Michigan Recent Legal Answers from Lawyers

It is probable that you will be able to renew your F-1 visa as your offense is a pending traffic ticket, but kindly note that the DS-160 visa application form asks whether you have ever been arrested or convicted for any offense or crime. You have not said whether you were arrested, but if not, your offense would not have to be disclosed unless you were directly asked about it during the visa renewal process. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Good morning. You have several questions in your email which require more information before responding.  I can tell you however, that if there is an agreement on all issues including property division, support, custody and parenting time, then yes the process will go more quickly but there is a statutory waiting period when there are minor children before a final Judgment of Divorce can be entered. Because you have children and are pregnant now, I suggest you speak with an attorney to get a better understanding of your rights and and the divorce process.  I would be happy to speak with you via phone when convenient for you.  My office number is (248) 594-9991. Thanks Patricia Kasody-Coyle Esq Jackman & Kasody PLLC... Read Answer

what you can do as smoking is banned under the lease, send written notice to the smokers and the landlord that, unless the smoking stops immediately, you will sue them both for nuisance nuisance claims permit collection of attorney fees, your landlord will not want this and should enforce the terms of the lease. a letter from an attorney should be sufficient. the smokers have a right to smoke but only outside. they have no right to smoke indoors, to the extent the term and condition is in the landlord's lease, they are obligated to enforce it as, otherwise, they are breaching YOUR lease because you relied on the no smoking clause as part of the lease. if you are in the tri-county area, I can try to help, otherwise, you will need to find counsel where you are.... Read Answer

Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to keep the defendant under the supervision of the court. For your friends charge, a months-long period of jail followed by a lengthier period of probation is not uncommon. It might be possible to have the sentence modified, but no guarantees.... Read Answer

It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate. Without that there is no point. The right place to start is a PPO against the person. They need to stay off your property. If they own a home, you can sue and claim a lien against their property. If you property is still standing, keep it insured. Good luck... Read Answer

This is an EXCELLENT question. The evidence of a dog's scent is permitted under the doctrine of the plain view exception. The first case on this held that a policeman seeing evidence of crime through the window of a car or a home removes the warrant requirement of the constitution. The reasoning behind this is the expectation of privacy, if incriminating evidence is hidden from view, the shade is down or its under a blanket, a warrant to search is required because you have an expectation of privacy because what you are doing is NOT in plain sight. So the dog situation is under the plain view exception because the dog can smell what is in the air, in plain view of their nose so to speak. But if they have to bring the dog into your home or car to make the discovery, then a warrant is needed.   Best of luck to you and I hope that you never have this area of law affecting your life.  ... Read Answer

I do not know any Veterans' lawyers. I am a real estate lawyer but to thank you for your service I will try and find one for you. if you don't hear from me here in a week, ping my email gb at borman dot net YOu can also call the State Bar Lawyer referal service 800 968 0738   best of luck to you... Read Answer

You can sue them both for access- the test is reasonableness and neither is being reasonable. The cost of litigating the case for the neighbors would be high. Send them both a letter demanding they give you reasonable clearance or you will be forced to take them to court. Asking them to move their docks 5' is not asking much.... Read Answer

Every lease comes with a implied right of quiet enjoyment. This could be grounds for holding them in breach of the lease. You have to send them written notice to that effect. I assume most of the work is daylight hours for the real noise but your after hours enjoyment seems curtailed. Send the demand in writing and see how they respond.... Read Answer

If mom has no will and the home is titled in moms name alone, then moms home would pass to her husband and children under intestate succession. If mom had no husband then her children would be given the home. You need to open up a probate in the county where mom passed and get yourself appointed as personal representative of moms estate. Once you're appointed, you can start eviction proceedings to evict your aunt. You should retain counsel in your jurisdiction to handle all of this. ... Read Answer

The bedbugs are a breach by the Landlord LL of the Warranty of Habitability. You can send a writing demanding release from the lease or demanding, that if they do not release you, they have to fix the problem. Should they not fix it, you can take them to court and recover any money you spend fixing the problem. You can also send a writing telling them that you will be putting next month's rent in an escrow account until they fix the problem. If you say you will do it, you better do it. Since you are allergic, ending the lease makes the most sense. Good luck... Read Answer

IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees or heirs, the quit claim might be valid. If there curretn tenancy does have a right of survivorship to the other JTs, the new deed is invalid.... Read Answer

If there is a warrant, you need to address it. You might be able to go to the memorial but, depending on how bad the police/court want you will determine if you will get arrested at the memorial. If you fly, there is no guarantee you will not be greeted at the airport. if it is just a mindemeanor, call the court and tell them when you are going to come in and be arraigned. Warrants last forever.... Read Answer

Legal yes, advisable NO!. The problem is nothing requires you to have insurance but, if the renter does not have it, YOUR insurance does not kick in as YOUR coverage only starts if the renter has a policy. So if an uninsured renter gets in an accident, you have no coverage. You must mandate insurance to your renters; if they claim they have a policy, you need to verify it is in force otherwise 1 accident could cost your company millions. You really need to make sure that you are doing business in the proper corporate form and cannot be personally liable.... Read Answer