• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Back for another kick in the ass!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

Dear Yvette

Guest
I have a Show Cause hearing for probation violation in Michigan. I can't affored to bring my lawyer into court with me again. Will one be appointed to me? Just exactly what is a "Show Cause" Hearing anyways? Also will they haul me off to jail after this paticular hearing or do I get time to get my affairs in order? Thanks
 


I AM ALWAYS LIABLE

Senior Member
Dear Yvette said:
I have a Show Cause hearing for probation violation in Michigan. I can't affored to bring my lawyer into court with me again. Will one be appointed to me? Just exactly what is a "Show Cause" Hearing anyways? Also will they haul me off to jail after this paticular hearing or do I get time to get my affairs in order? Thanks

To Other Readers of This Thread:

For background concerning what has gone on before this latest post by "Dear Yvette", please click on and read this thread, first.
https://forum.freeadvice.com/showthread.php?threadid=65667


My response:

This time, I'm ensuring that should you delete your post and my responses again, that they re-appear. I want others to learn from your mistake, and when you delete your posts, others are doomed to repeat your history. So, just in case you delete this post, I've made a copy, and "bingo, bango, bingo", it will be back on the Board !

Anyway, if you can't afford your own attorney, one will be appointed for you at the hearing - when you inform the judge. Or, you can represent yourself.

A "Show Cause" hearing is required by law to give you an opportunity to defend against the immediate charges against you, or to give some excuse for why it happened; e.g., there was something wrong with the test, or that your Constitutional Rights were violated in the latest arrest. It is not a trial. There will be no jury. It is a hearing based upon your "contempt of court" for disobeying the prior court orders that you will not violate the laws of Michigan - - which you did by coming up "dirty".

The judge MIGHT give you time to confer with counsel before the hearing begins and to proffer any defense(s) you might have. If you don't have any defense that requires a hearing on those defenses, and does not require testimony by your latest accuser (the test taker), then it's off to jail you go.

If the judge feels that you're "worthy" of bail, and the D.A. doesn't believe you're a "flight risk", then bail will be set and a date for you to surrender yourself. If that's the case, then you'll be able to "get your affairs in order" before it's curtain time.

Good luck to you.

IAAL



[Edited by I AM ALWAYS LIABLE on 06-30-2001 at 03:29 PM]
 
D

Dear Yvette

Guest
Your advice has helped me out alot!

Thanks alot again IAAL. I have joined an intensive outpatient rehab program for my drug addiction and have been off drugs for 2 weeks. Is my addiction problem and the fact that I am trying to recover from it considered a defense on my part?
 

I AM ALWAYS LIABLE

Senior Member
My response:

Simple answer - - No. That's not a defense. It may be considered a post-mitigating circumstance, and might go in your favor to reduce your eventual sentence. That's a big "MIGHT". However, if the judge is a conservative, then the judge might feel that 4 to 6 months behind bars should be enough time for you to "kick" your habit, and clean out your system.

A defense would be something along the lines of your Constitutional Rights being violated, or that the Test was somehow tainted, or incorrectly administered, or incorrect in its result. These are longshots, believe me. An even bigger long shot would be that your "accuser" (the person who gave you the test) would not be there at your hearing. Then, by Constitutional law, the judge MUST dismiss the Order to Show Cause and release you from custody or further actions against you - - for this one, single, transgression.
Don't count on that happening.

Plan on going bye-bye.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-30-2001 at 03:16 PM]
 
D

Dear Yvette

Guest
Damn your good

Ok. That all makes alot of sense. I really screwed up and should have been able to get through my probation time. "Don't do the crime if you can't do the time" That is my favorite little qoute now and I am living proof of that! This I am sure is probably a long shot also, but is there any chance of me getting maybe house arrest with one of them electronic monitoring devices? Who is eligible for something like that? I think it is really screwed up to put someone in jail with a drug problem! That is not going to help me with my problem at all sure I'll have 4 to 6 months to get my system cleaned out, but will be back out with all the same issues!
 

I AM ALWAYS LIABLE

Senior Member
My response:

It's really doubtful for a drug offender to obtain "house arrest" only because you can't be trusted, and because other people can "visit" you to give you drugs. So, that's not going to happen for you.

Of course you'll have the same issues. The court realizes that. That's why you'll be back on probation; but, this time, you'll be court-ordered to live in a drug rehab house or Center. That's where you'll be living, and be tested daily. Your every movement will be monitored. You'll be told to do everything, from when to wake up, to when you can use the bathroom, to when to eat, to where to sit, and every other aspect of your life. You'll be searched at least 5 times per day.

Privacy ? There's no privacy. There's no freedom. This will be your own corner of hell while you kick the rest of your habit. There will be LOTS of counseling to assist you from the depths of hell so you can re-establish yourself in regular society.

Every time you violate probation, the penalties increase geometrically. And so do your costs and expenses. Who do you think is going to be paying for your drug rehab ? Me ?

IAAL
 
D

Dear Yvette

Guest
Allright. I have a much better understanding now of what is going to happen to me and that has put my mind at ease somewhat thank you. Sort of ironic that this is happening to me so close to Independence Day now I know the true meaning of this upcoming holiday. "It's not about the fireworks it's about the freedom" and I'm about to lose mine.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Truer words have never been spoken.

But, our Freedom Fighters, the Minutemen, and their families, who died for our freedom and Rights were not drug users. Benjamin Franklin, George Washington, and the rest of the Continental Congress, who signed our Declaration of Independance are probably rolling over in their graves, just listening to you.

And, they're probably whispering to each other, "Did we do all of this for this Shmuck ? "

IAAL
 
D

Dear Yvette

Guest
Hahaha yes, but were there even the drugs that we have in our society today for them to become drug users? NO! Look at our leaders of today ......for god sakes our PRESIDENT has used cocaine!
 
R

rmharvey

Guest
drugs

Well actually drugs did exist at that time and it is known that Ben Franklin did use them, well at least the surgeon general believes tobacco is a drug.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Benjamin Franklin said of himself, "I've never snuffed, chewed, or smoked."

Please reference the June 2001 issue of Smithsonian Magazine, p. 116, column two.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top