing be in front of a district court judge? Will I have to also plead to the district court judge and then get sentenced by said judge?

# ¿ Mar 22, 2010 03:03

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# ¿ May 22, 2024 13:17

uG: Apr 23, 2003; by Ralp

The Adama posted:

One of my friends was arrested this weekend, and I'm trying to figure out how bad the situation is. The charge on the online jail roster says Assault 1 POST-7/1/88. I've found what the general requirements are for Assault 1, but I have no idea about the POST-7/1/88. From what I can gather he went out with his roommates, got shitfaced, and then disappeared from the bar. No one knew where he was for about 24 hours, and then he calls from jail. What I've been told is he ended up in the hospital, and got beligerent with some nurses. So, does anyone know what the POST-7/1/88 might mean(Washington State)? I have no intention of giving him any legal advice, but they won't allow visitation yet, and I really want to come to grips with just how bad this could be.

My guess is the requirements for Assault 1 changed on 7/1/88

# ¿ Mar 23, 2010 01:49

uG: Apr 23, 2003; by Ralp

Maybe this is another circuit specific question, maybe it is only Michigan specific. But I plead guilty to a misdemeanor possession of marijuana in circuit court (originally charged with felony possession). However when I went to get my PSI paperwork they also have me an order for DNA sample. According to MCL 750.250m DNA samples are taken for felonies and various sex/prostitution crimes. It does not state that what I plead to requires a DNA sample. Is this also up to the judges discretion? My lawyer is at some conference for a few days and won't get back to me for a few days, i'm just curious to know before.

# ¿ Mar 24, 2010 21:27

uG: Apr 23, 2003; by Ralp

Alaemon posted:

I'm not sure about your citation. As I have it, MCL 750.250 is forgery of notes issued for debt of state or political subdivisions.

Technically its MCL 750.250m. My citation after pleading is MCL 333.7403 under 2d. I don't know if that matters or not. When I google that there is 1 result, which is a pdf of the Order for DNA sample form (the exact one I received). It is 2 pages, and the second page lists the criteria (which I do not see where/how I fall into with a minor marijuana possession).

(Can't copy and paste from the pdf)

http://forms.lp.findlaw.com/form/courtforms/state/mi/mi000393.pdf

uG fucked around with this message at 23:36 on Mar 24, 2010

# ¿ Mar 24, 2010 23:24

uG: Apr 23, 2003; by Ralp

Alaemon posted:

That explains it -- in both posts you said it was under 750.250m, which is what I looked up (and which doesn't exist).

What you just supplied is 520m. You had the numbers transposed, and that's what I was following. It happens to the best of us -- today I had to try four times to look up a case, because it was late in the day and I kept mistyping the citation.

Thats strange. If you look at the very bottom of the first page of the pdf it says

quote:

See other side for list of persons subject to DNA profiling under MCL 750.250m

Which is exactly what it says on my order for DNA sample. I wonder if thats a typo, since it has MCL 750.520m everywhere else on the form...

# ¿ Mar 25, 2010 00:07

uG: Apr 23, 2003; by Ralp

ItchyDroopy posted:

Update2: 3 lawyers have been contacted and none will take the case, which doesnt surprise me much... I'm dealing with my dads cancer issues right now, when ever I will get a brake I will reasarch someone who specializes in just these.

This sux...

I'd say call a lawyer from a different city. I don't know why a lawyer wouldn't want your money unless they are afraid of rustling the feathers of all the justice system workers they work with every day/golf with.

# ¿ Mar 31, 2010 01:28

uG: Apr 23, 2003; by Ralp

uG posted:

Maybe this is another circuit specific question, maybe it is only Michigan specific. But I plead guilty to a misdemeanor possession of marijuana in circuit court (originally charged with felony possession). However when I went to get my PSI paperwork they also have me an order for DNA sample. According to MCL 750.250m DNA samples are taken for felonies and various sex/prostitution crimes. It does not state that what I plead to requires a DNA sample. Is this also up to the judges discretion? My lawyer is at some conference for a few days and won't get back to me for a few days, i'm just curious to know before.

For the record, the court clerk told me if you were originally charged with a felony then you still have to give a DNA sample.

# ¿ Mar 31, 2010 18:45

uG: Apr 23, 2003; by Ralp

Maybe you can answer this Alaemon...

In Michigan i've always believed and read that if you are convicted of any drug crime that your license gets suspended for 6 months. During my sentencing I watched the judge sentence other people with (albeit felony) drug crimes and mentioning the license suspension. However when I got sentenced for a misdemeanor drug crime he did not mention any suspension. I asked my probation officer about this and he said there was nothing in my paper work saying my license was suspended.

What am I missing here? Did the judge just 'forget' to inform me? Did he 'forget' to apply the suspension? Is it up to the judges discretion? Does it only apply to felonies?

# ¿ Apr 17, 2010 03:17

uG: Apr 23, 2003; by Ralp

Alaemon posted:

I am looking at MCL 333.7408a:

So my immediate read on it is that it is not up to the judge's discretion whether or not to order the suspension. "Shall" makes it mandatory.

I don't know what it means that the judge didn't articulate it at sentencing. It is entirely possible that he forgot to mention it to you, but the abstract of your conviction went to the Secretary of State.

Thats what I figured, but section two reads:

quote:

(2) The person whose operator's or chauffeur's license is ordered suspended under this section shall immediately surrender his or her operator's or chauffeur's license to the court. The court shall immediately destroy the license and forward an abstract of conviction with court-ordered license sanctions to the secretary of state. Upon receipt of, and pursuant to, the abstract of conviction with court-ordered license sanctions, the secretary of state shall suspend the person's license and, if ordered by the court and if the person is otherwise eligible for a license, issue to the person a restricted license stating the limited driving privileges indicated on the abstract. If the judgment is appealed to circuit court, the court may, ex parte, order the secretary of state to stay the suspension or license restriction issued under this section pending the outcome of the appeal.

Which says the court shall immediately destroy my license which clearly never happened either. It also says 'is ordered suspended', which I guess can be interpreted many different ways by someone who isn't versed in this.

What exactly should I do? On the one hand if I did somehow manage to slip through the cracks and keep my license due to a mistake I don't want to bring it up. On the other hand I don't want to be driving around thinking everything is fine and then get pulled over for driving on a suspended.

# ¿ Apr 18, 2010 19:03

uG: Apr 23, 2003; by Ralp

Alaemon posted:

The statutory language is phrased in mandatory terms. I'm not sure if this is true in CS cases, but in OUIL cases, licensing sanctions are generally actions of the Secretary of State, not the presiding judge. Typically, the SoS contacts people a few weeks later to inform them of the sanction.

Given the mandatory terms of the statute, however, I do not see that there is a "crack" through which to slip. Failure to order that would seem to be a purely procedural error, as judges simply don't have the discretion to say "This defendant can keep his license."

lovely. I'm afraid that due to not being informed of this that I have missed my chance to argue for a restricted license. Even if I can still make my case before the judge I do not have the public defender at my side anymore to help me out. Ughhh...

# ¿ Apr 18, 2010 21:26

uG: Apr 23, 2003; by Ralp

joat mon posted:

Like Alaemon said, I don't think the Judge has the discretion do anything about it even if he wanted to. As for the PD, he may not be allowed to work those issues because they're not directly part of a criminal case.

You should contact a DUI attorney - he/she'll know the ins and outs of getting you a restricted license.

quote:

(a) If the court finds that the person does not have a prior conviction within 7 years of the violation, the court shall order the secretary of state to suspend the operator's or chauffeur's license of the person for 6 months. If the court finds compelling circumstances under subsection (8) sufficient to warrant the issuance of a restricted license, the court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the period of suspension, except that a restricted license shall not be issued during the first 30 days of the period of suspension.

(8) The court shall not order the secretary of state under this section to issue a restricted license unless the person states under oath, and the court finds by testimony taken in open court or by statements contained in a sworn affidavit on a form prescribed by the state court administrator, that both of the following apply:

(a) The person needs vehicular transportation to and from his or her work location, place of alcohol or drug education treatment, court probation department, court-ordered community service program, or educational institution, or in the course of the person's employment or occupation.

(b) The person is unable to take public transportation and does not have any family members or other individual able to provide transportation to a destination or for a purpose described in subdivision (a).

I also witnessed other people being sentenced before me for drug crimes told that their license would be suspended, but that they would be allowed a restricted license after 30 days. This all happened during sentencing and leads me to believe that while the judge may not have the power to 'not' suspend my license, he does have the power to order it be restricted instead of suspended.

But now that my sentencing is over with I do not have a public defender. If he had brought up the license issues during sentencing my lawyer could have brought up the reasons why I need a restricted license.

# ¿ Apr 18, 2010 22:02

uG: Apr 23, 2003; by Ralp

In Michigan if you received an arrest warrant for violation of probation will your hearing not be scheduled until after you're arrested?

# ¿ Apr 21, 2010 23:03

uG: Apr 23, 2003; by Ralp

joat mon posted:

I would be surprised if any jurisdiction scheduled a hearing before there was any reason to believe the parties would appear.
If you think you've got such a warrant, get an attorney.
Have him/her get in touch with the judge/DA/probation officer so your attorney can surrender you. Maybe your attorney can work out the violation issue, or at least have a chance of getting you a personal recognizance bond since you turned yourself in. (demonstrating that you're a good risk to show up for the parole violation hearing)

Should I get an attorney from the city im on probation from (its not the city I live in), or the attorney from my city that handled my previous case which is how I violated?

# ¿ Apr 22, 2010 23:10

uG: Apr 23, 2003; by Ralp

joat mon posted:

I'm guessing jurisdiction "A" with the older case has the probation violation warrant for you, based upon your picking up the newer case in jurisdiction "B"?

Get an attorney in jurisdiction "A" unless the attorney for your new case in "B" also knows the people and the system in jurisdiction "A".

You should have told your attorney for the new case about your old case. Your attorney should have taken care of both cases, or at least greased the skids where you had the old case. (Unless there was a tactical decision by the attorney to keep that information close to the vest in order to improve your chances of probation in the new case)

I hope that made sense.

You are correct. The reason my attorney didn't take care of both cases is because he was a public defender for the new case.

I was surprised to get the arrest warrant notification though. My probation officer from jurisdiction A told my probation officer from jurisdiction B (I have two since I have the one from where I live and report to, and then my actual one that he reports to) that if my sentence on my new crime was harsh enough that she would wouldn't give me any time. So my probation officer in jurisdiction B recommended a rather harsh sentence (that I had already served all of before being bonded out) in hopes of me not doing and probation violation time. Next thing I know I have the arrest notification from jurisdiction B.

I figured i'd get a notification for a hearing like I mentioned before. I'm hoping the whole arrest thing is an automatic thing and that ultimately when my hearing takes place they don't give me any time... but I kinda assume that if that was the case I wouldn't have an arrest warrant notice.

# ¿ Apr 23, 2010 00:49

uG: Apr 23, 2003; by Ralp

joat mon posted:

This doesn't make sense. Is it a typo?

Bummer. We do this routinely, but it's by 'handshake' with the other jurisdiction's DA since we can't make appearances in other counties.
Were you able to get your PD to go back and try to get you a restricted license?

I expect it's an automatic thing. Get a local attorney, and hopefully you can get things resolved before you surrender yourself.

Yea that was a typo. Do you think I could hire an attorney 'just' to get the warrant dropped and a hearing scheduled? To me, it seems like an attorney won't be much help in a probation violation hearing where the violation was a new crime... there isn't much in the way of defending my action. But I could very well be wrong.

The clerk for my judge is looking into my license thing. In any case, I can't get a restricted license until my license has been suspended for 60 days. Luckily my boss is a good guy and picks me up for work.

# ¿ Apr 23, 2010 01:27

uG: Apr 23, 2003; by Ralp

So I hired the best lawyer I could for my probation violation. As you might remember they sent me a notice that they have an arrest warrant in the mail. My lawyer has given me some papers to take to the court tomorrow to get me in front of the judge to plead not guilty on my violation and get a hearing set. He said he talked to them and that they will release the arrest warrant once I do this. Does that sound right? It sounds to me like they just want me to show up to the court building so they can arrest me...

# ¿ Apr 28, 2010 21:35

uG: Apr 23, 2003; by Ralp

Incredulous Red posted:

Dude, if you don't trust your lawyer, why are you paying him?

Last time I trusted a retained lawyer I got hammered. We have lawyers here taking retainer money and then fleeing the country leaving people defending themselves. Why would I trust a lawyer? I honestly trust your guy's advice way more, which is why I retained a lawyer in the first place. I didn't hire some cheap shmuck either, I went with the ex prosecuting attorney who is probably playing golf and snorting cocaine with the judges and prosecutors. But my previous experiences with lawyers (except for a public defender ironically) leave a bitter taste in my mouth.

# ¿ Apr 29, 2010 00:54

uG: Apr 23, 2003; by Ralp

Dog Jabber posted:

I live in Michigan. My friend and I, both under age, got MIPs for riding in a truck with a burnt out headlight. Its the first offense for both of us and we have the same court date.

Option 1: Plead Guilty
I pay a fine (100-500 bucks. Never found an exact number) and have a misdemeanor. I'm worried about this affecting the financial aid I could get when I go back to school next year. I'm also planning to move out of state, I don't know if that would be affected. Also I keep hearing DONT DO THIS from the internet and JUST DO THIS from my friends.

Option 2: Opt for Diversion
Apparently I can opt to do a short probation period with classes, etc. And I'd have nothing on my record if I did this. I'd have to pay provision fees, though.

Questions:

Will I have to pay any money on my court date if I choose Diversion?
Are Michigan MIPs handled in groups? I've heard they usher in a bunch of people at once, especially after holidays (it was Halloween)
Who do I talk to if I want the diversion program and when should I talk to them?
What should I expect for probation fees?

I'd just like to be as prepared as possible for this. Thanks.

You don't have to pay any money on any of your court dates (there will be more than one). You can even set up payment plans if you want.

Handled in groups... not in the sense you are thinking. Its not like you and a bunch of MIP cases do anything as a group. Everything you do will be by yourself. You'll probably just see a bunch of other people with MIPs go in front of the judge one by one until it is your turn.

You'll talk to the prosecutor if you want the diversion. You wait outside the court room on your court date (usually) and he/she will call you over to explain what options they will offer you (bring up diversion if its not mentioned).

Probation/court fees will probably be around $1000. This is separate from the MIP fine, but can also (and is usually) be made in payments.

# ¿ Nov 5, 2010 03:58

uG: Apr 23, 2003; by Ralp

quote:

If the person was imprisoned, he or she may apply to have the conviction set aside when five years have passed since being released from the term of imprisonment for that conviction.

I'm looking into having a felony conviction expunged in Michigan. The above excerpt is from http://courts.michigan.gov/scao/selfhelp/intro/criminal/setaside_help.htm but i'm curious what the above means in Michigan legalize speak; does 'released from the term of imprisonment' refer to actual incarceration, or probation also?

# ¿ Apr 9, 2011 19:47

uG: Apr 23, 2003; by Ralp

I quit my job on 4/6. My boss text'ed me a few times and left a few voicemails over the next week apologising and asking me to come back and work with him, but I ignored them all since I was done with this lunatic. I emailed him my last time card yesterday, and he replied back saying thanks for the hours, and that he still wants to talk about things, etc. Once again I ignore it, and go back to my new fulfilling job and expect my check in the mail.

This morning I have a voice mail from my old boss going ape poo poo because his place got vandalized last night and it must have been me and he is calling the cops. Being an ex-con, i'm used to be blamed first so I wait for someone to show up. A state police officer arrived, and I give him names and phone numbers of people he can reach to verify where I was last night. He kept trying to pry deeper (underage drinking? drugs?), but I politely put an end to that. Then he asks if i'd take a polygraph, to which I replied no. I can pass a polygraph, so I could always call him back and change my mind. But I thought the general consensus was no good ever comes from lie detectors.

At this point he closes his little notepad and asks if I have a medical marijuana card. The only way he could have known this is if my boss told the cop, so you get what kind of sleeze bag my boss is (since wtf does my MMJ card have to do with anything). He asks if he can see my card, because its a new thing here, hes never seen one, thinks fraudulent cards might start appearing so he wants to see a real one, etc. Then he implies that my use of MMJ for neck pain as a result of having a golf ball sized tumour was overkill, and that I must just smoke it to relax. I coldly tell him I rather smoke weed for pain than take pills, and that I have nothing else to add to his investigation. He asks real quick if he can search my truck. I ask why, and he assures me he won't in my glove box or under my seats because the item he was looking for was fairly large. I told him the truck was locked and that he could look through the windows if he wanted. He asked me about a shock absorber in the cargo area (ok, SUV not truck), and I told him it goes to my truck. After that he went on his way.

tl;dr: Quit job, ignore bosses requests to come back, bosses place gets vandalized, boss believes I am the chief suspect so is unlikely to send me my last check.

So there is a lot of rant in there, but I am so frustrated right now. My real question is how am I suppose to get my final paycheck from this guy? I know he isn't going to send it to me now, and i'm in no position to have a civil conversation with the guy anymore.

# ¿ May 15, 2011 22:18

uG: Apr 23, 2003; by Ralp

nm posted:

If the cops come back lawyer up. You're an ex-con, you should know the cops ain't your friend and never will be no matter how much you changed.

I would speak to an employment attorney about the rest.

If the cops come back it'll be to arrest me, but there is no evidence to back any of this up. I'm more creeped out, because other workers have told me that my boss is requesting them to forward all their texts and facebook messages they've had with me to him. Then later another guy texts me saying the boss gave the police his number because he might have 'inside information' on me. There is no inside information on me, and that is also weirding out some of his employees. Its all just really weird and creepy if you view it from my perspective, but I guess I will just deal with it until it blows over.

Choadmaster posted:

Check and see if your state has a Department of Labor or similar department that is responsible for labor laws. They may have a local office near you where you can ask questions and/or file a dispute.

I'm not a lawyer, but a friend of mine had a similar nonpaying-employer issue a couple years ago. It took weeks of hassling them to send his last paycheck, they gave promise after promise that "it would be in the mail soon" but they took their sweet time with it. He went to the local labor board office and asked them if that was legal. Turns out that in CA, an employer (I'm generalizing here) has to hand over the final paycheck immediately (before you walk out the door on your last day), and for every day the employer is late, you get paid for that day as if you were still working there. What it boiled down to was my friend filled out a complaint form explaining the situation, gave it to the lady at the labor office, and a few months later (yeah, it isn't fast) he got a check for five weeks additional pay. I hope your state laws are as awesome.

I just checked it out. Not nearly as awesome as California, but enough that I think i'll get my last paycheck eventually. For Michigan:

quote:

Sec. 18. (1) The department shall order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay the
following:
(a) Wages due to the employee.
(b) Fringe benefits due to or on the behalf of the employee in accordance with the terms set forth in the
written contract or written policy.
(c) A penalty at the rate of 10% annually on the wages and fringe benefits due beginning at the time the
employer is notified that a complaint has been filed and ending when payment is made.
(2) The department may order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay to the employee
exemplary damages of not more than twice the amount of the wages and fringe benefits which were due, if
the violation is flagrant or repeated.
(3) The department may order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay attorney costs,
hearing costs, and transcript costs.
(4) The department may assess a civil penalty of not more than $1,000.00 against an employer who
violates this act, which civil penalty shall be credited to the general fund of this state.

# ¿ May 16, 2011 17:50

uG: Apr 23, 2003; by Ralp

joat mon posted:

Particularly in light of Georgia v. Randolph, you are not required to allow the PO to enter, but in doing so you will probably be placing your roomate in violation of the terms of his probation. (So long as his terms and conditions of probation provide for visits 'at any time' or 'even when probationer is absent' or something like that.)

I don't think a PO is allowed to enter private property without the owner there. As in, 'maybe' his roommates would have to show him the common areas, but they don't have to show him their bedrooms or his roommate's personal room (maybe only if it is locked).

# ¿ May 20, 2011 05:34

uG: Apr 23, 2003; by Ralp

meatsneakers posted:

I have a question about a neighbor who has two cars that have been parked in the same spot for nearly 5 years. This is in the Bronx, NY on a residential street. I normally wouldn't give a poo poo, but two new houses with driveways have gone up on the block and it is now impossible to find parking. I've called 311 and filed a complaint 4+ times in the past year, and the cops haven't done poo poo even though the report says 'investegated'. The law states that a car can only be parked in the same spot for a maximum of 7 days. It's been 5 years. They have current plates and registration, somehow.

I don't know who owns the cars, so what is the next step to get these towed?

Leave a note on the car saying you are going to report the cars to be towed if they aren't moved in a week?

# ¿ May 21, 2011 03:05

uG: Apr 23, 2003; by Ralp

Alchenar posted:

It's to provide a time lag for people to clear the intersection safely before allowing traffic on from other directions, not for people like you to treat it like a green.

So why don't they just turn the drat light red a second earlier and have reds in both directions for an extra second? In this situation there is literally no difference between a red and yellow light besides their color spectrum and position on the light itself. I can't count the number of times i've almost been creamed because I had to stop hard at a yellow to avoid such non sense tickets.

# ¿ Oct 1, 2011 18:12

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# ¿ May 22, 2024 13:17

uG: Apr 23, 2003; by Ralp

In regards to recording a phone call: If my home state is single party consent, but I make/receive a call from my cell phone while physically being in all-party consent state, which state law am I required to follow (ignoring the state of the other party)?

# ¿ Sep 6, 2014 19:37

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