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Legal Advice- Immunity Using A Lawyer?
I'Ll Try To Make A Long Story Short.. If It Helps, I Live In Michigan (Not Sure If Laws Involving This Are Federal Or State)
The Story: I Was Charged Back In August For Assault.. The Day That It Happened, I Flead From The Scene, And Went To My Dads House To &Quot;Hide&Quot;. They Knew Exactly Where I Was.. They Showed Up About 15 Minutes After I Did. They Knocked On My Dads Door, And Smelled Marijuana. That Night I Went To Jail For Assault (Not Involving My Dad). The Very Next Day, The Officers Got A Search Warrant, Went Back To My Dads House And Found An Ounce Of Weed In The House, Along With 12 Pot Plants In His Back Yard. Thinking That I &Quot;Set Him Up&Quot;, My Dad Told The Officers It Was All Mine, Thinking He Wouldnt Get Charged With It. Needless To Say, He Got Charged Anyway, For Possession. A Month After His Sentencing, They Came After Me. Instead Of Possession, They Are Trying To Charge Me With Marijuana Manufacturing, Which Is A 4 Year Felony, And Not A Misdemeanor Like His. Anyways, The Only Evidence They Have In This Case Is My Dads Police Report Stating That Its Mine.
The Facts: I Currently Have A Court Appointed Attorney, As Most Of You May Know Is Total ****. He Has Stated If I Bring It To Trial, I Would Lose Since I Cannot Prove Anything. But This Is Not My Question.
My Question: My Dad And I Have Made Ammends, He Is Very Sorry About What He Said, Obviously.. He Has Already Been Charged, He'S Almost Off Probation From It (He Got 6 Months). He'S Not Worried About Getting Charged Again, Since Its Double Jeopardy Etc. He Is Worried About Coming To Court And Stating Something Different Then The Police Report. I Did Some Research, If He Were To Get Charged With A False Police Report, The Crime Is That Of The Charge. Which Would Be A Felony.
In The State Of Michigan, Found Here: Http://Www.Legislature.Mi.Gov/%28S%28Rwcybmi4xivkn1nzwp3a2x55%29%29/Mileg.Aspx?Page=Getmcldocument&Objectname=Mcl-750-411A
I Have Already Discussed With My &Quot;Lawyer&Quot; About My Dad Obtaining Immunity, Which Would Free Him Of Any Prosecution, He Has Stated That Only The Prosecutor Can Offer Immunity, And In A Case Such As Mine, There Is No Chance In Hell He Would Do That, Seeing As It Would Help Me And Not The Courts. They Obviously Want A Conviction. I Have Heard From A Few People (Which Is My Ultimate Question), That By Using A Lawyer To Make A Statement In Court, And If You Remain Silent, They Cannot Prosecute You For Anything The Lawyer Says. However, Someone Else Has Told Me, That They May Not Be Able To Prosecute You For What You Say In Court, But If The Police Report Were To Be Found False In Any Way, Shape Or Form, That They Can Go Back On The Police Report And Charge You Separately That Way. So My Final Question I Guess Is, Is There Any Loopholes, Or A Way That My Dad Can Come Into Court And Tell Them I Had Nothing To Do With His Plants Without Facing A Prosecution For A False Police Report? We Are Both Caught In A Catch-22..
"I have already discussed with my "lawyer" about my dad obtaining immunity.... I have heard from a few people"
Public defenders are, almost without exception, the most experienced trial lawyers in any jurisdiction. In addition, because they are up against the same DA's, in front of the same judges, every day, they know what DA will go for what plea bargain, or under what circumstances he will offer immunity.
I can guarantee you that his legal knowledge and advice is better than what you'll get from people whose knowledge is based on the fact that they've been caught themselves in the past.
"He has ALREADY been charged, he's almost off probation from it (he got 6 months). He's not worried about getting charged again, since its double jeopardy etc."
Wrong. It isn't double jeopardy, and he can be charged with a different crime from the one he was already charged with. If he'd been acquitted on the possession charge, or charged with manufacturing and acquitted, trying him again on those charges would be double jeopardy.
Now, normally a DA must charge all crimes arising from the "same series of bad acts" at one time. This would usually mean that he couldn't charge your father with possession, then come back later and charge him with manufacturing. BUT... When the decision not to charge a more serious crime was based on the accused's own untrue statements, that is an exception to that rule.
Because the DA decided not to charge him with manufacturing based on his testimony that the plants were yours, if the DA becomes satisfied that he lied, and the plants WERE his, the 'same series of bad acts' rule is waived, and your father can be charged with the manufacturing. (AND the false police report)
Your father cannot testify at your trial through a lawyer so as to avoid having to perjure himself, or avoid admitting that he perjured himself in the police report. "You" cannot be required to testify at your own trial, and under some circumstances you can have your lawyer make a statement. however, a lawyer cannot make a statement that he knows, or believes, to be false.
If the DA wants your fathers testimony then he will subpoena him, and put him on the stand. Once there he has three choices.
1) He can testify that the plants were yours. With your own father telling the jury that, you'll probably be convicted.
2) He can admit that they were his. If the jury believes him, you will likely be acquitted. The DA will then almost certainly charge him with manufacturing, and probably with the false police report as well.
3) He can take the 5th, and refuse to testify on the grounds that his testimony might incriminate himself. The DA will introduce the police report as a prior inconsistant statement, since it did 'not' incriminate him. The jury might then convict or acquit, based on what they believe is true.
Be aware that if he takes the fifth, then even if you are convicted, nothing stops the DA from deciding that the two of you were both involved in growing the plants, and charging him anyway.
You are right about one thing, though. The DA wants a conviction. He most likely doesn't really care whether he hangs the plants on you, or on your father, so long as he gets one of you. He's not going to allow you to get off on the basis that the plants were your Dads without then hanging them on him.
Do You Think That People That Have A Dwi Arrest Are Generally Sketchy Or It Depends On Other Circumstances?
I Had One 10 Years Ago, Right Out Of College. Since Then, I Have Gotten An Mba And Earn Six Figures In A Corporate Job And Have Two Kids And A Wife. I Rarely Have More Than One Drink A Week As Getting Drunk, To Me, Was Just A &Quot;College Thing&Quot;
In A Case Like This, Am I A Sketchy Person?
Is This A Really Bad Thing, Could It Be A Problem In The Future, As Far As Climbing Further Up The Corporate Ladder?
your dwi and your success have nothing to do with each other.
one would think that with all that education you should know the answer to your own question. in fact if you were paying attention in your dwi classes you would know that a dwi can happen to anyone AND you don't even need to be drunk to get one.
your one drink a week can land you in the hooskow just as quick. all it takes is one drink to get you a dwi if you are involved in ANY kind of accident (even if it is not your fault it will suddely become your fault) you don't even need to be at .08 to get a dwi. .01 will do it if there is an accident involved.
so no it does not mean a person is sketchy. it can and does happen to everyone. including the cop who got pulled over in roseville california the other day. yup got his just desserts
What Sort Of Visitation Rights Do Grandparents Have?
Do Grandparents Have Visitation Rights To See A Grandchild?
It varies state to state, but you can petition the court for visitation rights, and if the judge sees that it is in the best interest of the child for you to visit, then it will be granted.
I was reading on grandparents.com,
and allow me to quote a bit:
"At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state has a different threshold for when it will allow grandparents to take a case to court.
Some states are more permissive when it comes to filing for visitation. Connecticut, Hawaii, Idaho, Kentucky, Maryland and New York require only the ground rule mentioned above — that visitation is in the best interest of the child — before grandparents can take a case to court.
Other states set more stringent requirements allowing grandparents to file a suit only if they were denied visitation altogether. Under current laws in Alabama, Florida, Iowa, Mississippi, Oregon, Rhode Island and Utah, grandparents don't have a case if parents permit them to see their grandchildren — no matter how infrequently.
In Minnesota and Pennsylvania, grandparents cannot make a legal case unless their grandchildren previously lived with them."
I hope this helps!
$4 Retail Theft - Do I Need A Lawyer?
I'M A Minor And Allegedly Stole 3 Ice Cream Sundaes From Mcdonald'S. Is It Even Worth Spending Money On A Lawyer For Such A Small Theft? I Can'T Imagine A Judge Being Too Harsh About This As It Was My First Offense.
My Parents Have Quite A Bit Of Money So I Doubt I'D Be Able To Get A Public Defender.
You should always get a lawyer especially when you are a minor. You want to make sure that your lawyer makes sure that this does not exist once you turn 18. Just because you turn 18 does not mean people cannot look at it. Have a lawyer make sure it is sealed or expunged on your 18th b-day.
Media Litigation Attorneys?
If You Are One Or Work For A Company That Practices It, I Have A Few Questions. I'M A Sophmore In America And Am Considering This For A Career. I Would Expecially Like To Work With Defamation, Breach Of Confidence And Privacy, And Contempt And Freedom Of Information. Can You Explain A Normal Day Of This Occupation? Is It More Of A &Quot;Behind-The-Desk&Quot; Lawyer And Not In Court? I Would Like To Be More Of A Researcher, But Do They Hire Media Litigation Paralegals, If That Even Exists? I Really Want To Stay In Media Law, Not Any Other Kind. What Would You Recommend For High School Courses To Take And What Kind Of Degree To Get? How Many Years Of College Would This Be?
I don't do this, but you do not need to take any specific high school courses for this.
You also don't need to take specific courses in college, but make sure you get a degree that you can use if you end up not going to law school. It takes 4 years to get through college (normally).
Then, you have 3 years of law school. Take electives in entertainment law.
Then, you have to pass your state's bar examination.
Most attorneys - regardless of specialization - spend the first few years doing "grunt" work - law & motion, etc. If you don't want to go to court, you don't have to.
I'm sure they hire paralegals with experience in litigation in entertainment law.
I Need To Ask Lawyer A Question?
Also Do I Need A Lawyer .....What Happens After A Arrest For Shoplifting ....47$ ..2 Earrings ..Iregret It .Iwant To Close The Door On This ..Its Not Tolerated ....Ts A Crime..Ifeel Totally Unacceptable...My ?????Is What Will Happen Before The Judge Besides The Obvious What Will He Ask Me ,Can I Ask To Get This Expunged So That My Work Applications Do Not Need To Be Involved B/C That Will Pick Up Unfortunate Issues.. I Regret It ..And Want To Close The Door On This ...I Have To Appear Before A Judge Help Is Needed...
Okay, things still can work out for you, I'm guessing from your tone this is your first offense, so it is possible avoid having it placed on your permanent record even in zero tolerance States.
It's a misdemeanor, $47.00, despite it being the law, the police will be reluctant to take it on. Having to appear before a judge tells me that, so you can likely get it settled out of court.
Its going to cost you, but overall compared to what will happen after you go to work, it's the best bargain you will ever get in your lifetime
It wouldn't hurt if you showed some remorse, I have to be honest, you didn't show any in your question. All you were worried about was what will happen to you and you even say you "feel it's unacceptable."
A change in your attitude towards the theft is what your really need -- it is also what the law will be looking for.
Specifically, remorse and lot's of it is what they will be looking for. The store may even drop the charges if you show remorse and offer to restitution.
If that doesn't work Legal Aid may be an option but not your best bet.
All in all the best thing to do now may be to hire a criminal lawyer before you call the store to show remorese and offer restitution in case there is a legal landmind in that approach.
You can ask different lawyers how much they charge, choose one and pay whatever he asks, show him a lot of remorse and have him call to have the case settled either with the store or with the State before you see the judge and before it goes on your permanent record.
If this is your first offence it's practically a slam dunk, the State doesn't want to ruin a remorsefull person's life.
If you balk at the cost, it will cost you a whole lot more later in lost potential earnings and with a recession on the horizon things are going to be tough enough.
Should you be found guilty by the judge, you can get your record expunged, but there is usually a waiting time of five years to see that if it was a one time thing for you.
So the answer to your question is you need to a) show a lot of remorse, b) hire a criminal lawyer and see if he can settle out of court in return for not having this placed on your permanent record.
If I were you I'd get another thing, a moral compass that will help you not do this type of thing again, change your friends if they are a bad infuence, go to church or if your not a believer do some volunteer work.
Even if you avoid having this put on your public record a record will be kept and they don't like it if you betray their trust and you will get the full penalty for the second offense and the seal of your first offense will be taken off and the first crime will be placed on your permanent record.
That will mean two strikes in a three strikes and your out world. I have seen it happen, three small offenses = mega jail time.
Character is destiny, Aristotle.