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Home invasion first degree in Michigan is a felony. Is there

a way we can fight...
Home invasion first degree in Michigan is a felony. Is there a way we can fight it and get it dismissed in pre-liminary?
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Answered in 7 minutes by:
10/2/2008
Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience: Attorney since 2003; Public defender for 30+ months with daily courtroom experience
Verified
HelloCustomer Sorry to hear about your boyfriend.

In most jurisdictions, preliminary hearings are used before a person is indicted to ensure that the state had probable cause to arrest him. It is to ensure that no mistakes were made in the arrest (for instance, if he were a tenant on the lease of that apartment, then being in the apartment could not be home invasion . . . that kind of issue can be addressed).

Mostly it is a narrative by the police to the judge regarding what evidence he found during his investigation that leads him to believe your boyfriend committed the crime.

More often than not, he will be held over for indictment, with the possibility of a bond reduction if his attorney requests one (sometimes the judge will hear a motion for bond reduction at time of hearing, because everyone is already in the same place to have it).

I suggest he gets an attorney, or applies for a public defender if he cannot afford one. And also tell him not to speak to anyone at the jail, and not even speak to you about his case. It can only hurt him to talk to anyone but his attorney at this point!


If you have found this information helpful, please click Accept below, as it is the only way I get credit. I'll be happy to answer any follow up questions you may have, even after you accept.

Thanks!

Aaron
Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience: Attorney since 2003; Public defender for 30+ months with daily courtroom experience
Verified
Aaron Paul and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 9 years ago

Aaron,

I accepted answer and greatly appreciate your help.

Now, you said something about not speaking to anyone. Someone came to the jail today and showed him statements and the case file. It wasn't his lawyer. What could that be about, and could that be something to harm the case?

Kourtney

Maybe! Nothing good can come of him speaking to anyone but his attorney!

If it were someone from the public defender's office, like an investigator, that would be okay, but the only person he should be talking to is his attorney.

Call the public defender in Port Huron tomorrow and make sure they know that he needs an attorney. It's the best thing you can do for him.

Take care,

Aaron

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Customer reply replied 9 years ago

He has an attorney. I'm going to his office in the morning.

One last question, I was re-reading your last message. You said if he lived in the apartment building it wouldn't be home invasion.
He lived in the apartment with me and my two friends before he was put in jail. He still has the dead bolt key and the hallway key. Would that make for a point in the case?

I would bring it up to his attorney, but it sounds like he is being charged with unlawfully entering the other person's particular apartment, not the complex itself. There is a huge difference between being invited to use the common parts of a complex and actually entering a person's private apartment.

Take care,

Aaron
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Aaron Paul
Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
41 Satisfied Customers
Experience: Attorney since 2003; Public defender for 30+ months with daily courtroom experience

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