Q: How do I get rid of a misdemeanor on my record? Michigan law Q &A

Q: I had a conviction in 2008 for a traffic offense. I'd prefer to have that removed from my record, is there a way I can go about this? 

A: Yes, you can do this. The process is called "expungement," or also a "motion to set aside." The relevant law can be found here.

You have to apply for this in the county where the conviction happened. To meet the statutory requirements, it has to be more than 5 years since the offense. If your conviction was a misdemeanor, you can't have more than 2 misdemeanors (and only can set aside one) ; if your offense was a felony, you can't have any other felony offenses.

It does get a little more technical than that, so I hope that your criminal record isn't too involved, and in any case I hope you seek separate legal advice before you request this motion.

It also helps - a lot - to add evidence to your motion of your current good character. In other words, you've learned your lesson, and you are not likely to continue to break laws, and you won't be a concern to the legal system.

You also mention in your question that this was a "traffic offense." I am sorry to say that some types of criminal convictions can't be set aside under the statute, and convictions for drunk driving are one of those - so if you were convicted of impaired driving, operating under the influence, etc., your motion will fail. Again, seek separate legal advice before  you begin, even if you apply for the motion without a lawyer.
Yours,
Nancy

State bar reciprocity - what does it mean, what states do it

Imagine you're a lawyer, licensed in one state, and you'd like to move to another state. Or you get a case that is in another state - can you go to set up your practice in a new state, or take the out-of-state case? Possibly yes, if your state has reciprocity with the other.

State bars set their own reciprocity rules. If a state has decided not to reciprocate, then to practice in the "new" state, a lawyer has to take the bar exam for that state.

A good place to start researching this topic is here: Bar reciprocity.com

Keep in mind that the reciprocity process is not over night - anecdotal evidence suggests that the process can take 6 months. So if you're licensed in North Dakota, for example, practice for five years, then apply for reciprocity to Michigan, don't expect to be admitted overnight. Instead, the state bar will let you know in six months. 

GRPD under scrutiny after 11 year -old is handcuffed, NAACP comments

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.

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. 

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.

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.

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.

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.