Article here.
GRAND RAPIDS, MI - The local NAACP says Grand Rapids police used
excessive force in the controversial handcuffing of an 11-year-old girl
at gunpoint while searching for a stabbing suspect.
"The officers involved violated Honestie Hodges' Fourth Amendment
Constitutional right, in addition to using excessive force," the Grand
Rapids branch of the NAACP said in a statement.
Tuesday, December 19, 2017
Wednesday, November 29, 2017
Michigan news: Roadside testing to include drug testing (if impairment is suspected)
But is it accurate? Answer unclear, ask again later.
The pilot program is expected to last for a year. If a driver is suspected of impaired driving, a specially-trained officer can use a handheld device to test that person's saliva for the presence of certain drugs.
Drugs that can be tested for include amphetamine, benzodiazepines, marijuana/cannabis, cocaine, methamphetamine and opiates.
Article here.
The pilot program is expected to last for a year. If a driver is suspected of impaired driving, a specially-trained officer can use a handheld device to test that person's saliva for the presence of certain drugs.
Drugs that can be tested for include amphetamine, benzodiazepines, marijuana/cannabis, cocaine, methamphetamine and opiates.
Article here.
Tuesday, November 28, 2017
Marijuana law update: possible ballot proposal for 2018 to legalize marijuana for recreational use
Have you been asked to sign the petition?
If approved, the petition would legalize personal possession, cultivation, and use of limited amounts of cannabis for adults 21 and older and license marijuana-related businesses. The petition also calls for testing and safety regulations for retail marijuana, legalizing cultivation of industrial hemp and taxing marijuana with a 10 percent excise tax and 6 percent sales tax.
Article here.
If approved, the petition would legalize personal possession, cultivation, and use of limited amounts of cannabis for adults 21 and older and license marijuana-related businesses. The petition also calls for testing and safety regulations for retail marijuana, legalizing cultivation of industrial hemp and taxing marijuana with a 10 percent excise tax and 6 percent sales tax.
Article here.
Monday, September 11, 2017
Q: What's an evidentiary hearing? The judge just ordered that at my motion yesterday
Q: What's an evidentiary hearing? I was in court yesterday for a motion, and the judge ordered that my husband and I get a date for an evidentiary hearing. I have no idea what that means.
A: An evidentiary hearing is a mini-trial on one issue in a case. It sounds like you may be in a divorce case, so I assume that you and your husband will have a chance to show what "evidence" you have to plead your case.
This might be about custody after the divorce, for example, so this means that you would need to bring (and/or request the other side to bring) evidence to court to show whether custody should be shared, or joint custody. The judge (or a referee, perhaps) will listen to the evidence, perhaps the testimony of the parties, and whoever else the parties might bring to testify. At some point (not necessarily at the hearing), the judge will issue an opinion (another word for his or her decision on this issue), which will be binding on this issue in this case. ** if it is about custody, focus your thinking on the best interests of the child factors, which can be found here:
I highly recommend that you do some discovery in advance of the hearing. If this means hiring an attorney, so be it, because you will only get one shot to make your case. If you aren't prepared for the hearing, and you try to appeal a decision, the appeal can easily be shot down if it's shown that you could have presented the same evidence at the hearing.
Discovery would be gathering evidence you need, either from your own records, or from the husband's records. For example: custody factors include the mental and physical health of the parties. If you want to include that information, you may need to request it from a medical provider. Your attorney would be able to request it on the correct court forms. This would be an advantage if, perhaps, you wanted to argue that your husband's health is too poor for him to be able to care for the children, or that he has mental health issues to the extent that he can't care for children properly, as his own mental health issues may interfere.
A: An evidentiary hearing is a mini-trial on one issue in a case. It sounds like you may be in a divorce case, so I assume that you and your husband will have a chance to show what "evidence" you have to plead your case.
This might be about custody after the divorce, for example, so this means that you would need to bring (and/or request the other side to bring) evidence to court to show whether custody should be shared, or joint custody. The judge (or a referee, perhaps) will listen to the evidence, perhaps the testimony of the parties, and whoever else the parties might bring to testify. At some point (not necessarily at the hearing), the judge will issue an opinion (another word for his or her decision on this issue), which will be binding on this issue in this case. ** if it is about custody, focus your thinking on the best interests of the child factors, which can be found here:
I highly recommend that you do some discovery in advance of the hearing. If this means hiring an attorney, so be it, because you will only get one shot to make your case. If you aren't prepared for the hearing, and you try to appeal a decision, the appeal can easily be shot down if it's shown that you could have presented the same evidence at the hearing.
Discovery would be gathering evidence you need, either from your own records, or from the husband's records. For example: custody factors include the mental and physical health of the parties. If you want to include that information, you may need to request it from a medical provider. Your attorney would be able to request it on the correct court forms. This would be an advantage if, perhaps, you wanted to argue that your husband's health is too poor for him to be able to care for the children, or that he has mental health issues to the extent that he can't care for children properly, as his own mental health issues may interfere.
Tuesday, May 23, 2017
What is marital property in a Michigan divorce? What is separate property?
Q: What is marital property in a Michigan divorce? What is separate property?
A: Martial property
is anything - assets, property, or debts -- that was gained during or
because of the marriage. For example, bank accounts, credit card debt,
the home (or homes), 401k accounts, cars, and so on. Whether it is
titled to one party, or both, all these things are marital property.
As such, when someone files for a divorce, these items will all be divided during the divorce. This means that one party might keep the house, and the debt associated with it, if he or she can pay for the value that belongs to the other party. Sometimes instead, the parties decide to sell the house, and split the proceeds. Either the parties can make the decision on property through mediation or other negotiations, or have the court do it during a divorce trial at the end.
As such, when someone files for a divorce, these items will all be divided during the divorce. This means that one party might keep the house, and the debt associated with it, if he or she can pay for the value that belongs to the other party. Sometimes instead, the parties decide to sell the house, and split the proceeds. Either the parties can make the decision on property through mediation or other negotiations, or have the court do it during a divorce trial at the end.
All
divorces - whether with our without children - will have to address
property settlements in the final divorce judgment, whether they decide
or whether a trial happens.
Separate property,
by contrast, is something that one party can claim to have outside of
the marital property. How does one have separate property? It could be
inherited from a family member, and kept separate from the marital
property, perhaps. Or it could be designated as separate property in a
pre-nuptial (or post-nuptial) agreement.
If however,
something is separate, it could become marital property if it becomes
co-mingled. Let me explain: If one party inherits property, but pays to
maintain it with marital funds, and then a spouse's name is added to the
title on the property, then the argument becomes stronger that this
separate property is now considered marital and should be split during
the divorce.
If you feel that a separate property issue is present in your current, or potential divorce, I strongly recommend that you take your facts to a family law attorney for further analysis.
Monday, May 15, 2017
What is pleading the fifth? That's for defendants, not witnesses, right?
Q: what is pleading the Fifth? Isn't that only for defendant? I don't have a subpoena yet, but I think I will have to testify. The problem is, I said things to the police while I was angry. Now my fiancee is being charged, I don't want to testify against him, I love him.
A: Hi, thanks for your question.
The way I understand your question is: You gave an earlier statement to the police, your fiancee was charged as a result. Now, the court is trying to see whether the charges against your fiancee are proven beyond a reasonable doubt, and to do that you may be called to testify.
The problem you are facing is that if you are called to testify truthfully, and do not, will the prosecutor decide to charge you with perjury (which is the technical name for making a false statement)? Perhaps you should seek a one-to-one consultation with an attorney to see what else you need to defend against.
"Pleading the fifth" is not only available to defendants, but also to witnesses, who may be chargeable as defendants.
Again, I suggest you talk to an attorney (preferrably not the same attorney your fiancee has) for more advice.
Yours,
Nancy
A: Hi, thanks for your question.
The way I understand your question is: You gave an earlier statement to the police, your fiancee was charged as a result. Now, the court is trying to see whether the charges against your fiancee are proven beyond a reasonable doubt, and to do that you may be called to testify.
The problem you are facing is that if you are called to testify truthfully, and do not, will the prosecutor decide to charge you with perjury (which is the technical name for making a false statement)? Perhaps you should seek a one-to-one consultation with an attorney to see what else you need to defend against.
"Pleading the fifth" is not only available to defendants, but also to witnesses, who may be chargeable as defendants.
Again, I suggest you talk to an attorney (preferrably not the same attorney your fiancee has) for more advice.
Yours,
Nancy
Monday, March 13, 2017
What is "discovery" in divorce cases in Michigan?
Q: What does it mean when you get served with interrogatories? I am getting divorced in Michigan, and my husband's attorney sent me all this paperwork to fill out. Do I have to? It seems a bit excessive.
A: Interrogatories are part of the discovery process in divorce cases in Michigan.
Discovery is a period set by the court in a divorce case to determine things that the court will need to know before a judgment of divorce is entered.
Discovery can cover many topics, such as : income and assets of the parties, debts of the parties, employment history (this is related to income), educational history, infidelity (this may relate to fault of the marriage breakdown, and/or custody), criminal history (could relate to custody), and so on.
Some questions asked in interrogatories may seem too broad, but that doesn't mean they don't have to be answered. Ask an attorney for help.
Since you have been served with interrogatories, that means you will need to provide a written response for your husband's attorney. If the interrogatories also had requests to produce, you will need to make copies of things like tax returns, pay stubs, 401k statements, etc. Also, you will have to respond within the timeframe, or you could be facing a sanction for not responding. The deadline will be 28 days after you have received service of the interrogatories.
Please don't delay on this, as I said, sanctions (this is a fine to you) can result from not responding on time. You could also be sanctioned for giving an answer that is less than honest.
Other forms of discovery can be: subpoenas to your employer, subpoenas to your banks, depositions (this is where you can be asked questions about what's in the answers to your interrogatories), and so on. Best of luck in your situation.
Yours,
Nancy
A: Interrogatories are part of the discovery process in divorce cases in Michigan.
Discovery is a period set by the court in a divorce case to determine things that the court will need to know before a judgment of divorce is entered.
Discovery can cover many topics, such as : income and assets of the parties, debts of the parties, employment history (this is related to income), educational history, infidelity (this may relate to fault of the marriage breakdown, and/or custody), criminal history (could relate to custody), and so on.
Some questions asked in interrogatories may seem too broad, but that doesn't mean they don't have to be answered. Ask an attorney for help.
Since you have been served with interrogatories, that means you will need to provide a written response for your husband's attorney. If the interrogatories also had requests to produce, you will need to make copies of things like tax returns, pay stubs, 401k statements, etc. Also, you will have to respond within the timeframe, or you could be facing a sanction for not responding. The deadline will be 28 days after you have received service of the interrogatories.
Please don't delay on this, as I said, sanctions (this is a fine to you) can result from not responding on time. You could also be sanctioned for giving an answer that is less than honest.
Other forms of discovery can be: subpoenas to your employer, subpoenas to your banks, depositions (this is where you can be asked questions about what's in the answers to your interrogatories), and so on. Best of luck in your situation.
Yours,
Nancy
Thursday, February 9, 2017
Q: What's a reasonable retainer for a divorce?
Q: What's a reasonable retainer for a divorce? Can't I just do this myself in court without an attorney?
A: Thanks for asking. If you are looking to hire an attorney for divorce, expect to hear many different amounts for retainers. Some attorneys will quote higher than they may need to, but will refund the unused portion of the retainer when your case is done.
A retainer is an amount that an attorney estimates toward how much your case might cost, in total, or for a large portion of the case. That doesn't mean that the retainer amount will cover the whole fee for your case. Again, you may have a refund once your case is done, depending on how your case goes, whether a lot of motions are needed, and how much your spouse decides to fight.
Many attorneys will also tell you their hourly rate when you hear their retainer amount. This is because the retainer is a down payment, which usually is placed in an account. The attorney then invoices against the retainer for each hour that the attorney works on your case. For example, if an attorney charges a $3,000 retainer, and has an hourly rate of $200 per hour, your retainer will be gone once your attorney has worked 15 hours on your case.
Your second question was "can I do this myself without an attorney?" Yes, a party can represent him or herself in court. But I ask you: Is this wise? Even if it seems cost effective? Your divorce has to cover many topics, such as child custody, parenting time, insurance, division of assets and debts (including retirement accounts, property, credit card debts), and child support, among others. Do you want to do this without any idea of how to go about it, when you are also feeling emotional and uncertain? Or would it be better to let a professional, who's not married to your spouse, argue for you?
Best of luck in your situation.
Yours,
Nancy
A: Thanks for asking. If you are looking to hire an attorney for divorce, expect to hear many different amounts for retainers. Some attorneys will quote higher than they may need to, but will refund the unused portion of the retainer when your case is done.
A retainer is an amount that an attorney estimates toward how much your case might cost, in total, or for a large portion of the case. That doesn't mean that the retainer amount will cover the whole fee for your case. Again, you may have a refund once your case is done, depending on how your case goes, whether a lot of motions are needed, and how much your spouse decides to fight.
Many attorneys will also tell you their hourly rate when you hear their retainer amount. This is because the retainer is a down payment, which usually is placed in an account. The attorney then invoices against the retainer for each hour that the attorney works on your case. For example, if an attorney charges a $3,000 retainer, and has an hourly rate of $200 per hour, your retainer will be gone once your attorney has worked 15 hours on your case.
Your second question was "can I do this myself without an attorney?" Yes, a party can represent him or herself in court. But I ask you: Is this wise? Even if it seems cost effective? Your divorce has to cover many topics, such as child custody, parenting time, insurance, division of assets and debts (including retirement accounts, property, credit card debts), and child support, among others. Do you want to do this without any idea of how to go about it, when you are also feeling emotional and uncertain? Or would it be better to let a professional, who's not married to your spouse, argue for you?
Best of luck in your situation.
Yours,
Nancy
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