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Michigan Recent Legal Answers from Lawyers

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491 legal questions have been posted about by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Michigan Recent Legal Answers from Lawyers
Page 12 of lawyers' answers to legal questions about Michigan.
Legal Issue
Michigan

Recent Legal Answers

What will happen to a friend if they stole $350 dollars worth of stuff from the store they work at a while ago? what are the chances they go to jail?

Answered 2 years and 9 months ago by attorney J. Allen Fiorletta   |   1 Answer
Your friend could be charged with embezzlement since the items were stolen from her place of employment. If convicted, she would face up to one year in jail and a fine of up to three times the value of the items that she stole. She should speak with a criminal defense attorney soon.
Your friend could be charged with embezzlement since the items were stolen from her place of employment. If convicted, she would face up to one year... Read More

Could I get owvi reduced to careless or reckless driving

Answered 2 years and 9 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: DUI/DWI
When representing a client on a drunk driving charge, we thoroughly review all aspects of the initial stop, the interaction between our client and law enforcement, and the procedures used in administering the FST, PBT and Datamaster (or blood test). We do this in order to determine what defenses are available and we seek to obtain the best possible outcome for our clients. While it is possible to have the charges reduced, it is difficult to predict how significant of a reduction moght be available until we have had an opportunity to speak with our client and review the police report. I would be happy to discuss your situation with you at no cost.... Read More
When representing a client on a drunk driving charge, we thoroughly review all aspects of the initial stop, the interaction between our client and... Read More

Recently just got two traffic tickets on the same road within 3 weeks of each other.

Answered 2 years and 9 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Traffic Violations
I would be happy to speak with you regarding your sitution. Picking up points for driving infractions effects your insurance rates, as well as can put your driving privileges in jeopardy. I have a lengthy track record of successfully representing clients who have been ticketed for driving infractions.... Read More
I would be happy to speak with you regarding your sitution. Picking up points for driving infractions effects your insurance rates, as well as can... Read More

What type of cases do you guys handle

Answered 2 years and 9 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Law
Contact the Michigan Innocense Project   this is a case that they might take on.   good luck to you
Contact the Michigan Innocense Project   this is a case that they might take on.   good luck to you

My room mate stole money and then moved out what are my options it was 10 thousand dollars he stole

Answered 2 years and 9 months ago by attorney Gilbert Borman   |   1 Answer
File criminal against him and sue him in district court for damages. Demand restitution in any criminal case. Call him and tell him to return it immediately. Tell him you can overlook what he did if does the right thing otherwise you will hound him forever. Tell him you will take a judgement against him and you will garnish his wages forever. Ask him if 4 years in prison is worth it.   good luck... Read More
File criminal against him and sue him in district court for damages. Demand restitution in any criminal case. Call him and tell him to return it... Read More

How should i proceed with this matter>

Answered 2 years and 9 months ago by attorney Gilbert Borman   |   1 Answer
Landlords can be accountable for damages as a result of CO poisoning. The landlord's notice to quit is a further breach of the lease. You will definitely need legal representation to assert any claim against the LL. Please be in touch if I can be of assistance. Gilbert Borman 248.353.5555
Landlords can be accountable for damages as a result of CO poisoning. The landlord's notice to quit is a further breach of the lease. You will... Read More

We established 50/50 custody at the friend of the court. We no longer are together as a couple. I want her out. My name is the only one on the deed. C

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Family Law
If there is a divorce decree, that determines what happens to the house. Since the home is a top asset of most marital estates, it would be surprising for the court not to rule on it. If you owned the home prior to the marriage and she was never on the deed, and it never became part of the marital estate, if the divorce decree does not say otherwise, you have a right to evict.... Read More
If there is a divorce decree, that determines what happens to the house. Since the home is a top asset of most marital estates, it would be... Read More

Who could tell me if Michigan recognizes out of state Domestic Partnerships?

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Family Law
First, if you live in Michigan, Michigan law applies, if you don't, it probably doesn't. If you do live in Michigan, the state recognizes common law marriages from other states but probating an estate if you are the property owner and the suvivors seeks to assert claims can be difficult. If you love this person, have will or trust for their benefit. The cost is small but the amount saved in future lawyer fees and peace of mind for both of you is probably worth it. Good luck.     ... Read More
First, if you live in Michigan, Michigan law applies, if you don't, it probably doesn't. If you do live in Michigan, the state recognizes common law... Read More

Civil litigation

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You have to sue and demand the court order the sale of the property. You definitely need to retain a lawyer to do this. The good news is the ordering of the sale of jointly owned property is an equitable case and the court would see you as in the right on this and order the sale.  
You have to sue and demand the court order the sale of the property. You definitely need to retain a lawyer to do this. The good news is the ordering... Read More

If you were granted a 7411 on a misdemeanor is it hidden/sealed online?

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
unless you are a minor or the court seals the record, someone can still research it- court dockets are published online
unless you are a minor or the court seals the record, someone can still research it- court dockets are published online

do you have any pro bono attorneys

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
If you are in need of a lawyer, most courts, depending on where you are will provide you an attorney. You can also contact Michigan Legal Services.
If you are in need of a lawyer, most courts, depending on where you are will provide you an attorney. You can also contact Michigan Legal Services.

Given no way out!

Answered 2 years and 10 months ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: Family Law
Feel free to discuss my office to discuss this situation. It sounds like it has been very stressful. I would like to discuss it with you and see how I can help.
Feel free to discuss my office to discuss this situation. It sounds like it has been very stressful. I would like to discuss it with you and see how... Read More

Michigan race notice statute jurisdiction

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
This sounds like a law school exam question. The deeds between the properties would be controlling. As for the overages, what are they and how were they deeded. Yes Michigan is race-notice but adverse possession might apply if the original owner allowed his property to be used without taking action. You will need a real estate attorney to address this issue.  Feel free to be in contact if I can be of service.... Read More
This sounds like a law school exam question. The deeds between the properties would be controlling. As for the overages, what are they and how were... Read More

Consent Divorce and Defendant's absence on the testimony

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Divorce
I am pretty sure he has to show up.   They court will want to ask both of you in court if the proposed judgment is what you both want. No way around it.
I am pretty sure he has to show up.   They court will want to ask both of you in court if the proposed judgment is what you both want. No way... Read More

sold mobile home in a park and new owner has not signed the lease

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Send them notice of breach of contract, with a deadline to cure or the sale is cancelled. If they do not respond, you can cancel the sale and get a new buyer but be sure to do it right.
Send them notice of breach of contract, with a deadline to cure or the sale is cancelled. If they do not respond, you can cancel the sale and get a... Read More

I go back for a decision from the judge in a landlord tenant trial, can I still submit evidence?

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
The court not the attorney for the other side decides what comes in and doesn't at a hearing. Ask the court for permission to present your evidence. Just know the evidence has to have relevance, it also has to be from a trustworthy source and it must show something that actually prove something. Good luck!... Read More
The court not the attorney for the other side decides what comes in and doesn't at a hearing. Ask the court for permission to present your... Read More

I have a warrant issued for my arrest for retail fraud from 2019. How do I go about taking care of this warrant without going to jail?

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Law
As long as the amount involved is not a felony, do this: Call the court and ask when walk ins for warrants are done. Unless you have a lawyer, a lawyer will be appointed for you. You might be better off with your own lawyer. It is a really good idea to get a cashier's check for the amount that was taken and pay it to the merchant. If the merchantr is out of business, that won't help. But a receipt showing you paid back will go over well with the judge. As it is probably a misdemeanor, unless you have an extensive record, you are looking at probation and a fine and court costs. Hopefully this happened a few years ago. Good luck to you.    ... Read More
As long as the amount involved is not a felony, do this: Call the court and ask when walk ins for warrants are done. Unless you have a lawyer, a... Read More

Am I obligated to join?

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
the fact the HOA was not legally conducting business will not allow you to opt out. the HOA, was legally operating and your deed almost certainly references the HOA part of the sale. now that it is back operating again, you are bound by the HOA. While it was not legally operating, you could have escrowed your fees as the HOA was not legally operating. Now it is. Probably not the answer you were looking for but it is the answer.... Read More
the fact the HOA was not legally conducting business will not allow you to opt out. the HOA, was legally operating and your deed almost certainly... Read More

How to get an Heir out of the Estate house as she is refusing to pay rent now that she is no longer the PR.

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
If you have the probate court's permission you can evict.
If you have the probate court's permission you can evict.

My mother in law said I can’t married her son because he helping her fix papers and that he can’t get married into she gets her green card is this tru

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
As long as the person you marry is not related to you or otherwise married, it is legal for you to marry in Michigan. All you need is a birth certificate, driver's license or passport. Pretty sure Mom's papers are irrelevant. 
As long as the person you marry is not related to you or otherwise married, it is legal for you to marry in Michigan. All you need is a birth... Read More

can the next door lady turn my water off?

Answered 2 years and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
it would help if you have a written lease as without it your rights are short-term at best. The mom's shutting off the water is unlawful and she can be sued for damages. A claim of constructive eviction. Tortious interference with your right to be in the property. A claim for trespass might also be allowed. You will need legal help on this, I highly recommend you get a lawyer.... Read More
it would help if you have a written lease as without it your rights are short-term at best. The mom's shutting off the water is unlawful and she can... Read More

Should i contac the firm

Answered 2 years and 11 months ago by attorney Gilbert Borman   |   1 Answer
You could be the victim of identity theft (if someone took a loan pledging your home for the HVAC system). Or it could be an unscrupulous HVAC company trying to sell you a system. Or it could be an scrupulous finance company trying to sell you a loan. It is 1 of those three- be careful, figure out which it is, someone sent a false statement through the mail, you can report them to the FTC, Michigan AG consumer protection and or post office.... Read More
You could be the victim of identity theft (if someone took a loan pledging your home for the HVAC system). Or it could be an unscrupulous HVAC... Read More

I filed a "Partition Action" suit against my ex boyfriend, he received the paperwork, but the courts are telling me that there are steps to follow

Answered 2 years and 11 months ago by attorney Gilbert Borman   |   1 Answer
Everyone has to follow the court rules. Unless you have proper service of process under the court rules the ex-BF is not served. You also have to file the return of service. Bottom line, the rules are the rules and unless you follow them, the court won't help. A partition of land requires a lot of work, if you get it wrong, when the time comes, you will not be able to sell the property. Lawyers may cost money; it is the money they save you in the future that is our real value. I hope this helps. Good luck to you.... Read More
Everyone has to follow the court rules. Unless you have proper service of process under the court rules the ex-BF is not served. You also have to... Read More

Is my constitutional rights violated with child support

Answered 2 years and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Divorce
You need to get a divorce family law attorney to help you with this. If you cannot afford an attorney, contact legal aid in your area. I only do real estate law.
You need to get a divorce family law attorney to help you with this. If you cannot afford an attorney, contact legal aid in your area. I only do real... Read More

55 plus community

Answered 2 years and 11 months ago by attorney Gilbert Borman   |   1 Answer
The right to be able to do this depends on what the deeds and any Association documents say. Your group will want to have a real estate attorney (like me!) look at the relevant documents and advise your group if you have the legal ability to get an injunction enjoining the developer from doing this. The fact the current owners purchased their homes with the 55+ limit is key to asserting your rights here. I doubt you can succeed without legal counsel. Good luck to you and please be in touch if I can be of further assistance.... Read More
The right to be able to do this depends on what the deeds and any Association documents say. Your group will want to have a real estate attorney... Read More
Legal Issue
Michigan