Legal Question in Criminal Law in Michigan

I live in MIchigan. The State Police visited my husband with some questions and said they were sending some things to the Lab, and they would be in touch. We have heard from the grapevine that they are to file charges on Thursday, 12/02/10. Does this mean they will come and arrest him the same day/ Aslo, will they have probable cause to search the premises, or will they just take him? I am worried about our oldest son whoi is 21, but suffered a severe TBI back in 2007. He and his dad are close, and I am not sure how he will react?


Asked on 12/01/10, 9:31 pm

2 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

They will probably get a warrant and ask him to turn himself in voluntarily. Contact a criminal defense attorney.

Visit us at www.hajjilaw.com

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Answered on 12/07/10, 2:56 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If a charge is issued, an arrest warrant goes a long with that.The agency might try to get the person to come to court on his own, though, but could theoretically go out and find him and haul him in without warning b/c the arrest warrant tells the police to do just that: go get 'em and bring 'em in. But an arrest warrant does not give authority to perform a general search of property even while they are arresting the defendant. So they'd need a separate search warrant order to search property ... and it has to be based on recent (non-stale) probable cause evidence that it's likely that evidence or contraband will still be fund at that location.

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Answered on 12/07/10, 8:03 am


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