Posts Tagged ‘ felony ’

Livingston County Substance Abuse Resources

If you are dealing with substance abuse, I would urge you to seek help from one of the many resources available to you in the Livingston County area. There are Substance Abuse many fantastic people and organizations out there that want to help and your chances of succeeding with help are far greater than alone.

Here is a list of some of the resources available to you for drug or alcohol related issues. In-patient treatment facilities are also available, but are more expensive. In some cases, funding may be available to you to enter one of these programs especially if a Judge is involved and has recommended a specific program.

Al-Anon

http://www.district15alanon.org/

Phone: 517-546-9350

Complete Counseling Center

http://www.mhweb.org/michigan/complete.htm

Phone: 517-546-4445

The Naz

http://www.thenaz.org/ministries/adults/celebrate-recovery

Phone: 810-227-6600

Livingston County Council on Alcohol and Substance Abuse

casaoflc.org

Phone: 585-243-9210

Community of Mental Health Services

http://www.cmhliv.org/

Emergency Services Phone: (517) 546-4126

Non-Emergency Toll Free Phone: (800) 615-1245

Remember to be kind to yourself and that there are people out there who want to help and know what you are going through.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
07/24
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Criminal
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Why isn’t everybody charged when an incident occurs?

This is a common question that many defendants ask when they are charged with a crime and others are involved, but not charged at the time.  The prosecutors office and/or the State of Michigan are the only entities that can charge somebody with a criminal offense and they get to use their discretion.  Sometimes they don’t charge all the parties because they want to target one specific crime or person.  This isn’t always fair and it upsets the parties but it can be done.  Sometimes the prosecutor will not charge someone with a crime because they want to use them as a witness in either the same incident or another case.  This helps their witnesses’ credibility if the case goes to trial.  It unfortunately is not always fair, but it can and is done on occasion by the issuing agencies.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/30
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Criminal
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What does it mean to go through quarantine?

As a general rule, if you are sentenced to a year or less you will remain in the local county jail.  If the judge sentences you to a year or more he can send you to prison.  When sentenced to prison the person will be sent to Jackson, MI where they will go through “quarantine.”

Quarantine is where the person is processed and classified based on several factors, including prior record, substance abuse issues, the length of the sentence and the crime convicted of.  Once the classification process is over, the Michigan Department of Corrections (MDOC) will send them to the appropriate prison somewhere in the state of Michigan.  The “quarantine” process normally takes approximately a month to complete before knowing exactly where the person will serve their time.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
06/13
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Criminal
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Why is there a no-contact provision on my bond and how do I get it lifted?

The most common reason for a no-contact provision is a domestic violence charge, however it can be placed on other similar charges.

In most cases, the no-contact provision can only be removed once the person you have been forbidden to contact goes to court and states the reasons why they want the provision lifted.

In the case of a spouse or significant other, a safety plan must be created through LACASA. This is a form that outlines the steps that will be taken if there is any type of threat or violence that would happen in the future.

Most judges are reluctant to lift  no-contact provisions, but they will  listen to a modification prior to the case being resolved.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/25
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Criminal
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Who has the authority to file the actual charges against me in a criminal case?

The local Prosecutor’s office is the only person who can charge you criminally. The local police’s role is to conduct the investigation and then bring the respective police report and other documentation to the Prosecutor’s office for review. The local police do not have the authority to file charges.

The prosecutor will then review the file and issue the appropriate charges against you.

The police do not have the authority to barter with anyone in exchange for not charging you with a crime or reducing the charges against you. The only exception to this is if they have already contacted the Prosecutor’s office, which is very rare.

If contacted by the police, my advice is to contact an attorney to obtain the necessary legal advice prior to speaking with them.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/03
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Criminal
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What is the difference between retail fraud and larceny?

Larceny and retail fraud are similar in that the person is allowed to be on the premises, but something has been taken without permission.

Retail fraud can be classified as either a misdemeanor or a felony depending on the amount stolen and involves stealing from a store that is open for business. It can also include  someone who tries to switch prices on items or tries to get a refund from a store when it is not warranted.

Larceny is when something is stolen from a home or residence. Different charges apply when someone enters a retail store or home without permission.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
03/28
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Criminal
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Why does it take so long to get charged? The incident happened months ago.

This is common practice in criminal proceedings and the following are the most frequent causes of delays:

1.  Labs:  If it is a drug or alcohol-related case the prosecutor will send either the blood sample or the alleged drugs to the state laboratory.  This process can take months to get back due to budget cuts with the state of Michigan during the last couple of years.  As a general rule, the prosecutor’s office will not file charges until the labs are back.

2.  Investigation:  In some situations, it may take a while for the officer in charge (OIC)  to write his police report and submit it to the prosecutor’s office.   The prosecutor must then decide whether or not to formally charge you with a specific crime.   A common misconception is that the police officer has the authority to charge someone, which  is not the case. It is the prosecutor who has the power to charge someone criminally.

3.  Co-defendants or multiple incidents: In situations or cases that involve co-defendants, the prosecutor will wait until all the information against all parties is complete. If one of the defendants is involved in a separate investigation that has pending charges, the prosecutor will wait to bring charges against this person until the other case has proceeded.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
02/20
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Criminal
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What is a PDI (Predisposition Interview)?

PDI stands for Pre-Disposition Interview. It is a common plea agreement in Livingston County whereby the Defendant pleads guilty as charged and then goes to probation for an interview.

The probation department then prepares a report based on the interview and gives recommendations for the Defendant’s sentencing.   A couple of weeks after the probation interview the Defendant is sentenced in front of a Judge.

The Judge will read the probation report and the attorneys will argue for their respective clients. The Judge will then sentence the Defendant at which time they have the opportunity to either accept or reject the sentence and can proceed to trial.

A PDI gives the Defendant a look at what the Judge was going to give for his sentence and the opportunity to withdraw his plea and proceed to trial.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
01/19
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Criminal
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What happens if I violate my probation? Will it have effects on my original sentencing?

A probation violation is treated differently than the underlying charge that placed you on probation in the first place.

If you violate your probation, you must first be arraigned for the new offense and then a hearing will normally be set within 14 days.

At the hearing you can either plead to the violation or have a new hearing set for the probation violation.

Because you are already on probation and many of your rights are limited or have been reduced as a result of being on probation, the rules of evidence are not entirely applicable during the new hearing.

The prosecution now must only prove that you are more than likely guilty than not compared to proving that you are guilty beyond a reasonable doubt.

Please don’t hesitate to contact me if you have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/20
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Criminal
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I am confused about my bond and what exactly I am required to do.

This is a frequent concern for people who have never been in trouble with the law. Livingston County is notorious for their strict bond conditions.

You will need to review the conditions of your bond to ensure you are in compliance, as the requirements will vary depending on the crime.

Normally you will have to either drug or alcohol test as a condition of your bond and make sure that you have ample proof that you are complying with those conditions.

There are two main places where you can sign up for your testing requirements which are Second Chance Support Network and Garry Flanary & Associates.

Our office will go over your bond forms with you to ensure compliance, assist in getting signed up for alcohol or drug testing, and guarantee you have the  appropriate documentation to provide to the Judge in Court.

Bond conditions are in effect until the date of sentencing.  This means that if you have testing that it will continue until you are sentenced or the Judge amends your bond conditions during a court proceeding.

Please don’t hesitate to contact me if you have any questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/07
CATEGORY
Criminal
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