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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116816
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I just found out my exwife has a scheduled felony

Customer Question

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: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
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.
Customer: 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: 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.
Expert:  Law Educator, Esq. 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. .