Questions Answered by Hillard Fried

Q: Does our justice system convict people fasley even when they know there innocent

1 Answer | Asked in Criminal Law for Michigan on
Answered on Apr 3, 2011
Hillard Fried's answer
Though our American justice system is the envy of the world, it sometimes happens that innocent people are wrongly convicted. Erroneous convictions are inevitable because people weigh the evidence and people make the decisions. In recognition of the fact that no human system is ever perfect, the law grants us numerous avenues for post conviction review.

In Michigan a convicted felon may file various post conviction motions in the trial court. Moreover, the defendant may appeal to the...

Q: Workplace back injury 9 years ago. Been through rehab, 2 surgeries since. Company now bankrupt- can I still seek comp?

1 Answer | Asked in Personal Injury for Michigan on
Answered on Apr 3, 2011
Hillard Fried's answer
Generally, workers compensation benefits are paid by an insurance company (self funding is a possibility, but there are legal safeguards in that scenario as well). Accordingly, even if the company for which you worked declared bankruptcy, if your condition and circumstances warrant payment, then the insurance carrier may be required to cover you.

Q: I was injured on my job and was awarded WC and SSDI. My employer' s actions caused me to develop RSD/CRPS. How can I sue

1 Answer | Asked in Personal Injury for Michigan on
Answered on Apr 3, 2011
Hillard Fried's answer
If your injury arose out of and in the course of your job, and you were covered by workers compensation insurance, and no "third-party" outsider (a person not working for or partnering with your employer) contributed to your injury, then workers compensation is the exclusive remedy.

Q: How does a spouse recant testimony regarding sexual abuse which landed their significant other in prison?

1 Answer | Asked in Family Law for Michigan on
Answered on Jan 13, 2011
Hillard Fried's answer
It is possible for a lawyer to make a motion for a new trial based on newly discovered evidence—that being a recanting witness. If the court granted that motion, a new trial would be convened, and you would be called the the witness stand. The lawyers for the parties would cross examine you about your previous testimony. If the jury believed you, the defendant might be found not guilty. After the trial, the prosecutor would probably charge you with perjury, a serious felony. If the jury...

Q: I am below poverty and can't afford an attorney ... cps is threatening to take my children away ... what do i do ???

1 Answer | Asked in Family Law for Michigan on
Answered on Jan 13, 2011
Hillard Fried's answer
When the government seeks to terminate your parental rights through the courts, the court must appoint a lawyer to represent you—if you are financially unable to retain one. Assuming that you are indigent, you should notify the court in writing, immediately.

Q: My fiances ex-wife was given 6 months to get the house out of his name and has not made any effort.

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Jan 10, 2011
Hillard Fried's answer
Your fiancé should file a motion to enforce the judgment. If the judge grants the motion, he may order the ex-wife to take action within a specific time frame or face monetary sanctions.

Q: Is there a statue of limitations on serving a summons and complaint on a credit card i had back in july of 96?

1 Answer | Asked in Collections for Michigan on
Answered on Jan 10, 2011
Hillard Fried's answer
In Michigan the statute of limitations for breach of contract is 6 years. If the contract provided for installment payments, and the most recent breach was more than 6 years ago, that breach and all previous breaches are outside of the statute of limitations. Consequently, if the creditor sues you for those deficiencies, the court would be compelled to grant your motion to dismiss the plaintiff's case.

Q: W do i fill out notice of hearing motion

1 Answer | Asked in Uncategorized for Michigan on
Answered on Jan 10, 2011
Hillard Fried's answer
You draft the notice of hearing at the location of your choice. You would file it in the court clerk's office, either electronically (if the court requires that method) or by regular mail - if the court requires original hard copies. The latter courts also accept manual filings.

Q: What type of Lawyer would be used in both Federal Civil Suit and interstate criminal filings?

1 Answer | Asked in Uncategorized for Michigan on
Answered on Jan 10, 2011
Hillard Fried's answer
For the federal civil case, seek a lawyer who has experience in federal civil practice. For the federal criminal case, seek a lawyer who is experienced in federal criminal practice.

Q: I was hurt in Alabama but I reside in Michigan do I need a Alabama Lawyer to help with workmans comp settlement

1 Answer | Asked in Workers' Compensation for Michigan on
Answered on Jan 10, 2011
Hillard Fried's answer
Assuming that you were working for an Alabama employer, generally, you would need to submit a claim for Workers Compensation benefits in Alabama.

Q: Tell me that a bussiness can not hold me accountable for a loan put in my account without sending me information.

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Jan 7, 2011
Hillard Fried's answer
A necessary element of every contract is mutual assent. If you were completely unaware of this loan and never agreed to accept it or to pay it back, you are not bound by the terms of the transaction. Under principles of both law and equity, however, you may be required to restore the money if it was transferred to you by mistake, accident or fraud. Moreover, if you orally promised to pay back the funds and the lender transferred the money to you in reliance on your statement, you may have...

Q: Am I able to terminate Freedom Debt Relief program without penalty?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Jan 7, 2011
Hillard Fried's answer
That would depend on the terms of your contract and any applicable laws which regulate those transactions. For a more precise answer, you should submit your contract to a lawyer for review.

Q: I'm being sued for credit card debt. If I bought something online and made monthly payments, can the purchase be traced?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Jan 7, 2011
Hillard Fried's answer
If you made purchases online with your own credit, which bears your name, certainly the purchase can be traced - because the vendor submits payment to the credit card company and that company executes the transaction.

Q: Original loan was for $80,000 I paid $130,000 over 13yrs, why am i still being sued for "deficiences"?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Jan 7, 2011
Hillard Fried's answer
Even if you re-paid more than the original loan amount, additional money may be due and owing for costs, fees, penalties and interest. The bank's 'bailout' money will not reduce your debt because, theoretically, that money was loaned to the banks and must be repaid. Nor was it paid on your behalf. You have a right to receive and itemized bill. Once you obtain that document, contact a lawyer for a more precise answer. After reviewing the records, and lawyer may be able to resolve the problem for...

Q: Can the judge revoke my bond because he thinks my testimony is false

1 Answer | Asked in Criminal Law for Michigan on
Answered on Jan 7, 2011
Hillard Fried's answer
A condition of every bond is that the defendant not violate any criminal law. At worst, knowingly providing false testimony in court is perjury—a serious crime. At best, it is 'contempt of court', a violation for which the judge may sentence you to jail. Since the judge may impose jail time for that variety of contempt of court, it is regarded as a "quasi-criminal" offense. If the judge found that you had knowingly offered false testimony, therefore, he would be within his rights to revoke...

Q: Can the judge revoke my bond because he thinks my testimony is false

1 Answer | Asked in Criminal Law for Michigan on
Answered on Jan 7, 2011
Hillard Fried's answer
A condition of every bond is that the defendant not violate any criminal law. At worst, knowingly providing false testimony in court is perjury—a serious crime. At best, it is 'contempt of court', a violation for which the judge may sentence you to jail. Since the judge may impose jail time for that variety of contempt of court, it is regarded as a "quasi-criminal" offense. If the judge found that you had knowingly offered false testimony, therefore, he would be within his rights to revoke...

Q: How can insurane company file claim aganist deceased person and two living persons it said acounts receviable

1 Answer | Asked in Civil Litigation for Michigan on
Answered on Jan 5, 2011
Hillard Fried's answer
Our legal system is based on English common law. Back in merry old England, a person’s claims and even most of his obligations were extinguished at death.The common law approach made some sense, in that the dearly departed do, in fact, lack the capacity to own, manage or handle anything. On the other hand, the rule conferred an undeserved windfall on the decedent’s heirs—that being erasure of their benefactor's liability.

In its pursuit of a more perfect form of justice, the...

Q: What michigan statute protects a dog owner if their dog bit someone

1 Answer | Asked in Animal / Dog Law for Michigan on
Answered on Jan 5, 2011
Hillard Fried's answer
In the typical personal injury claim, the injured party must prove that the party who caused the mishap was negligent. If the injury victim fails to prove negligence, he loses.

In contrast, the victim of a dog-bite is not required to prove negligence. That is known as “strict liability”. Thus, the victim needs only to establish that a dog attacked him, that the victim was injured, that his injuries and losses are compensable and that the defendant in the law suit owned the dog at the...

Q: I live in michigan I plead to accessory after the fact to a felony I want to get this felony expunged how long do I hav

1 Answer | Asked in Criminal Law for Michigan on
Answered on Jan 5, 2011
Hillard Fried's answer
A statute provides that a person convicted of one and only criminal offense may file a motion to set aside that criminal record. The process is commonly known as "expungement". Certain convictions may not be expunged. Those include crimes punishable up to life in prison, convictions for criminal sexual conduct in the first, second and third degrees plus assault with intent to commit certain versions criminal sexual conduct. Nor may traffic convictions be expunged. Certain criminal offenses...

Q: Can I keep my house and still file for bankruptcy?

2 Answers | Asked in Bankruptcy for Michigan on
Answered on Dec 31, 2010
Hillard Fried's answer
Under certain circumstances, you may file bankruptcy yet keep your residence. Bankruptcy law provides that a certain amount of your home equity is exempt from the claims of creditors. Thus, if your property is subject to a mortgage or other lien, and you are current on the related installment payments, and your equity does not exceed the statutory exemption amount, as a practical matter, you should be able to retain your residence.

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