Michigan Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Michigan Questions & Answers
Q: F2 (Wife's F1) to H4 (My H1) Change of status for kids!
Hector E. Quiroga's answer
Your kids’ COS applications are independent from their mother’s. Kids can remain in US. The best visa for her would be the B2.
Your kids’ COS applications are independent from their mother’s. Kids can remain in US. The best visa for her would be the B2.
Q: I was stopped because of move over violation. Did not get the ticket. Will he charge me because it is misdemeanor
Jasmine D. Rippy's answer
Failure to yield to an emergency vehicle is a misdemeanor in Michigan punishable by a fine of up to $500.00 and/or imprisonment for up to 90 days. If the officer didn’t give you a ticket, then you got a break.
Failure to yield to an emergency vehicle is a misdemeanor in Michigan punishable by a fine of up to $500.00 and/or imprisonment for up to 90 days. If the officer didn’t give you a ticket, then you got a break.
Q: A DEFENDANT CHARGED WITH FELONY MURDER (ARMED ROBBERY BEING THE FELONY) AND ALSO CHARGED WITH ARMED ROBBERY.
Jasmine D. Rippy's answer
Yes, this is possible. The jury found the defendant guilty of armed robbery but decided there wasn’t enough evidence for the felony murder conviction. If it was the other way around where the defendant was found innocent of the underlying felony, he couldn’t be found guilty of felony murder.
Yes, this is possible. The jury found the defendant guilty of armed robbery but decided there wasn’t enough evidence for the felony murder conviction. If it was the other way around where the defendant was found innocent of the underlying felony, he couldn’t be found guilty of felony murder.
Q: Mom mom is elderly and wants my name on her deed to her house that is paid for. Do we need to hire a lawyer for this?
Vincent Gallo's answer
Not if you know how to properly execute on the task without the aid of an attorney.
Not if you know how to properly execute on the task without the aid of an attorney.
Q: How do I get my felony expunged?
Jasmine D. Rippy's answer
To be eligible for an expungement in Michigan, you can only have one felony on your record and no more than 2 misdemeanors. Also, it must be at least 5 years since you completed your sentence. The expungement process entails completing an “application to set aside conviction” and filing it with the court where you were convicted of assault. In addition, you must send a copy of the application and a certified record of your assault conviction to the Attorney General, prosecutor and...
To be eligible for an expungement in Michigan, you can only have one felony on your record and no more than 2 misdemeanors. Also, it must be at least 5 years since you completed your sentence. The expungement process entails completing an “application to set aside conviction” and filing it with the court where you were convicted of assault. In addition, you must send a copy of the application and a certified record of your assault conviction to the Attorney General, prosecutor and...
Q: Wrongful termination lawsuit while employee is in process of bankruptcy?
Timothy Denison's answer
Not much if it is a total liquidation case. Depending on the circumstances, it may be non-dischargeable in bankruptcy.
Not much if it is a total liquidation case. Depending on the circumstances, it may be non-dischargeable in bankruptcy.
Q: How can this happen?? 26 yr old husband arrested on juvenile warrant
1 Answer
| Asked
in
Juvenile Law, Criminal Law and Civil Rights
for
Michigan
on
Answered on Aug 8, 2018
Answered on Aug 8, 2018
Jasmine D. Rippy's answer
People are charged with contempt when they fail to comply with a court order. The court can give you info on exactly why he’s being charged with contempt.
People are charged with contempt when they fail to comply with a court order. The court can give you info on exactly why he’s being charged with contempt.
Q: If a father and son get into a argument and end up in a minor fight and neither press charges what happens
1 Answer
| Asked
in
Criminal Law, Family Law and Federal Crimes
for
Michigan
on
Answered on Aug 8, 2018
Answered on Aug 8, 2018
Jasmine D. Rippy's answer
If police responded to the incident, they submitted a report to the prosecutor who decides whether or not to bring forth charges based on the evidence presented to him or her. There doesn’t have to be injuries for someone to be charged with assault or domestic violence.
If police responded to the incident, they submitted a report to the prosecutor who decides whether or not to bring forth charges based on the evidence presented to him or her. There doesn’t have to be injuries for someone to be charged with assault or domestic violence.
Q: This is located in Michigan! Is it legal? Can a case be made out of it?
Jasmine D. Rippy's answer
In Michigan, the age of consent to sexual contact is 16. Therefore, it is legal for a 16 year old to date a 28 year old as long as the relationship is consensual. However, if the 16 year old has sent sexual images the 28 year old, they could both face felony child pornography charges. If any of those images were sent over the Internet or through the use of a computer, they could be charged with using a computer to commit a crime, which would also be a felony in this case.
In Michigan, the age of consent to sexual contact is 16. Therefore, it is legal for a 16 year old to date a 28 year old as long as the relationship is consensual. However, if the 16 year old has sent sexual images the 28 year old, they could both face felony child pornography charges. If any of those images were sent over the Internet or through the use of a computer, they could be charged with using a computer to commit a crime, which would also be a felony in this case.
Q: I got caught shoplifting on camera multiple times but only caught physically once. What can I be charged with. Jail?
Jasmine D. Rippy's answer
You can be charged with retail fraud. The degree will depend on the value of the stolen goods. If the value of the property is below $200, it is 3rd degree retail fraud, which is a 93-day misdemeanor. If the value of the property is between $200-$1,000, it is 2nd degree retail fraud, which is a one-year misdemeanor. If the value of the property is over $1,000, it is 1st degree, which is a 5-year felony. If your record is clean, you will likely be placed on probation instead of jail time....
You can be charged with retail fraud. The degree will depend on the value of the stolen goods. If the value of the property is below $200, it is 3rd degree retail fraud, which is a 93-day misdemeanor. If the value of the property is between $200-$1,000, it is 2nd degree retail fraud, which is a one-year misdemeanor. If the value of the property is over $1,000, it is 1st degree, which is a 5-year felony. If your record is clean, you will likely be placed on probation instead of jail time....
Q: My best friend is in jail on a 10 thousand bond... for ethic intimation and assault and battery how is that possible 3am
Jasmine D. Rippy's answer
Your friend can hire an attorney or request a court-appointed attorney if he can't afford one. The attorney will be able to request that his bond be lowered and will help defend against those charges.
Your friend can hire an attorney or request a court-appointed attorney if he can't afford one. The attorney will be able to request that his bond be lowered and will help defend against those charges.
Q: My daughter and her boyfriend broke into our room and stole things...is there anything that can be done?
Jasmine D. Rippy's answer
You can contact police and show them the footage. The police will make a report and turn it over to the prosecutor to bring forth criminal charges. They could be charged with larceny and whether it’s a misdemeanor or felony will depend on the value of the stolen items and if they have any prior theft convictions.
You can contact police and show them the footage. The police will make a report and turn it over to the prosecutor to bring forth criminal charges. They could be charged with larceny and whether it’s a misdemeanor or felony will depend on the value of the stolen items and if they have any prior theft convictions.
Q: If i am on a co joint mortgage loan, with my now x girlfriend who pays nothing and doesnt live here. Can i claim aband?
Thomas. R. Morris' answer
Your question is incomprehensible. If you signed a promissory note to evidence your agreement to repay a loan, nothing in your question indicates that you have been relieved of liability on the note.
Your question is incomprehensible. If you signed a promissory note to evidence your agreement to repay a loan, nothing in your question indicates that you have been relieved of liability on the note.
Q: LLC using a virtual address instead of using home address
Thomas. R. Morris' answer
The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is not a legal question.
The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is not a legal question.
Q: When should I get a lawyer for charges over larceny of elderly personal property?
Brent T. Geers' answer
It would not hurt to talk with an attorney now, but certainly before you are called to answer to any Adult Protective Services worker or police detective.
It would not hurt to talk with an attorney now, but certainly before you are called to answer to any Adult Protective Services worker or police detective.
Q: My son's girlfriend is pregnant. He and his girlfriend are living with me. I am paying all of the bills. Both have full.
Brent T. Geers' answer
It really depends on a number of factors, but most importantly whether the state provides any support for the mother or baby (doesn't sound like it does as they both work). Your son, though, should seek some local legal advice about this situation as there may be-as crazy as it sounds-very valid reasons for why he should seek a support order.
It really depends on a number of factors, but most importantly whether the state provides any support for the mother or baby (doesn't sound like it does as they both work). Your son, though, should seek some local legal advice about this situation as there may be-as crazy as it sounds-very valid reasons for why he should seek a support order.
Q: Is the way I was treated legal
Brent T. Geers' answer
You'll need to answer the warrant by arranging to turn yourself in. How you do that depends on how your local court and jail does things. You'll then be able to address - through a lawyer - the circumstances that led to your arrest and charges.
Unless you do this, there is nothing you can do about what appears to be a policing matter. Please be aware that police can and often do make statements and promises that later turn out to be misleading or flat out wrong - that is not (typically)...
You'll need to answer the warrant by arranging to turn yourself in. How you do that depends on how your local court and jail does things. You'll then be able to address - through a lawyer - the circumstances that led to your arrest and charges.
Unless you do this, there is nothing you can do about what appears to be a policing matter. Please be aware that police can and often do make statements and promises that later turn out to be misleading or flat out wrong - that is not (typically)...
Q: My son turned 18 today. He lives with his mom in Missouri. I'm in Michigan. I've never seen him. Does my support end?
Brent T. Geers' answer
You should look on the Uniform Child Support Order for any particular provisions, but generally if he is still in high school, you'll continue support until he graduates or turns 19 1/2 years old. It makes no difference whether you've seen him.
You should look on the Uniform Child Support Order for any particular provisions, but generally if he is still in high school, you'll continue support until he graduates or turns 19 1/2 years old. It makes no difference whether you've seen him.
Q: My parents have custody of our children and now we want a divorce. Do we file for a divorce with or without children?
Brent T. Geers' answer
We would need to know more about the exact circumstance and reason why you say your parents have custody of your children. Is it by court order or simple agreement? The answer to that will determine how to file, but almost assuredly, you'll probably need to file for a divorce with children.
We would need to know more about the exact circumstance and reason why you say your parents have custody of your children. Is it by court order or simple agreement? The answer to that will determine how to file, but almost assuredly, you'll probably need to file for a divorce with children.
Q: Can a city ordinance officer walk on my lawn and look over my privacy fence into the back yard to give me tickets?
Brent T. Geers' answer
Your first call should be to the city's housing or code enforcement office, or whatever it's called where you live. Generally, I think a court would determine this officer's actions permissible. I doubt you'll get out of all this with a bare claim that he's trespassing.
Your first call should be to the city's housing or code enforcement office, or whatever it's called where you live. Generally, I think a court would determine this officer's actions permissible. I doubt you'll get out of all this with a bare claim that he's trespassing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
