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I think i may need criminal. but this is a embarressing one.

Customer Question
I think i may...

I think i may need criminal. but this is a embarressing one. My husband had cops called as he had concealed weapon in the car. I went and took it from him. He apparently told someone he was going to shoot me.....but I am the one who took it. the cops did come and take the weapon which did had a round in the chamber. however it is that way because it is in my home in the drawer for safety. of course he did go to jail today. however I dont know what to do now/

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

The charge they told me today as this happened today was carrying a concealed weapon without a permit no court date yet , he just sees the judge tomorrow

Lawyer's Assistant: In what state did this occur?

Michigan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all

Submitted: 27 days ago.Category: Criminal Law
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Answered in 3 minutes by:
3/25/2018
Criminal Lawyer: RobertJDFL, Lawyer replied 27 days ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,620
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Criminal Lawyer: RobertJDFL, Lawyer replied 27 days ago

Good afternoon,

I'm assuming from what you wrote that your husband is on no bail status until he sees the judge tomorrow. There's really not much you can do for him, as he's now in the criminal court system. The first appearance tomorrow is nothing more than a quick court hearing in front of the judge, his arraignment.

During an arraignment, the charges against the defendant are read to him/her. At this time, the defendant has the opportunity to enter a plea to the charge and is advised of the right to an attorney, a jury trial, and a pretrial examination. The judge will then set bail to ensure that the defendant will appear in court. For a circuit court felony or misdemeanor, a preliminary examination will be scheduled within fourteen days of the date of arraignment. Since he has not heard any evidence against him and the burden of proof is on the state to prove his guilt, he should enter a not guilty plea. The whole thing lasts 10-15 minutes.

The priority here is for your spouse to get bailed out as soon as possible and get legal representation. Without knowing what kind of evidence the prosecution has, it's impossible to say what, if any defenses he may have (once he has a lawyer, they can request that the prosecutor's office turn over any evidence and names of witnesses). The police didn't actually see a concealed weapon, so absent some other proof, he may have a good defense to this.

If the evidence against him seems strong, then a lawyer could negotiate with the prosecutor for a plea to reduce the charge or penalties against him. This is all a process though, it can take months to resolve, and certainly won't be worked out tomorrow.

Please let me know if I can clarify anything or provide you with additional information. Thank you.

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Criminal Lawyer: RobertJDFL, Lawyer replied 27 days ago

Good afternoon,

I'm assuming from what you wrote that your husband is on no bail status until he sees the judge tomorrow. There's really not much you can do for him, as he's now in the criminal court system. The first appearance tomorrow is nothing more than a quick court hearing in front of the judge, his arraignment.

During an arraignment, the charges against the defendant are read to him/her. At this time, the defendant has the opportunity to enter a plea to the charge and is advised of the right to an attorney, a jury trial, and a pretrial examination. The judge will then set bail to ensure that the defendant will appear in court. For a circuit court felony or misdemeanor, a preliminary examination will be scheduled within fourteen days of the date of arraignment. Since he has not heard any evidence against him and the burden of proof is on the state to prove his guilt, he should enter a not guilty plea. The whole thing lasts 10-15 minutes.

The priority here is for your spouse to get bailed out as soon as possible and get legal representation. Without knowing what kind of evidence the prosecution has, it's impossible to say what, if any defenses he may have (once he has a lawyer, they can request that the prosecutor's office turn over any evidence and names of witnesses). The police didn't actually see a concealed weapon, so absent some other proof, he may have a good defense to this.

If the evidence against him seems strong, then a lawyer could negotiate with the prosecutor for a plea to reduce the charge or penalties against him. This is all a process though, it can take months to resolve, and certainly won't be worked out tomorrow.

Please let me know if I can clarify anything or provide you with additional information. Thank you.

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