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.

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.

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.

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.

The defense attorney may ask the judge to withdraw himself from the case or he may file a motion with the court.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Yes. Fathers with custody of their children have the same rights to child support as mothers do.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A contractual agreement between an insurance exchange for a premium, provides financial or renting a residence, and its contents.

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.

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.

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.

The following damages may be awarded in malpractice suits: Diminished earning capacity Funeral and related expenses Lost income Medical expenses Out-of-pocket expenses.

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.

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.

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.

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.

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.

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.

Contact a civil rights attorney or group immediately. If criminally charged, don’t speak until you’ve consulted a defense attorney.

Yes

Yes

No, unless the consideration is less than $100 (MCL 207.526(a)). This is not a transfer by the parent to a child.

Yes, under MCL 207.526(a).

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.

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.

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.

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.

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.

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.

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.

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.

The defense attorney may ask the judge to withdraw himself from the case or he may file a motion with the court.

The employer is, by law, 100% responsible for providing benefits under the Act.

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.

The worker compensation law provides for the payment of the injured worker’s medical expenses.

Yes