Criminal Defense
What is Differences between Misdemeanors and Felonies?
Misdemeanor – is a crime punishable by up to one year in county jail. Misdemeanor trials are held in the state’s lower court, sometimes referred to as Municipal Court.
Felony – is a crime punishable by one year or more in state prison or a penitentiary. Felonies begin in the state’s lower court system but may move up to the state Superior Court, or higher court.
The misdemeanor and felony arraignment processes are virtually identical to one another with one exception. In the misdemeanor arraignment process, a pre-trial in Municipal Court is the next step following arraignment. In the felony arraignment process, the next step is a pre-preliminary hearing or a preliminary hearing. Once the preliminary hearing is completed, a trial date is established.
What is an Arraignment?
The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment.
What Happens to the Defendant at the Arraignment?
The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment.
What is Plea Bargaining?
Plea-bargaining is an excellent way to avoid a potential harsh conviction in favor of an agreed upon lighter conviction. The prosecutor has the burden of proof. The defendant is innocent until proven guilty. During the trial, the prosecutor must present a case that convinces the judge or jury beyond a reasonable doubt that the defendant is guilty. The charges filed against the defendant at arraignment may be different from those originally filed by the arresting police officers. It is critical that the attorney and defendant manage the details. Cases are won and lost in the details.
How does Bail Work?
Bail is a method to get the defendant released during the trial proceedings. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically two factors the judge considers before setting bail.
What if I think the judge or prosecutor is biased?
The defense attorney may ask the judge to withdraw himself from the case or he may file a motion with the court.
Auto Accident
Does cell phone use while driving cause traffic crashes?
Research shows that driving while using a cell phone can pose a serious cognitive distraction and degrade driver performance. The data are insufficient to quantify crashes caused by cell phone use specifically, but NHTSA estimates that driver distraction from all sources contributes to 25 percent of all police-reported traffic crashes.
What are some precautionary measures to take during bad weather conditions?
Driving in bad weather is a major cause of accidents. When driving, particularly on a long trip, make sure to stay tuned to radio reports about weather conditions. Upon hearing that an ice storm, hurricane, tornado, flood, hail, or other severe weather is expected on the chosen route or intended destination, change travel plans. Any reason for going on the trip cannot be as important as keeping safe. If already in an area that is being hit by bad weather, don’t try to drive out of it. Seek shelter for both and wait for the storm to pass.
What are some defensive tactics to prevent road rage?
Increasingly crowded highways and traffic backups cause many drivers to lose control and become extremely aggressive. Upon encountering an aggressive driver: Don’t challenge them, and stay as far away as possible. Consider taking down their license plate number and reporting their behavior to police so they won’t hurt themselves or someone else.
What are some ways to prevent car jacking / theft?
Thousands of unsuspecting motorists are carjacked every year. To minimize the danger of being carjacked: 1. Think of saving your life first. Only then, think of the car and what’s in it. 2. If another car bumps your car, stay inside with the windows shut and the door locked and drive to the nearest police or fire station. 3. Don’t stop at isolated pay phones, cash machines or newspaper machines where that may facilitate becoming a carjacking victim. 4. Stay alert to people lurking near or moving toward the parked car. 5. Always keep the windows of your car shut and doors locked, whether in or out of the car. 6. Park only in well-lighted areas. To prevent the car from being stolen: 1. When leaving personal property in the car, leave it in the trunk. 2. Keep the vehicle in a garage (if possible) and lock the garage door. If the car is stolen, have the following information to give to the police: Year, make, model and color of the car, as well as the vehicle G tag number. Also, the approximate time the car was stolen. A description of anyone you may have seen loitering around the car before it was stolen can also be helpful. If possible, the names of any witnesses that may have been in the area at the time the vehicle was stolen.
Business Law
What is the difference between civil and criminal liability in business?
Civil liability in business arises out of the relations between a business and their associates that are governed by the laws of contract and tort. Cases against a business such as breach of contract or negligence are disputed by those people directly involved. On the other hand, criminal liability in business involves a business committing a crime against the state or public. Criminal law applies across several business activities such as the labeling of goods and services – particularly food products. sexual intercourse, or are currently in prison for a number of years. Some states give greater portion of property or alimony to the spouse that proves the other’s fault, although not every state allows fault divorce.
What is Tort?
Tort is an area of the law concerned with injuries to people or property that come about because of a breach of a duty imposed by the law rather than by some contractual arrangement between two parties. Individual torts include trespass, defamation, nuisance, negligence and passing off. Each tort has its own rules.
How does Negligence relate to business activity?
Negligence is a tort, meaning it is a kind of wrongful act giving rise to a civil court action, usually for damages. Business activity can give rise to negligence in many different ways, for example, through the selling of defective goods or services.
When is a company considered to be in Breach of Duty?
A company is in breach of duty if it has failed to do what should reasonably be expected of it to do or not do. A company that is in breach of duty must meet certain criteria for negligence. In order to determine ‘reasonableness’, the court takes into account several factors such as the likelihood of a company’s action or inaction causing damages, the extent of damages caused, and how easy it would have been for a company to prevent damages.
Civil Rights
What is Title VII of the Civil Rights Act of 1964?
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, sex, national origin and religion.
What is Title VI of the Civil Rights Act of 1964?
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance.
Who is responsible for enforcing Title VII of the Civil Rights Act of 1964?
The Equal Employment Opportunity Commission (EEOC) enforces Title VII against private employers and the Employment Litigation Section, Civil Rights Division, U.S. Department of Justice enforces Title VII against state and local government employers.
What is Title I of the Americans with Disabilities Act?
Title I of the Americans with Disabilities Act of 1990 prohibits discrimination in employment against a qualified individual with a disability because of the disability.
Who is responsible for enforcing Title I of the Americans with Disabilities Act?
The Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA against private employers and the U.S. Department of Justice enforces Title I of the ADA against state and local government employers.
Divorce
What is a fault divorce?
A fault divorce is sometimes given if a person wishes to divorce another on the grounds that their spouse has engaged in cruelty against them, committed adultery, left them without notice for a substantial length of time, are physically unable to perform sexual intercourse, or are currently in prison for a number of years. Some states give greater portion of property or alimony to the spouse that proves the other’s fault, although not every state allows fault divorce.
What is a no fault divorce?
A no fault divorce is given to any person who wishes to divorce without having to prove that their spouse did anything wrong. It is usually enough for the spouse to cite “irreconcilable differences” or other similar incompatibility claims when filing for a no fault divorce. All states allow no fault divorces, yet some might require a period of separation before one can be filed.
What is a legal separation?
A legal separation is the first step in most divorce proceedings due to the fact that most states require that a couple must be legally separated for a period of 90 days (in most instances) before a divorce can be finalized. During the period of legal separation, debts, properties and marital assets are frozen and made separate for each spouse so that one is not responsible for any debts accrued by the other during this period of time.
What is Alimony?
Alimony is a court ordered monetary settlement that one must pay to their former spouse once the divorce is finalized. Alimony is paid in a series of periodic installments up until a certain amount of time or certain conditions have been met, such as the death or remarriage of the former spouse.
Do fathers have the same rights to child support as mothers do?
Yes. Fathers with custody of their children have the same rights to child support as mothers do.
How is child custody determined in a divorce?
If there is not a custody agreement in place by the parents, the courts will determine child custody based on what is in the best interests of the child. There are many different variables and factors involved in determining what the best interests of the child may be. These may vary from case to case.
DUI
How much alcohol does it take to impair someone's driving capabilities?
This generally varies from person to person. Several factors can determine how many drinks it would take for a person to become unable to properly operate a vehicle, including the amount of alcoholic beverages consumed, their alcoholic content, the length of time that the person has been drinking, the person’s weight, and whether or not a person has been drinking on an empty stomach.
What is Blood Alcohol Concentration (BAC)?
Blood Alcohol Concentration (BAC) is the percentage of alcohol present in a person’s blood stream. The illegal Blood Alcohol Concentration (BAC) level varies from state to state, but is generally around .05 percent to .08 percent, or two to three drinks.
How much does a DUI cost?
DUI costs for a first offense have been estimated to be upwards of $5,540, not including attorney fees or lost wages. The cost of a DUI is made up mostly of fines, impoundment fees, DMV reissue fees, DUI treatment programs, insurance increases, and restitution funds.
What are the penalties for a DUI?
Upon being convicted of a DUI, a person is subject to a variety of fees, jail time and community service, enrollment in a DUI treatment program, and a driver’s license suspension. The extent of these penalties varies from state to state and whether or not a person has been previously convicted of a DUI.
What happens if an officer does not show up to the initial court date for a DUI hearing? Will it be dismissed?
A DUI is a misdemeanor, not a traffic violation, and therefore cannot be dismissed for the failure of the arresting officer to show up to a court date. The initial court date is an arraignment and the officer will generally not be present. The police officer will most likely be present for the trial, but is not obligated to do so.
Employment Law
Are there any regulations regarding the safety of my work environment?
The Occupational Safety And Health Act (OSH) is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved Statesystems. Employers must identify and eliminate unhealthful or hazardous conditions; employees must comply with all rules and regulations that apply to their own workplace conduct. Covered employers must maintain safe and healthful work environments in keeping with requirements of the law. Effective OSHA safety and health regulations supersede others originally issued under these other laws: the Walsh-Healey Act, the Service Contract Act, the Contract Work Hours and Safety Standards Act, the Arts and Humanities Act and the Longshore and Harbor Workers’ Compensation Act.
Do I have to give my employer my medical records for leave due to a serious health condition?
No. You do not have to provide medical records. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.
Does the law guarantee paid time off?
No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.
What are the Federal Laws prohibiting job discrimination?
The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of the following laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.
- Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
- The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
- The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
- Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
- Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
What is the minimum my employer must pay me in wages?
The Fair Labor Standards Act prescribes standards for wages and overtime pay, which affect most private and public employment. The act is administered by the Wage and Hour Division of the Employment Standards Administration. It requires employers to pay covered employees the federal minimum wage and overtime of one-and-one-half-times the regular wage. It prohibits certain types of work in an employee’s home. It restricts the hours that children under 16 can work and forbids their employment in certain jobs deemed too dangerous. The Wage and Hour Division also enforces the workplace provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the U.S.
Insurance Claim
I have recently been laid-off from a job that I have had for the past five years. Will I be able to receive Unemployment Insurance benefits?
The Unemployment Insurance Program, commonly referred to as UI, provides weekly unemployment insurance payments for workers who lose their job through no fault of their own. Eligibility for benefits requires that you be able to work, be seeking work, and be willing to accept a suitable job.
If I obtain health insurance will my pre-existing conditions be excluded?
Under federal HIPAA law, the maximum preexisting condition exclusion period that an employer sponsored group health plan can apply to an individual is 12 months, beginning on the individual’s enrollment date in the plan.
My car has been totaled. The company has made payment, but the amount paid will not cover what I still owe the financial institution. What should I do?
Insurance companies are obligated to pay in accordance with their policy provisions, which is usually the actual cash value of the vehicle at the time of the loss. This amount does not always cover the loan balance because you may owe more than the vehicle is actually worth. The borrower of the loan is responsible for paying the difference to the financial institution.
What can I do as a business owner or a self-employed individual to protect myself against loss of income if I become ill or disabled?
The Disability Insurance Elective Coverage program, administered by the Employment Development Department, offers business owners and self-employed individuals the opportunity to protect themselves against loss of income due to injury, pregnancy or illness, whether or not it is work related.
What is homeowners insurance?
A contractual agreement between an insurance exchange for a premium, provides financial or renting a residence, and its contents.
Medical Malpractice
What is medical malpractice?
Failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury, loss or damage to the recipient of those services or to those entitled to rely upon them. Do you need a Michigan Medical Malpractice Attorney? If so, Contact Christopher Trainor & Associates Michigan medical malpractice attorney to help you and your loved ones recover damages caused by medical malpractice.
How common is medical malpractice?
Medical mistakes are extremely common in America. Almost 100,000 people die annually due to medical malpractice. Many more are prone to suffering due to the negligence of their medical doctor.
What is a statute of limitations?
A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations.
What must be proven in a medical malpractice suit?
The injured party must show that the medical professional did not act in accordance with the established standards of medical practice. This is proven with the testimony of unbiased medical professionals.
What type of damages can be awarded in a medical malpractice suit?
The following damages may be awarded in malpractice suits: Diminished earning capacity Funeral and related expenses Lost income Medical expenses Out-of-pocket expenses.
Personal Injury
Due to someone's negligence, I was injured, but it's nothing severe. How do I know if I have a case?
Your best bet is to talk to us. Just because you did not get severely hurt, even a small amount of pain can entitle you to a certain amount of money.
What are compensatory damages?
This is compensation for the injured person which can include a number of losses that can occur from a personal injury, also referred to as actual damages.
How can someone's negligence cause me an injury?
There are many things that may not occur to an injured person when it comes to someone else’s negligence being involved in a Personal Injury case. For example, employees at a grocery store fail to clean up a broken jar on the ground, causing someone to slip on it, fall, and get hurt.
How much money do you think I will receive from my personal injury case?
This can depend on a number of factors including the extent of your injury, the cost of your medical bills, the amount of time you had to take off work, etc.
Police Brutality
If injured in a Police Misconduct / Brutality incident, what should be done?
Get names of witnesses. Take photos of injuries sustained.
What actions should I NOT take when speaking with a Police Officer?
Don’t say, “I know my rights”, “I’m going to file a complaint/sue”, or “I pay your salary.” Don’t resist or fight if you’re going to be arrested even if the cop is wrong, or he/she doesn’t tell you why.
What should you do in the event of Police Misconduct / Brutality?
Note the date, time and location of the incident. Note – but do not ask for – the name, badge or car number of the officers involved. Note the physical description of the officers.
What should you do when confronted by a Police Officer?
Stay calm and be courteous. Don’t be rude or curse at the officer. Take off your headset, or turn down your music. If asked, give your name and address. You don’t have to answer any other questions.
What steps should be taken after a Police Misconduct / Brutality experience?
Contact a civil rights attorney or group immediately. If criminally charged, don’t speak until you’ve consulted a defense attorney.
Probate Law
The personal representative of an estate transfers title of real property, without consideration, to a person as a beneficiary or distribute under the will of the decedent (testate), or under the laws of decedent and distribution (intestate). Is the transfer exempt?
The transfer is exempt under MCL 207.526(a) of the SRETT Act.
The personal representative of the estate of a decedent sells real property to a son or daughter of the decedent. Is this transfer exempt?
No, unless the consideration is less than $100 (MCL 207.526(a)). This is not a transfer by the parent to a child.
Real Estate Law
What is a Title Examination?
A title examination is the study of records regarding the ownership history of a property. A title examiner investigates the property information in order to find out who owns the land, whether or not there are any defects of note on the property, or if there are any claims against the property owner. A title company in Michigan can provide such services.
What is a General Warranty Deed?
A general warranty deed certifies that the grantor’s title is good before and after the transfer of property. The general warranty deed also makes some guarantees concerning the quality of title. A good title, freedom from encumbrance, and the right of possession of the buyer are guaranteed by the seller under a general warranty deed.
What is a Special Warranty Deed?
A special warranty deed, sometimes known as a limited warranty deed, only warrants against claims that came about while the grantor held the title and owned the property. A special warranty deed provides less extensive guarantees than a general warranty deed.
What is a Quit Claim Deed?
Unlike a general warranty or special warranty deed, a quit claim deed does not contain any warrantees or guarantees. A quit claim deed simply conveys any interest left on the title. Quit claim deeds are not usually used for residential real estate, yet are sometimes used to correct errors in residential real estate conveyance.
Is it a good idea to buy a home in foreclosure?
Purchasing a home in foreclosure often appears to be a good value, but factors outside of the price need to be considered. The purchase of a foreclosure often is a cash only sale. The home may be in need of extensive repairs driving up the actual cost of the home. Additionally, the home may have several outstanding liens and other complicating issues.
Disability Law
How does Social Security decide if I am disabled?
Disability under Social Security for an adult is based on your inability to work because of a medical condition. To be considered disabled: You must be unable to do work you did before and we decide that you cannot adjust to other work because of a medical condition. Your disability must last or be expected to last for at least one year or to result in death.
What is Medicare?
Medicare is a federal government plan to provide medical insurance to persons age 65 or over, those that are disabled that have been receiving Social Security benefits for 24 months, and those persons who are receiving kidney dialysis treatments. It is divided into two parts: hospital insurance and medical insurance.
When do I qualify for Medicare?
Generally, eligibility for Medicare occurs at age 65, unless you are disabled. At age 65, or at an earlier age if you are eligible, you must enroll in Medicare health insurance (both hospital – Part A, and medical – Part B) through the Social Security Administration to maintain maximum benefit coverage.
What is a Tax Qualified long-term care insurance policy?
Eligibility for you to have benefits paid by the insurance company are based on the need for substantial assistance to perform at least 2 out of 5 activities of daily living or you have severe mental impairment which requires substantial supervision. Your doctor must certify that your disability will last at least 90 days.
When dealing with a WC case, what is a reasonable expectation of Medicare enrollment within 30 months?
Situations where an individual has a reasonable expectation of Medicare enrollment for any reason include but are not limited to: a) The individual has applied for Social Security Disability Benefits; b) The individual has been denied Social Security Disability Benefits but anticipates appealing that decision; c) The individual is in the process of appealing and/or re-filing for Social Security Disability Benefits.
What if I think the judge or prosecutor is biased?
The defense attorney may ask the judge to withdraw himself from the case or he may file a motion with the court.
Workers Compensation
What is workers compensation?
A system of statues enacted by each state that provides medical, lost time and permanent disability benefits for employees hurt in the scope of their employment.
Who is responsible for providing the benefits under the Workers Compensation Act?
The employer is, by law, 100% responsible for providing benefits under the Act.
I've been injured on the job, what should I do?
You must report your injury to your employer within 30 days from the date of the injury, or from the date you knew your injury or illness was related to your job.
Do I have to pay for my medical expenses if I'm injured on the job?
The worker compensation law provides for the payment of the injured worker’s medical expenses.