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I just found out my exwife has a scheduled felony

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arraignment on Monday for three...
I just found out my exwife has a scheduled felony arraignment on Monday for three charges. She doesn't even know I'm aware of the situation. We have two minor children together and have joint physical custody (50/50). I am wondering if you can perhaps give me an idea if she will be facing any jail time to gage how it will impact the custody of my children. The charges are as follows:
Charge #1-750.227
Charge #2-(###) ###-####
Charge #3-(###) ###-####
I live in the state of Michigan
Thank you.
Submitted: 1 year ago.Category: Criminal Law
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3/19/2016
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,089
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The charges are for carrying a concealed weapon and DUI and operating on a suspended/revoked license. The concealed weapon charge is the felony punishable by up to 5 years. Without knowing the situation, I cannot tell you much other than in most of these cases the felony is dismissed in exchange for a plea on the DUI and operating on suspended license charge. As far as jail, if this is a first offense, jail time is rare, it is usually a suspended sentence and probation.
If she has a substance abuse problem, then this could impact custody though and it could be a basis for filing in family court for you to have custody changed and remove her custody rights based on her conduct being not in the best interests of the child.
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Customer reply replied 1 year ago
Thank you. Would it make a difference that she was booked on these charges all at once? DUI while license was suspended and carrying the concealed weapon?I actually filled a custody modification motion a few weeks ago, before I even knew about this situation.
Customer reply replied 1 year ago
Also, I do not know why her license was suspended originally whether it was a prior drinking and driving to some degree or something else. It could be a second offense in all reality.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Thank you for your reply.
No, it does not matter that she was booked on all of the charges at once. Her previous conviction record would matter and that is something that needs to be examined and would be considered by the court in determining whether or not she would do jail time or just get probation. .
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