Claimed Lawyer ProfileQ&A
8 Questions Answered
- Q. Can I represent myself in exponging my felony? Is there a probone service
- A: I notice some time has passed since you posted this question, so I don't know if you've gotten an answer to your question yet, but here goes. You could, but I wouldn[t advise it. The expungement statute in Michigan is pretty detailed and though you may be sharp enough to do procedure yourself, there's no substitute for experience. As far as pro bono services, you might want to try your local legal office and see if that's something they will undertake for you. If you want to give it a whirl yourself the expungement statute is MCL 780.621.
- Q. If someone offered me money for sexual favors and i blackmailed them for money is that illegal
- A: In Michigan the offense is called extortion, but the answer is yes. MCL 750.213 states: Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his will, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years or by a fine of not more than 10,000 dollars.
- Q. Am i responsible for someone else energy bill when i have paid mine off? Not married, account not in my name.
- A: Given the brief explanation you provide the answer is 'of course not'. If there's something more than the minimal information you've provided, however, you should really contact an attorney and fully discuss what's going on with this.
- Q. How can I prosecute someone who commited a crime against me
- A: From the sounds of your explanation situation, unless you can establish that the signator of these loans committed fraud against you, your only recourse against him would be in a civil court. Ultimately any decision to prosecute an individual for a crime resides in the County Prosecutor's office. What you should do is contact the prosecutor in the county in which you live and sound them out about the likelihood charging this individual. I don't want to discourage you, but the chances are they won't.
- Q. What is an order of dismissal for non-service in a divorce
- A: A court speaks to the public through its orders. What an order of dismissal for non-service says to the public and to the parties to the law service is that the case was dismissed because one of the parties was not adequately 'served' or given 'notice' with the pleadings in order for him or her to adequately prepare a response. If someone is purposely trying to avoid service, you may have to re-file your complaint and apply for an alternate form of service. If I can be of any assistance, let me know.
- Q. Mortgage fraud any good lawyers
- A: That's a pretty broad question and the answer that any attorney would give you is 'yes'. I think you'll need to be more specific with your question before you'll get a response. If it's not something you really feel like going into detail over in this forum, contact me and we can discuss it.
- Q. Can you overturn a conviction after incarceration and all is said and done with?
- A: All attorneys go to law school so that they can learn that the simple answer to any question is this: It depends. What you are asking about is called an expungement and it is possible given certain circumstances to get the convicting court to enter an order setting it aside. This isn't as clear cut as it would sound and hence the reason that the answer is 'it depends'. If you have not been convicted of more than 1 offense you can file an application with the convicting court to expunge this conviction from your record if you meet certain requirements. You also may be eligible if you meet these conditions if you have been convicted of not more than 2 minor offenses in addition to the offense you are applying for expungement. Unfortunately, I have to resort to the standard 'it depends' answer because Michigan's expungement statute bars a convicting court from setting aside certain felony convictions. If your conviction is for an offense for which you could have been sentenced to life imprisonment or an attempt to commit such an offense, then you cannot apply for an expungement. Sex offenses involving children, using a computer to solicit a minor for sexual purposes and some other sex offenses or a conviction for a traffic offense are also notable exceptions to the expungement statute. Provided your conviction falls within the guidelines of the statute however, you apply for an expungement. Once again, however, the 'it depends' answer comes into play again. You cannot apply for an expungement until at least 5 years following imposition of the sentence for the offense or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later. Provided you've met all of these conditions and the offense is not one exempted from the expungement statute, you may apply to the convicting court for an expungement. Even then the Court may ask for additional information. You could probably do this on your own, but it is kind of complicated and I wouldn't advise that you try it. If you want to discuss it further, by all means contact me.
- Q. My 18 year old just received a minor in possession for marijuana what type of charges can we expect
- A: The type of charges depend on the amount of marijuana your 18 year old had when he or she got caught. Marijuana is typically considered a schedule 2 controlled substance and ranks up there with heroin and cocaine in terms of its perceived severity. Based on what you've indicated, it would seem that the appropriate charge is for a relatively small amount and wouldn't implicate felony charges. In Michigan a first offense possession of marijuana is a misdemeanor and carries with it a possible one year jail sentence, maximum two thousand dollar fine, and a mandatory six month license suspension. A second possession offense takes on even greater severity. It is a felony and carries with it a 2 year maximum sentence and potentially a $4,000 fine and a mandatory 1 year license suspension. Where your 18-year old got arrested also matters. A first-offense marijuana arrest in a public park, for instance, is potentially a two-year felony. If you'd like to discuss this matter further please contact me.
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