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I have a couple questions about a charge I recieved. I live…

Customer Question

I have a couple...

I have a couple questions about a charge I recieved

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I live in Michigan, the charge was in Elkhart City, Indiana

Lawyer's Assistant: What steps have you taken so far?

I was charged with a public intox. They didn't give me a bond for two days, then didn't get me in front of the judge for almost 2 weeks. The judge gave me a fine, 12 months probation, 2 days in some work program. I told the judge I live in Mid-Michigan, almost 3 hours away and he said they don't transfer probation so figure it out. I was suppose to be released that day. Well, they said they lost the paperwork, which I saw the cop hand it to the corrections officer, and held me for 3 more days. Even though I had my paperwork they said they don't care, they need the copy from the court. I told them this is, they said the white copy. My family started calling, the corporal and Lieutenant were frantically trying to reach the city clerk and judge to get someone to get to the courthouse and get the paperwork. I guess they must have cause on a Sunday morning they released me. I get back to Michigan and call the PO and tell him what happened and I want something done about it, dismiss probation, fines the 2 days work program something. He laughed and said if I don't show up for probation there would be a warrant put out for me. I thought oh well I live to far away. Then I get to thinking, I am a professional and I dont need this hanging over my head. So, I would like to know what I should do, can I do anything about them holding mee 3 days after the order from the judge said release me.

Submitted: 4 years ago.Category: Legal

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Answered in 23 minutes by:

8/26/2018

Lawyer: Zoey, JD, Attorney replied 4 years ago

Zoey, JD, Attorney

Category: Legal

Satisfied Customers: 55,451

Experience: Active member of the NYS bar since 1989

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Hi,

I'm Zoey.

I've reviewed your post.

Lawyer: Zoey, JD, Attorney replied 4 years ago

You can talk to a local civil lawyer/civil rights lawyer and explore the possibility of a suit for wrongful detention since you were held without good cause for 3 days when you should have been released.

That won't, however get you off of the hook with probation. If you fail to report and do what's expected of you as the terms of your negotiated plea, a warrant will issue for your arrest. Then you may not have to worry about probation, but you may instead have to worry about serving your sentence in jail.

As far as getting your case dismissed, by taking a plea you gave up the right to challenge the evidence against you or to negotiate a disposition more to your liking. You would need a basis under the law to gry to get your plea back. "Buyer's regret" isn't one of them. It's very difficult, most frequently impossible, to reverse a negotiated plea agreement. But if you got your plea back, you'd still have your case to deal with, which would probably mean taking it to trial.

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