Impossible to determine without a complete review of the facts. Did someone allow the cop to enter? Where was everyone standing or sitting when the police first arrived? What was said and by whom? There are situations where this would be permissible, and other situations where it would not.... View More

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all... View More

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge... View More

I'm unsure two wrongs make a right here for you as the parents. The store is wrong for selling liquor without carding (assuming they did not in fact card the minor; how would you know that to be a fact?). The minor is also wrong for making the purchase.

More to the point, I think you... View More

Under the facts as you present them, probably not. The question is what did Friend 1 actually do? It doesn't sound like he would even know whether a deal went down in the time he was out of the car.

Where Friend 1 would get in trouble is when police get Friend 2 and say "we know... View More

I'm not sure you'll get a dismissal with prejudice under these facts. But I'm also not sure why the prosecutor relied on email to serve this subpoena....it seems to me the judge should be having some words with the prosecutor about going through voir dire without confirming service.... View More

Here's the thing: ordinarily, intervening criminal activity (e.g., the car being stolen) would relieve you of liability for damages. However, when you rent a car, you are signing a contract making you responsible for that car. When you let someone else use the car, Enterprise will likely hold... View More

There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.

Think of it like a credit report: Just like Equifax or whichever credit reporting agency... View More

"...if you don't read anything more into it". In the law, there is always more to read into it.

Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or... View More

I don't think MCL 15.243 protects you here. You're requesting a copy of a report made upon your complaint. If this relates to a criminal allegation, I don't see how you could remain anonymous, unless you reported this through Silent Observer.

Think about it from the other... View More

Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?

Best practice in the future would be to only allow access... View More

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to... View More

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More

You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More

Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.

Appeals are terribly... View More

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this... View More