Criminal Law Questions? Ask a Criminal Lawyer.
HelloWelcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard. Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive ratingI just need to know if this is for the state of MIchigan, please?
Yes it is the state of Michigan
The person is on probation already for the 2nd misdemeanor. So committing the ID theft while on probation would that mean there will be a continued probational period of more days over the first besides the fines or would it be then jail time besides the fine?
If serving jail time Medicaid will not pay for any medical nor prescriptions. This person has 3 ailments if not checked yearly can lead to cancer. The lawyer serving with this person stated that the Jail has medical services,,but concerned for the expert diagnosis inclusive colonscopy has to be done, MRI's and the prescription is $1200 per month without Medicaid help hence the scenario of this cost. Cant the state waiver this law and have Medicaid help this person?
Unfortunately, no. If they do it for one, then it has to be done for all. And so, I suggest that all this medical history needs to be brought up and discussed so that the court knows what they are up against and the needs the jail/prison will have to provide. It may be possible to have a home detention sentence, and that is something to discuss with his attorney
what is home detention sentence? is that a bracelet? will Medicaid cover for this type of set up?
this is good info about house arrest and need to talk to the person's lawyer to get a package together base on all the medical ailments probably getting the 3 diffeerent physicians to depict the diagnosis and what is needed so can be presented at the arraignment...plus what Rx needed that will help preventive medical scenarios. What does Arraignment mean? Is this the final decree or sentence or is this where you can plea bargain and present the case? Or is this mean a judgement declared?
Is this where when you plea bargain can present the bargaining idea of house arrest option due to the medical scenarios? Should this lawyer gather all needed in this medical package for the arraignment?
No. This is where a plea is entered, a court appointed attorney is requested if cannot afford a priviate attorney, a court hearing for trial is set.
The negoitions on the sentence, etc is done between the attorney and the DA after that and before the trial date
This person has already been assigned a court appointed Attorney. this person had a preemptive appearance. Then was declared a date later this month. The court appointed lawyer is figuring out a package to present at this later dated appearance as might be called arraignment...so I am confused.
so what is the preemptive appearance identifying as a preliminary examination before the judge?
this is where the judge gave the date later for this month to appear again already with assigned lawyer...and so forth.
The preemptive was when he was arrested, correct? And now there is an arraignment date
The preemptive appearance was 1 1/2 weeks later after committing to warrant for arrest via a letter. The later date which is mid week September is stated as an arraignment date. The assigned lawyer depicted that he wants to check all the police reports on the misdemeanors of stolen items from stores and any other info inclusive this ID theft, so he can present to this arraignment appearance the case for the accused. The accused admits alll the crimes. The lawyer is suggesting plea bargaining to avoid trial date; lowering jail time and what ever judge and DA and the People will devised. We are hoping minimal 6 months jail time OR NOW wished to advise about the house detention program due to too many medical issues. How can we get a hold of the lawyer...it is only when he calls, but he only called to tell of the arraignment date, and now we want to alert about the house detention venue and plea bargain for this venue due to the medical records....HOW do we get a hold of this lawyer?
Waiting for the call from the assigned lawyer...have his office number now. So we will proceed and thank you for helping so far.
I am assuming the free week has passed and will be billed the $54, but I do not understand how long this amount $54 last? a month? will I be billed monthly the $54 if and only if I used you for the month...I wished to curtail this monthly amount after one month is up. Please help me here.