robert-peterson-attorney-at-law

What Do I Do After the Death of a Family Member or Friend?

Sun, 27 Oct 2024 01:39:15 GMT

What Do I Do After the Death of a Family Member or Friend?

Image by Dorothée QUENNESSON from Pixabay

Checklist for Deceased Family

Member or Friend

Immediate Action

1. Call 911 if not at medical care facility. You must call immediately without delay. Delay can lead to criminal charges.

2. If at medical care facility, Show “ Do Not Resuscitate” Document if exists. If at hospital or care facility, staff will usually take care of some of the arrangements.

3. Determine who is going to take the lead for the estate and legal issues . You may want to download a checklist from an organization such as SevenPonds .com

4. Determine decedent’s wishes for donation, funeral arrangements, decisions. Check will or other documents, friends, relatives.

5. Notify hospital if organ donor - check drivers license or health care directives to determine.

6. Call mortuary if not donating body (check directives). Funeral director will usually help with obtaining death certificate, arrange services and transport. Prepare obituary, notify employer, attorney, insurance company and banks. Arrange for headstone. Mortuary will need information such as birth date, city, state of birth, social security number, marital status, education information, immediate family, insurance information (but do not disclose details of policy information prior to agreeing on financial arrangements), copies of military discharge (DD 214), cemetery deed paperwork, preplan funeral information.

7. Call clergy .

8. Notify personal doctor and dentist .

9. Notify close family and friends (asking them to contact others).

10. Arrange for care of dependents and pets . If Guardian is indicated in the will, guardian needs to be informed and children placed in care of guardian. If not or will cannot be immediately located, find suitable arrangement for dependents. If you cannot find suitable arrangements, as a last resort call DHHS.

11. Call the employer. Ask about benefits and pay due (including vacation and sick time, disability income). Ask about benefits for dependents, insurance policy through work, and filing information. Find out if member of union or credit union.

12. Notify police to watch house if no one is living in home. Thieves will often ransack a house once they discover the owner is deceased.

13. Check to ensure vehicle and valuables are secured. Change locks if necessary. Do not distribute property until probate court or your probate attorney allows. Personal representative may have to file inventory and appraisal with the court and may be prohibited from distributing property until the judge oks it.

14. If there is a Power of Attorney , notify the “attorney” (agent who was designated in the Power of Attorney to make decisions.) The Power of Attorney is ended with the death of the grantor.

Within a few Days

15. Arrange funeral/burial/cremation . Check to see if there are prepaid arrangements. Have family or friend accompany you to mortuary.

16. Prepare obituary . Submit to local papers and other papers as necessary. Determine if donations preferred over flowers.

17. Keep track of donations, flowers, and cards to be able to acknowledge their gifts and write thank you cards later.

18. Contact attorney. Find will and any requests. Check to see if will was filed in Probate Court. Determine if probate will need to be filed, and if so, what type of probate.

19. Secure bequeathed property items to allow distribution when directed by court/your probate attorney. Check will and any letters/writings.

20. Appraise/value valuable items . Real estate value = SEV from tax bills times two. Cars can be valued using Kelly Blue Book Online. You do not need to value clothes, household items, etc. unless they are valuable.

21. Arrange for estate sale if necessary . Hire company to hold sale if necessary. Deposit proceeds into estate account for later distribution.

22. Determine if any donations of property are to be made. If there is not an estate sale, local organizations will accept donations.

23. Find important papers such as deeds, insurance policies, business arrangements, tax returns including income and gift tax returns, bank accounts, earning statements, investment papers, birth (for person and children) and marriage certificates (maybe filed at court house), military discharge certificates (often filed at court house), Social security number, vehicle papers including titles and registrations, loan payments, bills, trust documents, retirement benefits, divorce paperwork, computer records, notes receivable, leases, health insurance, and other papers.

24. Contact veterans affairs (800-827-1000 or local VA agency) if person was a veteran, or local military unit if still on active duty.

25. Contact fraternal organizations if belonged to fraternal organizations or unions. May have insurance or honor guards.

26. Have friend or relative watch home , answer phone, collect mail, water plants, dispose of food.

27. Locate investment information , bank information, insurance information, pensions. Stop any future orders. Change registration. Delete deceased from joint accounts. Check on beneficiaries.

28. Call Social Security (800-772-1213) (and Veterans Administration, if applicable) to stop any payments and ask about survivor benefits. If surviving spouse, ask about increased personal benefits and one-time death benefit of $255. Veterans may qualify for allowances, headstone, cemetery space, flag, and honor guard.

29. Social Security will notify Medicare, but if enrolled in Medicare prescription Drug Coverage (part D), Medicare Advantage or had Medigap policy, you will need to contact plans to cancel.

30. Stop health insurance after filing final expense bill . Call company. Check for coverage of dependents and if it continues.

31. Contact utility companies to change or stop service unless it is needed to protect the house (such as heat in cold periods). Remember probate can take months to years to resolve.

32. If person had a passport , contact State Department office.

33. Call life insurance companies. Locate policies. Call agents to file claim. Ask about payment options. Check if deceased was listed as beneficiary on a policy. If so, arrange for change paperwork.

34. Call other insurance companies such as home owners and auto insurance. Check if insurance policies cover an accidental death if applicable. Do not cancel policies until after covered property is distributed, sold, or disposed.

35. Contact postal service to forward mail to personal representative to accumulate bills and asset information.

36. Contact local banks to determine if safe deposit box or accounts. Check for keys. Probate Court may need to order access to safe deposit boxes.

37. Check for online accounts and passwords.

38. Get copy of credit report to locate possible creditors and assets. Your attorney may have access to services to locate creditors and assets.

39. Ensure that insurance payments on property are continued until property is transferred.

40. Remember fiduciary duties . Be deliberate and not hasty with any decisions and payments. There may be false claims and irritable relatives. You can be responsible for erroneous payments.

41. Check if leased property or property management company. May need to cancel leases or contracts.

Up to 10 days after death

42. Obtain death certificates from funeral home or county. Get at least 5 copies immediately. You will probably need about a dozen or so, but all need not be certified.

43. Contact attorney. Attorney will take will to county probate clerk , open probate, and have personal representative appointed. Get Letters testamentary or letters of administration to allow you to administer estate (get multiple copies). Not all estates need to be probated. There has to be items which do not pass without probate (real estate, items titled in deceased name, etc.) Talk to your attorney whether probate needs to be filed and what type of probate to file.

44. Personal representative should open bank account for deceased estate if there will be funds coming into estate. Retitle other bank accounts into one account with the estate name. The estate bank account will require an EIN from the IRS website (irs.gov).

45. Personal representative should develop a list of assets that may need to be filed with the court. Assets include real estate, personal property, bank and investment accounts, vehicles, furniture, jewelry. Assets generally should not be paid out to heirs until after the period for creditors runs out to make claims or reserve ensured to pay bills (4 months after the newspaper notice is published.)

46. Personal representative should make a list of bills . Do not pay bills out of own funds, as that increases the value of the estate. Do not be hasty to pay bills. IN FACT, do not pay any bills unless it is to protect property of the estate from being destroyed, damaged, or loss of value.

47. Contact decease's tax preparer . Check to see what taxes need to be filed. State, Federal final income tax returns should be prepared. Estate tax return may be required. Keep account paperwork to show balances on day of death. If there is a Revocable Living Trust, it becomes irrevocable at the time of death, and a tax return will need to be filed for the Trust.

48. Contact insurance companies and file death claims. Check on beneficiaries.

49. Contact pension representatives to inform of death and check for beneficiaries.

50. Send thank you cards .

51. Call financial advisers . Determine beneficiaries listed on accounts. If living beneficiaries, the accounts pass outside of probate.

52. Notify mortgage companies and banks. Determine if mortgage is under water. If so, determine how best to dispose of property.

53. Close all credit card accounts. Call customer service phone numbers. Do not pay credit card bills yet until all creditors are determined. Then check with your attorney first.

54. Notify credit reporting agencies to flag account (Equifax, Experian, and TransUnion).

55. Cancel Driver’s License.

56. Cancel email and website accounts . Some websites cannot be transferred to other persons but if the website has important information, you may want to try to change ownership.

57. Cancel memberships in organizations such as professional organizations. Check to see if insurance or special funeral arrangements.

58. Contact local election board to notify of death to remove person from voting rolls.

59. Cancel subscriptions, memberships, and services .

60. Ensure that wills and beneficiary information with banks, insurance, and financial institutions are changed if the deceased was listed as an heir or beneficiary.

61. File health insurance claims for final illness .

62. I f owner of business, check for buy-sell agreements . Execute any agreements. Determine if business will continue to operate. Make business arrangements.

63. Dispose of leftover medications.

64. If you believe other assets exist, you might have to hire an asset search service to locate them. Check with your attorney.

Simplified Checklist for Executor/Personal Representative

1. Gather all assets together and keep account of assets. Sell assets that need to be sold. Keep funds for payment of bills or distribution to heirs. Put funds in an estate account which will require a new account from a bank and an EIN from the IRS- go to irs.gov.

2. Gather all bills . At this time do not pay any bills other than possibly mortgage, utility payments to keep heat on, or car payment, or other bills that you must pay to keep assets safe and retain their value for the estate.

3. Keep accounting for all payments . See #2 above. A simplified order of priority for payments (check with your attorney).

a. Court costs that will be due with the turn in of the inventory

b. Administration costs, attorney fees, executor fees

c. Funeral costs and expenses and final medical bills

d. Other bills such as credit cards

4. Prioritize and pay bills 4 months after newspaper announcement to creditors after talking to your attorney.

5. Inventory fee due to court 91 days after appointment. Fee due to court based on value.

6. Distribute assets per will or rules after bills paid . Deeds completed for real estate. Titles transferred for vehicles.

7. Ensure final tax income return is filed if required.

8. Close case when all bills paid (or rejected due to lack of funds) and assets distributed . Talk to your attorney about time to close.

Contact Robert Peterson, Attorney at Law, P.C. for assistance in any of the above items.

Understanding Probation Violations in Michigan: A Guide for Probationers

Sat, 26 Oct 2024 00:51:12 GMT

Understanding Michigan Probation Violations

Probation is a critical component of the criminal justice system in Michigan, offering individuals an opportunity to serve their sentences within the community rather than in incarceration. It is designed to rehabilitate offenders while ensuring public safety and reducing the burden on the prison system. However, probation comes with strict conditions that must be adhered to, and violations can lead to serious legal consequences.

Common Reasons for Probation Violations in Michigan

Probation violations occur when an individual fails to comply with the terms set by the court. In Michigan, some of the most common reasons for probation violations include:

Failure to Report to a Probation Officer: Regular meetings with a probation officer are typically required, and missing these appointments can be considered a violation.
Failing Drug/ Alcohol Tests: Many probation terms include a requirement to remain drug and alcohol free, and failing a drug/alcohol test is a frequent cause of violations.
Committing New Offenses : Engaging in criminal activity while on probation is a serious violation that can lead to additional charges and penalties. Not only do you face penalties on the new charges, but you can face the remaining time left on the original charge.

Basic Rights of the Probationer

The probationer has basic rights which are detailed on SCAO form MC 446 . These basic rights are:

1. Written notice: To receive written notice of the probation violation(s)

2. Plead: To plead guilty, not guilty, or to stand mute. If the probationer stands mute, a not guilty plea will be entered the court. If you plead guilty and your plea is accepted, you will give up the right to a contested hearing and a lawyer’s assistance at the contested hearing.

3. Hearing: To contest the charge(s) at a hearing. The court must set a reasonably prompt hearing date or postpone the hearing. If a probationer is being held in custody for an alleged probation violation, the probation violation hearing must be held within the permissible jail sentence for the probation violation, but in no event longer than 14 days after the arrest or the court must order the probationer released from that custody pending the hearing. If the alleged violation is based on a criminal offense that is a basis for a separate criminal prosecution, the court may postpone the hearing for the outcome of that prosecution.

4. Attorney: to have an attorney assist at the hearing and at all subsequent court proceedings. You have the right to a lawyer appointed at public expense if you want a lawyer and you are financially unable to retain one. The appointing authority will decide if you are indigent and appoint a lawyer if you are eligible. If you are able to pay part of the cost of a lawyer, the court may require you to contribute to the cost of providing a lawyer and may establish a plan for collecting the contribution. You may contest your ability to pay the ordered fees if the court attempts to collect any costs for a lawyer, and the court must determine your ability to pay at that time.

The Legal Process Following a Probation Violation

When a probation violation is alleged, the individual will typically face a probation violation hearing. This process involves:

Notification : The probationer will receive a notice of the alleged violation and the date of the hearing. The probationer has the right to an attorney to protect his rights during the hearing.

Arraignment : At the arraignment, the court must inform you whether the alleged violation is charged as a technical or non-technical violation of probation, and the maximum possible jail or prison sentence.

A “ technical probation violation ” means any violation of the terms of a probation order, including missing or failing a drug test, excluding the following (which are nontechnical violations):

A violation of an order of the court requiring that a probationer have no contact with a named individual.

A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.

The consumption of alcohol by a probationer who is on probation for a felony violation of MCL 257.625 (OWI offenses) .

Absconding , defined as the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.

Hearing : During the hearing, the court will determine whether a violation occurred. At a contested violation hearing:

The evidence against you must be disclosed to you.

You have the right to be present at the hearing, to present evidence , and to examine and cross-examine witnesses.

The court may consider only evidence that is relevant to the violation alleged, but it need not apply the rules of evidence except those pertaining to privileges.

The prosecuting attorney’s burden of proving a violation is by a preponderance of the evidence , not beyond a reasonable doubt.

Consequences : If a violation is found, the court may impose various penalties, including:

modifying probation conditions ,
extending the probation period,
i mposing additional conditions , or
revoking probation and ordering incarceration .
Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown. If you are not able to pay due to financial hardship, contact the court immediately to request a payment alternative. MCR 6.425(D)(3).

Nontechnical violations can be punished up to the remaining term left on the underlying sentence.

Technical violations can be punished according to MCL 771.4b .

For a probation in which the probationer was found guilty or pleaded guilty to a misdemeanor offense:

o For a first technical violation , incarceration may be ordered for not more than 5 days

o For a second technical violation , incarceration may be ordered for not more than 10 days

o For a third technical violation , incarceration may be ordered for not more than 15 days

o For a fourth or subsequent technical violation, incarceration may be ordered for any number of days , but not exceeding the remaining eligible jail sentence

For a probation in which the probationer was found guilty or pleaded guilty to a felony offense:

o For a first technical violation , incarceration may be ordered for not more than 15 days

o For a second technical violation , incarceration may be ordered for not more than 30 days

o For a third technical violation , incarceration may be ordered for not more than 45 days

o For the fourth or subsequent technical violation , incarceration may be ordered for any number of days , but not to exceed the remaining eligible jail or prison sentence

Tips to Avoid Probation Violations

To successfully complete probation, individuals should:

Maintain Open Communication : Regularly communicate with your probation officer and promptly report any issues or changes in circumstances.

Adhere to All Conditions : Understand and follow all the terms of your probation, including attending required programs and avoiding prohibited activities or substances.

Stay Informed : Keep track of all appointments, deadlines, and requirements to ensure compliance.

Attend all Meetings with your Probation Officer: Attend all appointments or meetings with your Probation to ensure compliance.

The Role of a Criminal Defense Attorney

A criminal defense attorney plays a vital role in defending against probation violation allegations. They can:

Provide Legal Advice : Help you understand the terms of your probation and the implications of any alleged violations.

Represent You in Hearings : Advocate on your behalf during probation violation hearings to ensure your rights are protected.

Negotiate Outcomes : Work to achieve the best possible outcome, whether that means contesting the violation or negotiating alternative penalties.

Conclusion

Understanding and complying with the terms of probation is crucial to avoid further legal issues. By staying informed and proactive, individuals on probation can successfully navigate their obligations and work towards a positive future. If you face allegations of a probation violation, seeking the guidance of an experienced criminal defense attorney can make a significant difference in the outcome of your case.

You can contact: Robert Peterson, Attorney at Law, P.C. to discuss your probation violation issues.

Understanding Sexual Assault Charges in Michigan: Frequently Asked Questions

Sat, 28 Sep 2024 00:22:15 GMT

Understanding Sexual Assault Charges in Michigan: Frequently Asked Questions

Image by Marcos Cola from Pixabay.com

Understanding Sexual Assault Charges in Michigan: Frequently Asked Questions

As a Michigan criminal defense attorney, I often encounter questions from clients and the community concerning sexual assault charges. Understanding the legal landscape surrounding these charges is crucial for anyone facing such allegations or seeking to support someone who is. This blog entry aims to address some of the most frequently asked questions about sexual assault in Michigan, providing clear and accurate information to help you navigate these complex issues.

What is Sexual Assault?

In Michigan, sexual assault is a broad term that encompasses various non-consensual sexual acts. Legally, it is often referred to as “ criminal sexual conduct” (CSC) and is categorized into four degrees, each with specific criteria and penalties. The degrees range from first-degree CSC, which involves the most severe circumstances, to fourth-degree CSC, which involves less severe but still serious conduct. Specific charges can vary based on factors such as the age of the victim, the relationship between the victim and the accused, and the alleged actions.

Sex crimes against minors may also include sexting, statutory rape (CSC) (16 is the age of consent in Michigan), teacher sex abuse of a student, doctor sex abuse, massage therapist sex abuse, coach sex abuse, clergy sex abuse, scout leader sex abuse, and child molestation (which is actually charged as CSC 2 ^nd or CSC 4 ^th ) and sexual abuse. It is illegal to distribute or possess sex photos of a minor or send sex photos to a minor. These crimes can also be crimes for a minor to distribute or send pictures to another minor and can lead to charges.

Sexual assault crimes can also include assault with intent to commit sexual penetration (which is defined as any intrusion, however slight, of a person’s body or other object into the genitals or anal openings of another’s body) and date rape (which is not actually a separate crime by itself in Michigan and would be charged as CSC).

Internet sex crimes include child pornography possession and distribution . It is illegal to send nudes or videos of a former partner without their consent.

Other sex crimes include indecent exposure and other lewd conduct, prostitution , solicitation , and pandering (pimping). These crimes involve possible jail time and may require sex offender registration.

There are also federal sex crimes including child pornography, soliciting a minor, human trafficking of children, and aggravated sexual assault. For a summary of federal laws see the US DOJ website.

All of these above crimes are very serious crimes and require strong attorney investigation and defense.

What are the Penalties for Criminal Sexual Conduct in Michigan?

The penalties for criminal sexual conduct (CSC) in Michigan vary depending on the degree of the offense. Penalties include fines, imprisonment, mandatory registration as a sex offender, and probation. Felony convictions can result in lengthy prison sentences, sometimes for life. There are also collateral consequences which are discussed in my blog on collateral consequences . The degrees of CSC include:

First-Degree CSC : A felony, and this is the most serious charge and can result in a life sentence. It typically involves sexual penetration with aggravating factors such as the use of a weapon, causing injury, or the victim being under 13 years old.
Second-Degree CSC : A felony, and this charge involves sexual contact with similar aggravating factors as first-degree CSC. Convictions can lead to up to 15 years in prison.
Third-Degree CSC : A felony, and this involves sexual penetration without the aggravating factors present in first-degree CSC. Penalties can include up to 15 years in prison.
Fourth-Degree CSC : A misdemeanor, and this involves sexual contact without the aggravating factors present in second-degree CSC. It is punishable by up to 2 years in prison and/or a fine.

What are the Potential Consequences for Those Convicted?

Beyond imprisonment, those convicted of criminal sexual conduct in Michigan face several other serious consequences ( see my blog ):

Sex Offender Registration : Convicted individuals are typically required to register as sex offenders, which can have long-lasting impacts on their personal and professional lives. Registration requirements are strict and violations often lead to a return to prison.
The Michigan Sex Offender Registration Act (SORA) defines 3 levels of offenders-
Tier III is the highest level and offenders are restricted as to where they can live and work, neighbors may be notified of their status, and must register for life.
Tier II offenders must register for 25 years.
Tier I offenders must register for 15 years.
Some offenses committed by Juveniles and low level offenses may not be subject to registration.
Employment Challenges : A criminal record, especially one involving sexual assault, can severely limit employment opportunities.
Social Stigma : The social repercussions of a sexual assault conviction can be profound, affecting relationships and community standing.

How can I get off the Sex Offender Registry?

Under certain circumstances offenders can petition to be removed from the registry. Tier I offenders can petition after 10 years when they meet certain criteria. Tier II can petition to be removed under very limited circumstances. Tier III are very limited in their opportunities to be removed.

What Should I Do if I am Accused of Sexual Assault?

If you are accused of sexual assault, it is crucial to seek legal representation immediately. These crimes have a definite stigma and are usually vigorously prosecuted. Avoid discussing the case with anyone other than your attorney, and do not attempt to contact the accuser. An experienced criminal defense attorney can help you understand your rights, navigate the legal process, and build a strong defense.

Can a Sexual Assault Charge be Expunged?

In Michigan, certain criminal records can be expunged, either automatically or by petition , meaning they are removed from public record. However, the eligibility for expungement of CSCs is limited to only certain CSC 4 ^th offenses and depends on the specifics of the case. Other types of sex offenses may be eligible. Consulting with a knowledgeable attorney can provide clarity on whether expungement is an option in your situation.

Can Charges Be Filed Based on Just One Person’s Word Against Another’s?

Yes, charges can be filed based on the alleged victim’s testimony. Because prosecutors want to believe the word of a child or a victim, charges often are prosecuted based on the child’s/victim’s word. Often a forensic interview of the alleged victim will be conducted, and DNA tested if it is available. Even if your DNA is found, the charge can possibly be defeated ( I have done so.)

It is important that you do not discuss the case with ANYONE except your attorney. You have the right to remain silent and should utilize that right. Do not talk to cell mates, your wife or relatives, or attempt to talk or write in a code. The prosecution must prove the allegations beyond a reasonable doubt in court. Often the evidence comes from what you say or did after the fact.

It is not uncommon for minors and disgruntled lovers to falsely accuse a person of a sex crime. It is important to gather the facts as soon as possible, even before the police become involved if possible. Speed is essential in an investigation as the facts often spin wildly out of control.

Unfortunately, if you cannot afford bail (which tends to be a large cash amount), you will often be held in jail until trial. It is essential that you work with an attorney to develop a strong defense, to protect your rights, and attempt to reduce your bail amount.

Are there Statute of Limitations for CSC charges?

First Degree CSC has no statute of limitations and charges can be filed at any time regardless of the length of time. There are significant issues with memory and details which require an attorney to sort out.

Sex contact or penetration of a victim between 13 and 16 years old or if the victim is under age 18 at the time of the sex assault have statute of limitations within 15 years or by the victim’s 28 ^th birthday whichever is later.

If there is new identifying DNA evidence, the case can be filed within 10 years of the identification or by the victim’s 21 ^st birthday, whichever is later.

How Can a Criminal Defense Attorney Help?

An experienced criminal defense attorney can evaluate the case, identify legal defenses, protect your rights, lower your bail amount, and guide you through the complexities of the legal system. From negotiation and plea bargains to representing you in court or trial, an attorney is your advocate at every step.

Conclusion

Facing a sexual assault charge is a serious matter with significant legal and personal implications. Understanding the nature of these charges and the potential consequences is essential for anyone involved in such cases. If you have further questions or need legal assistance, do not hesitate to contact our office for a confidential consultation. We are here to help you navigate these challenging circumstances with the expertise and support you need.

For more information or to schedule a consultation, please contact us at Robert Peterson, Attorney at Law, P.C.

Substance Abuse Assessment and Treatment Providers in Ontonagon and Gogebic Counties in Michigan

Tue, 24 Sep 2024 15:03:02 GMT

Treatment providers in Ontonagon and Gogebic Counties in Michigan

Image by fernandozhiminaicela from Pixabay

Substance Abuse Assessment and Treatment Providers In the Ontonagon/Bessemer, Michigan Area

I often get requests for Substance Abuse counselors in my cases. This is a listing of providers that are in the local Ontonagon and Gogebic County area in Michigan.

A Substance Abuse Assessment is required by statute prior to sentencing in an OWI criminal case. Typically private health insurance does not cover the cost of these assessments and most providers require payment in full before they will release the assessment to the court.

Phoenix House

Ontonagon- (906) 337-0763- provides assessments and outpatient counseling

Bessemer – (906) 663-5141- provides assessments, outpatient counseling and alcohol highway safety education class. (Will go to Gogebic County jail for assessments.)

Public Counseling - Houghton (906) 214-7017)- provides assessments and counseling

Great Lakes Recovery

Access Center (906) 228-9696- Must first call access center to arrange appointment at local office. Has residential treatment. Offices are located in Ironwood, Hancock, Iron Mountain, Iron River, Ishpeming, Marquette, Munising, Newberry, Sault Ste. Marie, Escanaba and St. Ignace.

They do not take Blue Care Network, Tri-Care or Champ Insurance. Medicaid typically covers 100% of costs of assessments. Block funding may be available for low income individuals.

LVD Substance Abuse Services

Watersmeet. For assessments, MIP program and outpatient treatment call (906) 358-0252.

For Alcohol Highway Safety Program call Mr. B at (906) 366-0026. Offered 1 ^st and 3 ^rd Wednesdays for $150.00

North Coast Counseling -(906) 523-5580. Provides outpatient counseling for substance abuse, anger management in Ontonagon

Samaritan Counseling Services (906) 364-7270. Provides assessment, MIP program, outpatient counseling, domestic violence counseling, anger

management.

Department of Veterans Affairs - (906) 932-0032. For Military Veterans only.

New Day Treatment Center -

For assessment and outpatient treatment call (906) 353-8121

For Residential treatment call (906) 524-4411

Superior Counseling - (906) 364-3172- Provides assessments, MIP program, Alcohol Highway Safety Class, outpatient treatment, domestic violence

counseling, family counseling, anger management.

In addition, the judges will often recommend Alcoholics Anonymous or Narcotics Anonymous meetings as a condition of probation.

AA 12 Steps and 12 Traditions.

FAQs on Domestic Violence in Michigan: Understanding the Legal Landscape

Fri, 20 Sep 2024 14:35:48 GMT

Image by Timisu from Pixabay

FAQs on Domestic Violence in Michigan: Understanding the Legal Landscape

Domestic violence is a critical issue that affects many individuals and families across Michigan. As a Michigan criminal defense attorney, I often encounter questions from clients, victims, and the general public about what constitutes domestic violence, the potential consequences for those accused, challenges faced by victims, and potential defenses. Here are some frequently asked questions about domestic violence in Michigan.

What Constitutes Domestic Violence in Michigan?

Domestic violence in Michigan is defined as an assault or assault and battery committed by an individual against a person with whom they have a domestic relationship. This includes spouses, former spouses, individuals in a dating relationship, individuals who have a child in common, and residents or former residents of the same household. The key element is the existence of a domestic relationship between the parties involved.

Domestic Violence can include actions such as hitting, stalking, locking out of home, denying help when injured, ill or pregnant, weapons involvement, not allowing you to leave by physical force, objects thrown at you, abandoned in a dangerous situation, sexual abuse such as forcing to have sex or watch sexual acts, emotional and psychological abuse, manipulation, stalking, blame for abuse, economic abuse, threats, threatening to kidnap or kidnapping children, threatening to harm you or the children, threatening to call CPS, or any form of coercive control. This list is not an all inclusive list but merely examples. The law provides specific provisions for what constitutes domestic violence, emphasizing the importance of the victim's perception of safety and fear.

Are Men Always the Perpetrators and Women Always the Victims?

No. Any gender may be involved in either role. Men can be victims and Women can commit domestic violence.

What Are the Penalties for Domestic Violence in Michigan?

The penalties for domestic violence in Michigan can vary significantly based on the severity of the offense. The underlying charge is usually domestic assault and the penalties are:

First Offense : A first-time domestic assault offender may face up to 93 days in jail, fines up to $500, and mandatory counseling.
Second Offense : A second domestic assault charge carries up to one year in jail, fines up to $1,000, and additional mandatory counseling. This also may include a felony charge if there are aggravating factors.
Third Offense : A third offense is considered a felony and can result in up to five years in prison, fines up to $5,000, and other severe consequences.
Aggravated Domestic Assault: Involves serious injuries to the victim requiring immediate medical care. Essentially this charge increases the level of punishment. A first offense's penalty is similar to a second offense domestic assault and a second offense is similar to a third offense domestic assault.
Felony charge: Domestic assault can be charged as a felony if a weapon is involved or strangulation/suffocation is involved. Additionally, if the victim is denied access to a phone/communication, an additional felony can be charged.

What Are the Consequences of Domestic Violence Charges?

The consequences of a domestic violence charge can extend well beyond criminal penalties. See my blog on Consequences of a Criminal Conviction . They may include:

Criminal Record : A conviction can lead to a permanent criminal record, impacting employment prospects and housing options.
Custody Issues : Domestic violence charges can significantly affect custody decisions in divorce or separation proceedings.
Restraining Orders : Victims may seek personal protection orders, which can restrict the accused's movements and interactions, further complicating personal and professional circumstances.
Firearm Restrictions : A domestic violence conviction can result in the loss of the right to possess firearms. Under federal law you lose your firearms rights.
Immigration Consequences: A domestic violence conviction can have serious consequences if you are not a U.S. citizen, even if you are a legal immigrant.
Child Neglect and Abuse cases: If children are involved or witness the violence, Child Neglect and Abuse cases can be initiated by Child Protective Services in addition to any criminal charges. Abuse in the household can lead to generations of abuse and victims.
Other : There can be other consequences such as mandatory participation in counseling or anger management programs, loss of job, loss of housing, social stigma, inability to contact family members, or loss of security clearances.

What Issues Do Victims Face in Domestic Violence Cases?

Victims of domestic violence often face numerous challenges, including:

Fear of Retaliation : Many victims fear escalating violence or retaliation if they report the abuse.
Emotional and Psychological Trauma : Victims may struggle with anxiety, depression, and PTSD due to their experiences, complicating their ability to seek help.
Financial Dependence : Economic barriers can prevent victims from leaving abusive situations, especially if they rely on their abuser for financial support.
Social Stigma : Victims may feel shame or stigma about their situation, which can hinder them from reaching out for the necessary support.

What Are Some Common Misconceptions About Domestic Violence?

Several misconceptions exist regarding domestic violence, including:

It Only Involves Physical Abuse : Many people associate domestic violence solely with physical acts. However, emotional and psychological abuse is just as serious and damaging. Financial abuse can also be serious, as can sexual abuse and control.
Victims Can Simply Leave : While leaving an abusive relationship is often the best option, it can be incredibly complicated and dangerous for victims to do so safely.
Domestic Violence Only Happens in Certain Demographics : Domestic violence can affect individuals of all ages, races, economic statuses, and backgrounds.

What if the Victim does not want to press charges?

In Michigan, the police have the discretion to file charges, and the prosecutor has the discretion to prosecute the charges. There is no right for the public to "press charges". "The People of the State of Michigan" press charges. Often in domestic violence situations, the victim does not want charges, but the police and prosecutor demand charges. If the police are called by anyone, including the alleged perpetrator, often charges are filed, even if the victim does not want to do so. This can be for numerous reasons, but it is often done to defuse the situation and to prevent further violence. This is why the prosecutor often asks for, and the judge usually grants, a No-Contact order as part of the bond conditions and the No-Contact is in place until the case is resolved. Then the No-Contact may even continue as a probation condition.

How Can Individuals Get Help?

If you or someone you know is a victim of domestic violence, it is crucial to seek help from local resources. Organizations like domestic violence shelters, hotlines, and legal assistance services can provide essential support. Michigan Coalition Against Domestic and Sexual Violence website can assist in locating local resources. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Education is important, and local resources can assist. There is no quick fix, and inaction may be the best safety action at the time. The victim needs someone to believe and listen to her/him. Avoid blaming the victim- it is not her/his fault. Take the victim's fears seriously. Additionally, contacting a criminal defense attorney for legal guidance can help those accused navigate their cases and understand their rights.

What are Potential Defenses Against Domestic Violence Charges?

There are several potential defenses that may be available to individuals charged with domestic violence in Michigan. These can include:

Self-Defense : Arguing that the defendant acted in self-defense or in the defense of others.
False Allegations : Demonstrating that the allegations are false or exaggerated, often due to ulterior motives.
Lack of Intent : Showing that the defendant did not intend to cause harm or that the incident was accidental.

Each case is unique and the availability of defenses will depend on the specific circumstances surrounding the incident.

Additionally, Michigan has a first-time domestic violence program. This is a special program to which the offender can plead with the consent of the prosecutor. A special probation program is entered that involves counselling for assault and violence (and possibly for drugs and alcohol if they were involved in the assault situation). If the offender successfully completes the probation, the charge is dismissed and you will not be considered as guilty of the charge. If you commit another assaultive crime while on probation, the judge would then adjudicate you as guilty. This program is only available for the first time domestic assault violator.

What is the Impact of a Domestic Violence Conviction on a Person’s Life?

A domestic violence conviction can have a profound impact on various aspects of a person's life. Beyond the immediate legal penalties, a conviction can affect employment opportunities, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record. It can also impact personal relationships and lead to social isolation.

Furthermore, a conviction can have long-term implications for child custody and visitation rights, as courts may view a history of domestic violence as a factor determining the best interests of the child.

Conclusion

Domestic violence is a pervasive issue in Michigan that warrants understanding and awareness. As a criminal defense attorney, it is crucial to provide accurate information regarding the laws, consequences, and resources available to both victims and those accused. Promoting education about domestic violence can ultimately foster a safer environment for individuals and families in our communities. If you or a loved one is dealing with a domestic violence charge, it is essential to seek legal counsel to navigate the complexities of the legal system and to explore all available defenses. As a Michigan criminal defense attorney, I am committed to providing informed and compassionate representation to those in need.

If you have more specific questions or need legal advice, feel free to reach out to a qualified attorney who can assist you further. You can contact Robert Peterson, Attorney at Law, P.C. for more information.

Understanding Child Abuse and Neglect Cases in Michigan: FAQs

Wed, 18 Sep 2024 18:11:11 GMT

Image by beasternchen from Pixabay

Understanding Child Abuse and Neglect Cases in Michigan: FAQs

As an attorney representing parents or serving as a Guardian ad litem in Child Abuse and Neglect cases in Ontonagon and Gogebic Counties, Michigan, I often encounter common questions. This blog aims to address these questions and provide an overview of the various stages in a typical case.

1. What constitutes child abuse and neglect in Michigan?

Child abuse and neglect involve harm or threatened harm to a child's health or welfare. This can include physical injury, sexual abuse, emotional harm, or neglect, such as failing to provide adequate food, clothing, shelter, or medical care.
Unfortunately, far too many of these cases stem from drug or alcohol usage by the parents placing the children in danger.

2. How can I recognize signs of neglect or abuse in my child?

Signs may include unexplained injuries, changes in behavior, withdrawal from friends or activities, poor hygiene, frequent absences from school, or reluctance to go home.

3. What should I do if I suspect my child is being neglected or abused?

It is important to report your suspicions to the appropriate authorities, such as Child Protective Services (CPS), and seek legal advice to understand your options.

4. What are the legal rights of parents in child neglect and abuse cases?

Parents have the right to due process, the right to an attorney (one can be appointed if the parent cannot afford one), the right to be informed of allegations against them, and the right to present evidence in their defense during court proceedings. The court can make orders concerning the parents incidental to the jurisdiction of the court over the juvenile and that are necessary for the physical, mental, or moral well-being of the juvenile or juveniles under the court's jurisdiction. A Handbook for Parents in the Child Protection System is provided here .

5. What are the stages of a Child Abuse and Neglect case?

Investigation: The process begins with an investigation by Child Protective Services (CPS) following a report of suspected abuse or neglect.
Preliminary Hearing: If CPS finds evidence of abuse or neglect, a petition is filed , and a preliminary hearing is held to determine if the child should be removed from the home. Orders can also be issued affecting a nonparent adult in the home.
Adjudication: The parents have a right to a civil (not criminal) trial to determine whether the court can assume jurisdiction in the case, which allows the court to issue orders to the parent and child in the case. This is a trial where the court decides if the allegations in the petition are true. The trial can be to the judge (bench trial) or to a jury. Often the parents will plead to the petition to allow jurisdiction in lieu of a trial. The parents can admit to the entire petition or portions of the petition. The parents can also plead no contest to the entire petition or portions of the petition. If the parents deny the petition, then the trial is scheduled for adjudication. If the trial finds that at least one of the grounds in the petition are true by a preponderance of the evidence, then the court assumes jurisdiction.
Disposition : If the court finds abuse or neglect, a disposition hearing determines the services and interventions needed for the family to resolve the case.
Disposition Review Hearings : These are held regularly to monitor the family's progress and the child's well-being.
Permanency Planning Hearing : This hearing determines the long-term plan for the child, whether it's reunification with the parents, adoption, or another permanent solution such as termination of parental rights.
Termination of Parental rights . Unfortunately if the child cannot be reunified with the parents or one of the other long-term plans are not suitable, a hearing on termination of parental rights is held. This is a trial to the judge concerning a termination petition which has been filed by DHHS.

6. What is the role of a Guardian ad litem?

A Lawyer- Guardian ad litem (LGAL) is appointed to represent the best interests of the child. The LGAL conducts an independent investigation, participates in court proceedings, and makes recommendations to the court regarding the child's welfare.

7. What happens during a child neglect or abuse investigation?

Investigations typically involve interviews with the child, parents, and other involved parties. CPS may also assess the child’s living environment and review any pertinent case history.

A report is produced by CPS and depending upon the seriousness, the report may be referred to the police, to the court as a result of a petition, handled informally by DHHS, or the case closed.

8. How can I protect my parental rights during an investigation?

It’s crucial to cooperate with the investigation while also securing legal representation to ensure your rights are protected and that you receive guidance throughout the process.

9. What resources are available for parents involved in neglect or abuse cases?

Many community organizations, support groups, and legal aid services provide resources and assistance to parents facing these challenges.
DHHS, the court, the Guardian ad litem, and your attorney can assist you with these services.
Some services will be ordered during the disposition phase of the case but other services may be voluntary undertaken before disposition or if not, ordered during the disposition phase.
Handbooks are available such as the Parent's Guide to Working with Foster Care and Handbook for Parents of Children in the Child Protective System

10. How can parents prepare for these cases?

Parents should engage with the services offered, maintain open communication with their attorney, and attend all court hearings.
Parents are entitled to parenting time if the child has been removed from their care, and it is very important that the parents attend all parenting times and that the parenting times go well.
It's crucial to demonstrate a commitment to addressing the issues that led to the case. If the case began due to drug or alcohol abuse, it is essential that the parents attend treatment and show substantial progress in their treatment.

11. What can I do to rebuild trust with my child after allegations of neglect or abuse?

Open communication, therapy for both you and your child, and consistent emotional support can help rebuild trust over time.

12. Can a previous allegation of neglect or abuse affect my future parenting rights?

Yes, previous allegations can have an impact on custody or visitation determinations, but each case is assessed on its specific circumstances.

13. Can my case proceed immediately to termination of parental rights?

A petition can request termination of parental rights at initial disposition if the parent is the perpetrator or fails to protect the child when there are aggravated circumstances such as:

o Abandonment

o Criminal Sexual Conduct with intended, attempted, or actual penetration

o Battering, torture, or other severe physical abuse

o Loss or serious impairment of an organ or limb

o Life threatening injury

o Murder or attempted murder.

o Risk of harm to child and either prior involuntary termination or prior voluntary termination in a case involving aggravated circumstances

No reasonable efforts are required to be performed by DHHS to prevent removal or reunification in these cases.

14. What are the possible outcomes of a Child Abuse and Neglect case?

Outcomes can vary, including reunification with the family, placement with relatives under a guardianship plan, adoption, long-term foster care, or dismissal of the case. The court's primary focus is the child's safety and well-being.

15. What are the grounds for termination of parental rights in Michigan?

The court may terminate a parent’s parental rights if the court finds by clear and convincing evidence one or more of the following:

The child has been deserted
The child or child’s sibling has suffered physical injury or physical or sexual abuse under one or more of the following circumstances:

o The parent’s act caused the abuse.

o The parent had the opportunity to prevent the abuse and failed to do so.

o A nonparent adult caused the abuse, and there is a reasonable likelihood that the child will suffer from injury or abuse of the nonparent adult in the foreseeable future if placed in the parent’s home.

The parent has failed to correct the conditions that led to an adjudication of child abuse or neglect, and there is no reasonable likelihood that the conditions will be corrected within a reasonable time considering the child’s age.
The parent has substantially failed, without good cause, to comply with a limited guardianship plan to the extent that the noncompliance has resulted in a disruption of the parent-child relationship.
The child has a guardian, and both of the following have occurred:

o The parent has failed, without good cause, to provide regular and substantial support for the child for 2 years or more.

o The parent has failed to regularly visit, contact, or communicate with the child, without good cause, for 2 years or more.

The parent, although, in the court’s discretion, financially able to do so, fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide property care and custody within a reasonable time considering the child’s age.
The parent is imprisoned for such a period that the child will be deprived of a normal home for more than 2 years, and the parent has not provided for the child’s proper care and custody, and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child’s age.
The parent’s parental rights to one or more siblings of the child or another child have been terminated due to serious and chronic neglect or physical or sexual abuse, and the parent has failed to rectify the conditions that led to the prior termination of parental rights.
There is a reasonable likelihood, based on the conduct or capacity of the child’s parent, that the child will be harmed if he or she is returned to the home of the parent.
The parent abused the child or a sibling of the child and the abuse included one or more of the following, and there is a reasonable likelihood that the child will be harmed if returned to the care of the parent:

o Abandonment of a young child

o Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate

o Battering, torture, or other severe physical abuse

o Loss or serious impairment of an organ or limb

o Life threatening injury

o Murder or voluntary manslaughter

o Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter

Regardless, if the court finds one or more of the above grounds for termination, the court must also find that termination is in the best interest of the child.

Conclusion

Navigating Child Abuse and Neglect cases can be challenging and emotional. Understanding the process and knowing what to expect can help parents and guardians advocate effectively for the child's best interests. If you have further questions or need legal assistance, feel free to contact a knowledgeable Juvenile Law Attorney. You can contact Robert Peterson, Attorney at Law, P.C. to assist you through this process.

Understanding OWI in Michigan: Frequently Asked Questions

Fri, 13 Sep 2024 18:34:59 GMT

Image by jarmoluk from Pixabay

Understanding OWI in Michigan: Frequently Asked Questions

As a criminal defense attorney in Ontonagon, Michigan, I often receive questions about Operating While Intoxicated (OWI) charges. Here are some of the most common inquiries and their answers to help you understand the legal landscape.

1. What is OWI in Michigan?

OWI stands for Operating While Intoxicated. It refers to operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while impaired by alcohol or drugs. With lower BAC levels you can still be charged with Operating While Impaired. BAC levels over 0.18% may be charged with Operating with a High BAC. OWI’s can also be enhanced if there is a death or serious injury. A juvenile can be charged with OWI Zero Tolerance if operating a vehicle with a BAC over 0.02%. See my blog for OWI laws .

2. What are the penalties for a first-time OWI offense?

A first-time OWI offense in Michigan can result in:

Fines up to $500
Up to 93 days in jail
Community service
License suspension for up to 180 days
Possible ignition interlock device installation
Collateral Consequences - see my blog for listing.

3. Are the penalties greater for a second or greater OWI offense?

The penalties are enhanced for successive OWIs.

Second Offense: Up to 1 year in jail, fines up to $1000, mandatory license suspension for 1 year, and a mandatory ignition interlock device.
Third or More Offenses: Felony charge with up to 5 years in prison, fines up to $5000, license revocation, and an ignition interlock device.

4. Can I refuse a breathalyzer test?

While you can refuse a breathalyzer test, Michigan's implied consent law means that refusal can lead to an automatic license suspension for one year, six points on your driving record, and no immediate restricted license availability. Under Michigan implied consent law, meaning that by operating a vehicle, you consent to breath, blood, or urine testing if arrested for OWI. If the officer has probable cause, he/she will probably seek a search warrant to request a blood draw to test for alcohol/drugs.

If you are absolutely certain that you had only one or two drinks in a 4 hour period, take all the tests to avoid OWI charges. However, remember that your judgment and memory are affected when you have been drinking and you might have forgotten a few other drinks. If you cannot remember or had more than two drinks, you can politely refuse any tests. You will lose driving privileges, but you might restrict the officer's testimony to how you drove (which might have other explanations). However, as stated above, if the officer has probable cause, he might obtain a search warrant for a blood draw.

5. Can I refuse the Field Sobriety Tests (FSTs)?

You do have a right to refuse the Field Sobriety Tests and there should be no penalties for refusal. FSTs are designed to test balance, attention, and cognitive/physical abilities which may be compromised by alcohol or drug use. These tests are subjective and other factors such as medical conditions like arthritis, artificial limbs, balance problems, neurological problems, and medications can affect the results. The results can be utilized by the officer as probable cause for a Preliminary Breath Test (PBT).

6. Can I refuse the Preliminary Breath Test (PBT)?

You can refuse the PBT, but it does come with a civil infraction and a fine of up to $150. If you are under 21 years of age, two points will likely be added to your driving record. The PBT is usually given at the road stop and is different from the breath, blood, or urine tests. These tests are usually taken at the police station or the hospital. Refusal of a breathalyzer or other chemical test is a violation of the implied consent law. Refusal of the PBT is not a violation of the implied consent law. The PBT is usually given to provide probable cause for an arrest for OWI.

7. What is the difference between OWI, OWVI, and DUI?

In Michigan, OWI is the term used for drunk driving offenses, while DUI (Driving Under the Influence) is a more general term used in other states. Both refer to operating a vehicle while impaired by alcohol or drugs. OWVI is the term used for operating a vehicle while visibly impaired.

8. Can I be charged with OWI while driving a All Terrain Vehicle?

In Michigan, you can be charged with OWI while operating an All Terrain Vehicle. Motor vehicle is defined in MCL 257.33 and is described as a self-propelled vehicle but does not include by law, industrial equipment such as a forklift, construction equipment not subject to registration, power driven mobility devices, commercial quadricycle, electric bicycle, or electric skateboard. Other self propelled vehicles such as ATVs are included in the code for OWI.

9. Can I be charged with OWI while sitting in my car?

In Michigan, the charge is operating, not necessarily driving. If you have actual physical control over the vehicle, for example keys in the ignition or possibly even operating the radio, you could be charged with OWI. If you are sitting in a seat other than the driver’s seat, the charge would be questionable.

10. Can I be charged with OWI while on private property?

In Michigan, the charge is operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles. This includes parking lots, parking areas which could be private business lawns if used for parking, and yes, even private driveways.

11. How can an attorney help with an OWI charge?

An experienced attorney can:

Evaluate the evidence against you
Challenge the legality of the traffic stop
Negotiate plea deals
Represent you in court to seek reduced penalties or dismissal

12. What should I do if I'm pulled over for suspected OWI?

Remain calm and polite
Provide your license, registration, and proof of insurance
Avoid making incriminating statements
Contact an attorney as soon as possible

13. Can an OWI charge be expunged from my record?

As of recent changes in Michigan law, certain OWI offenses may be eligible for expungement. Consult with an attorney to explore your options.

Conclusion

Facing an OWI charge can be daunting, but understanding your rights and the legal process can make a significant difference. If you have more questions or need legal assistance, feel free to contact Robert Peterson, Attorney at Law, P.C. for a consultation.

Legal Links

Wed, 11 Sep 2024 02:31:11 GMT

This is a collection of my Legal Links which may assist the reader. This list is produced to assist readers in Michigan and may not be applicable to other jurisdictions. We are not responsible for websites that have changed addresses but would appreciate any additions or corrections to this list to keep it current and to add new links to assist others. This website cannot be considered as legal advice and the user is advised to consult with a licensed attorney in their jurisdiction for legal advice.

See my Disclaimers concerning this list.

Alcohol

Michigan Liquor Control Code, Rules and related laws

Michigan Liquor Control Code - MCL 436.1101-2303.

Michigan Liquor Control Commission

Attorney Assists

MiFile : A site for efiling Michigan court documents for selected courts.

MI SCAO forms : The site for downloading Michigan court forms

MI Inventory Fee Calculator : A site for calculating the inventory fee for probate cases in Michigan

ICLE : Institute for Continuing Legal Education- Materials for updating legal skills

CE Broker : a site to keep track of CLE credits

Law Story : Winning Advocacy through Story

Trustate : Probate Estate Software and Assistance

WealthCounsel : Trust and Estate Planning Software

Crystal Knows: Personality Indicator

State Bar of Michigan Ethics Helpline: 877-558-4760

State Bar of Michigan Practice Management Helpline: 800-341-9715

Attorney Management Systems

MyCase : A case Management System

Case Status : A program to assist in communicating with clients:

Clio : A Case Management System

Bluestylus : A program for billing and for bankruptcy case management

Aviation

Aircraft Search

Federal Aviation Admin (FAA)

National Airspace System Status

Notices to Airmen (NOTAM)

Bankruptcy

US Bankruptcy Ct, Eastern District of Michigan

US Bankruptcy Ct, Western District of Michigan

FRBP : Federal Rules of Bankruptcy Procedure

PACER : Public Access to Court Electronic Records

Bankruptcy Forms

MI Bankruptcy Information

Means Testing - US Trustee Site

11 US Code - Bankruptcy

Section 341 Meeting of Creditors

Bankruptcy Information Sheet

Chapter 7 Calculator

MI Bankruptcy Exemptions : MCL 600.5451

Federal Bankruptcy Exemptions : 11 USC 522

Bar and Attorney Organizations

Michigan State Bar : The website for the Michigan State Bar

American Bar Association : The website for the American Bar Association

National Academy of Elder Law Attorneys : NAELA- Organization dedicated to improving legal services to elderly

American Academy of Estate Planning Attorneys : AAEPA-

Case Search

LexisNexis : A paid legal case search system

Casetext : A paid legal case search system now with Thomson Reuters with CoCounsel, an AI search

WI Court Search : A Wisconsin court search

MI Supreme Court and Court of Appeals Opinion Search : A Michigan opinion search

MI Court of Claims Case Search

Fastcase : A paid legal case search system

Westlaw : A paid legal case search system

PACER : Public Access to Court Electronic Records (Federal)

Child Custody, Divorce, Support, Abuse

MI Quick Reference-Altering Commitment Order Checklist

MI Quick Reference- Alternative Contempt Track Plan Checklist

MI Quick Reference- Bond Review Hearing Checklist

MI Quick Reference- Changing Child Custody or Parenting Time for Deployed Parent Checklist

MI Quick Reference- Changing Child's Legal Residence Checklist

MI Quick Reference- Child Custody Dispute Between Parents Checklist

MI Quick Reference- Child Custody Dispute Involving Agency Checklist

MI Quick Reference- Child Custody Dispute Involving Third Person Checklist

MI Quick Reference- Child Custody Involving Guardian Limited Guardian Checklist

MI Quick Reference- Conditional Release Pending Bench Warrant Hearing Checklist

MI Quick Reference- Contempt for Parenting Time Violation Checklist

MI Quick Reference- Contempt for Support Arrearage (Payer Appears) Checklist

MI Quick Reference- Contempt for Support Arrearage (Payer Fails to Appear) Checklist

MI Quick Reference- Contesting Implementation of Income Withholding Checklist

MI Quick Reference- Contesting the Validity or Enforcement of a Registered Order Checklist

MI Quick Reference- Determine or Modify Interstate Child-Custody Dispute (Hearing)

MI Quick Reference- Determine or Modify Interstate Child-Custody Dispute (Preliminary Matters)

MI Quick Reference- Determining that a Child's Presumed Father Is Not a Child's Father

MI Quick Reference- Determining that a Genetic Father Is Not a Child's Father

MI Quick Reference- Divorce Checklist

MI Quick Reference- Enforcement of an Intrastate Support Order

MI Quick Reference- Enforcement of Foreign Support Order

MI Quick Reference- Establishing an Intrastate Support Order Checklist

MI Quick Reference- Establishing Grandparenting Time Checklist

MI Quick Reference- Establishing Parenting Time Checklist

MI Quick Reference- FSA Checklist

MI Quick Reference- FSA Default Checklist

MI Quick Reference- Hearing on License Suspension for Arrearage

MI Quick Reference- Hearing on Petition for Emancipation Checklist

MI Quick Reference- Hearing on the Merits of the Bench Warrant Checklist

MI Quick Reference- Issuance of Child Support Checklist

MI Quick Reference- License Suspension for Arrearage Checklist

MI Quick Reference- Modification of an Intrastate Support Order Checklist

MI Quick Reference- Modification of Child Support Checklist

MI Quick Reference- Modification of Foreign Support Order

MI Quick Reference- Modification of Out-of-State Child Support Order Flowchart

MI Quick Reference- Modification of Parenting Time Checklist

MI Quick Reference- Modification of Parenting Time Flowchart

MI Quick Reference- Objection to Military Service Adjustment Checklist

MI Quick Reference- Ordering Payment Plan for Arrearages Checklist

MI Quick Reference- Register Interstate Child-Custody Determination Checklist

MI Quick Reference- Registration of Foreign Order for Enforcement Purposes

MI Quick Reference- Registration of Foreign Support Order for Modification Purposes

MI Quick Reference- Repayment Plan for Discharge and Waiver of Surcharges Checklist

MI Quick Reference- Request for Enforcement of Child-Custody Determination (Preliminary Matters)

MI Quick Reference- Request for Enforcement of Child-Custody Determination (Hearing)

MI Quick Reference- Request to Determine Controlling Order Checklist

MI Quick Reference- Rescission of Emancipation Checklist

MI Quick Reference- Setting Aside an Acknowledgment of Parentage

MI Quick Reference- Setting Aside an Order of Filiation

MI Quick Reference- Suspension of Immediate Income Withholding Checklist

MI Quick Reference- Suspension or Termination of Income Withholding Checklist

NACC : Website for National Association of Counsel for Children

ABA Tips and Tools in Child Advocacy : American Bar Association tips

Office of Child Advocate : Michigan OCA

DHHS Policy Manuals : Michigan site for Dept Health and Human Services policy manuals

MI Penal Code re Children : MCL 750.135 - 750.145h.

MI Child Protection Act of 1975 : MCL 722.621 - 722.638

MI Probate Code re Abuse and Neglect : MCL 712A.19- 712A.22

Model Jury Instructions - Child Protection Proceedings: M Civ JI 97.01- 97.61

MI Model Criminal Instructions - Child Abuse M Crim JI 17.18- 17.24

MDHHS Child Support - website

MI Support and Parenting Time Enforcement Act of 1982 : MCL 552.601 - 552.650

Understanding Child Support Handbook - Michigan Office of Child Support

MI Child Support Formula Manual : 2021 Manual

MI Child Support Calculator : DHHS 2021

Legal Help for Michigan CPS and Child Abuse Cases :

MI Child Protective Proceedings Benchbook- 4th Edition : A Guide to Abuse and Neglect

MI Adoption Proceedings Benchbook:

2017 Michigan Child Support Formula Manual

2017 Child Support Formula Supplement-Responsive HTML5.zip

2017 Michigan Child Support Formula Manual Supplement (printable - PDF)

2021 Child Support Formula Manual

2021 Michigan Child Support Formula Manual Supplement

2021 Michigan Child Support Formula Manual (printable - PDF)

2021 Michigan Child Support Formula Manual Supplement (printable - PDF)

Custody and Parenting Time Investigation Manual

Parenting Time Guidelines by County

MI Limiting Family Court Access Benchcard

Additional Fee for Filing Custody, Support or Parenting Time Cases

Divorce Legal Help forms

Domestic Relations SCAO forms

Emancipation SCAO forms

Juvenile SCAO forms

Safe Delivery of Newborn SCAO forms

MSP Forensic Interview Protocol Manual

MI Forensic Interviewing Protocol : 5th Edition

MI Sex Abuse experts

Blog on use of Child Safety Expert

Handbook for Parents of Children in the Child Protective System

A Parent's Guide to Working with Foster Care

Child Guardianship Policy Manuals

Minor Guardianship (Limited)

Minor Guardianship (Full)

Minor Conservatorships (Eaton County)

Emancipation of Minor

Know Your Rights - Michigan Alliance for Families

Child- Juvenile Delinquency

MI Juvenile Justice Benchbook

MJJAS/OYAS Detention Screening Tool

Minor in Possession Sentencing Chart

Memo on Nonpublic Records

Juvenile SCAO forms

Juvenile Designated SCAO forms

Juvenile Competency Evaluations - Partners in Change

Juvenile Forensic Mental Health Examiners : DHHS List

MI DHHS Juvenile Justice Manual

Interstate Compact Rules on Juveniles

Civil Rights

ADA laws and Regs : Americans with Disabilities Act and Regulations

Civil Rights Law Library : From DOT website

Civil Rights Div of DOJ : Dept of Justice website

USCCR : US Commission on Civil Rights

Title VII of Civil Rights Act of 1964 : EEOC website

Civil Rights Act of 1875 : US Senate website

MI Dept of Civil Rights : MDCR website

MI Civil Rights Laws : Dept of Civil Rights website

MI Civil Rights Complaint Request Form : MDCR website

IDEA- Individuals with Disabilities Education Act -Dept of Education

20 USC Ch 33 -IDEA

CLE

Strafford : webinars for attorneys and CPAs

ABA : Webinars

West LegalEdcenter : 600+ courses

ICLE : Continuing Ed

Justia : CLE and Webinars

Law Story : Winning Advocacy through Story

CE Broker : a site to keep track of CLE credits

Confessions:

False Confession Study

Controlled Substances:

MI Quick Reference- CS Penalty Table

MI Quick Reference- Immunity under Medical Marihuana Act Section 4 Flowchart

MI Quick Reference- Immunity under Medical Marihuana Act Section 8 Flowchart

MI Public Health Code- Controlled Substances : MCL333.7101-333.7545.

MI Controlled Substances Benchbook

MI Quick Reference- Setting Aside a Conviction for Misdemeanor Marijuana Offense

MedLine Plus : Drug and Supplement Listing

Addiction Help.com

Court Rules

MI Court Rules : The listing of Michigan court rules (MCR)

Local Court Rules: A listing of local court rules

MI Rules of Evidence : The rules of evidence for Michigan courts

MI Rules of Professional Conduct : The Michigan rules for attorney conduct.

MI Model Civil Jury Instructions : The model jury instructions for civil trials- includes Neglect and Abuse cases

MI Model Criminal Jury Instructions : The model jury instructions for criminal trials

MI Rules of Judicial Conduct : The Michigan rules for judges

Michigan Code of Judical Conduct-Annotated

MI Rules concerning the State Bar : The Michigan rules for the State Bar

MI Rules for the Board of Law Examiners : The Michigan rules for the Board of Law Examiners

FRCP : Federal Rules of Civil Procedure

FRE : Federal Rules of Evidence

FRAP : Federal Rules of Appellate Procedure

FRBP : Federal Rules of Bankruptcy Procedure

FRCRP : Federal Rules of Criminal Procedure

2254/2255 : Federal Rules Governing Habeas and Sentence Vacates/setasides

US Sentencing Guidelines : US Sentencing Commission Guidelines Manual

Public Right to Access Remote Hearings

Setting up Zoom Proceedings Checklist

Zoom 101

Criminal Sexual Conduct and Sex Crimes

MI Penal Code re Rape : MCL750.520 -750.520o

MI Model Criminal Jury Instructions : M Crim JI 20.1- 20.40

Sex Crimes and Definitions in Michigan : RAINN.org

Sex Offender Registration FAQs : Michigan State Police website

MI Sex Offender Registration Act of 1994 (SORA): MCL 28.721 - 28.736

34 USC 209 Adam Walsh Child Protection and Safety Act of 2006 : SORNA

Citizen's Guide to Child to US Federal Child Exploitation and Obscenity Laws : DOJ Website

MI Sexual Assault Benchbook

MI Sex Registry : Michigan State Police Sex Registry

ICHAT : Michigan Criminal Records Search

MI Model Procedure for Court Ordered Counseling and Testing for Infectious Diseases

Sex Offender Registration Matters SCAO forms

DOVE, Inc. : Provides Domestic Violence and Sexual Assault Services in Gogebic Co, MI and Iron Co., WI.

A National Protocol for Sexual Assault Medical Forensic Examinations

MSP Procedure Manual 07-14 : Sex Offender Registry and Enforcement

Nationwide Sex Offender Search

Michigan ACLU SORA website

Michigan ACLU SORA Legal Challenges

M ichigan ACLU Info on Does III (SORA lawsuit)

Sex Crimes in your State : RAINN Database

Divorce- see also Child Custody, Divorce, Support, Abuse

Divorce under Islamic laws

Divorce under Islamic Law

Domestic Violence

Michigan Coalition to End Domestic & Sexual Violence : MCEDSV website

Domestic & Sexual Violence Act of 1978: MCL 400.1501 - 400.1511

MSP Domestic Violence Awareness : Michigan State Police Website

MDHHS Hotline : MDHHS hotline information

MI Penal Code re Assaults : MCL750.81 -750.90h.

MI Model Criminal Jury Instructions : M Crim JI 7.1 Defenses, 17.2a Domestic Assault

Legal Help Personal Protection Orders : Documents and Assistance for obtaining, servings and responding to PPOs.

MI Domestic Violence Benchbook

US Code on Restrictions of Firearms for DV : 18 U.S.C. § 922(g)(9)

DOVE, Inc. : Provides Domestic Violence and Sexual Assault Services in Gogebic Co, MI and Iron Co., WI.

MSP Procedure Manual 07-06 : Investigating Domestic Violence

ATF Listing Misdemeanor Crimes of Domestic Violence Prohibitions

Driver's License

Michigan Driver's License Information including Points

Findlaw - Points by state

Nolo Traffic Violation Point System

MI Driving Privileges and Sanctions

MCL 257.304 Restricted License

MCL 257.319 Cancellation, Suspension or Revocation of License

MCL 257.320a Statute with Michigan Points listed

Michigan Legal Help - Suspension of License

Driver's License Restoration

Secretary of State OHAO Package

License Restoration

MI State Bar - Issue Spotting Drivers License Restoration

MI Admin Regulation on Drivers License Hearing

In-State v Out-of-State Restoration

Education

Student Rights - ACLU

Student Bill of Rights - National Youth Rights Assn

20 USC 1232g - Family Education Rights and Policy Act (FERPA)

A Parent Guide to the Family Education Rights and Policy Act

Protection of Pupil Rights Amendment (PPRA) General Guidance

IEP- Individualized Education Plan - Michigan Dept of Education

Know Your Rights - Michigan Alliance for Families

Accommodations and Modifications

Resolving Disputes

IEP Resources

IDEA- Individuals with Disabilities Education Act -Dept of Education

20 USC Ch 33 -IDEA

Early Intervention for Infants and Toddlers - Sect 303

Parental Rights under IDEA

Right to Receive a Complete Explanation of IDEA's Procedural Safeguards

Elder Abuse

NCEA : National Center of Elder Abuse

MI AG : Elder Abuse, Neglect, and Exploitation

MI Penal Code on Adult Abuse : MCL 750.145n

MI Legal Help : What is Elder Abuse

MI Model Criminal Jury Instructions : M Crim JI 17.30 - 17.33

Prosecutors' Resource-Elder Abuse : Aequitas Resource

National Adult Protective Services Assn

EAGLE -Elder Abuse Guide for Law Enforcement.

MSP Procedure Manual 07-11 : Vulnerable Adult Investigations

Employment

DOL Major Laws : Dept Labor Website

Labor Laws : USA.GOV website

FAQ LEO : Michigan Labor and Economic Opportunity Website

State Labor Laws : DOL website

Prohibited Employment Practices : EEOC website

MI Min Wage : LEO website

MI Required Employment Posters : LEO Website

Free MI Poster Downloads : laborposters.org

Michigan Employee Handbook Requirements : SixFifty Website

Employee Handbook : Handbooks.io

MI Employment & Vocational Experts

Evidence

MI Quick Reference- Admission of Expert Testimony and Covid 19 Considerations

MI Quick Reference- Common Motions in Limine Table

MI Quick Reference- Commonly Recognized Privileges Table

MI Quick Reference- Hearsay Flowchart

MI Quick Reference- Other-Acts Evidence Flowchart

MI Quick Reference- Test for Admissibility and Ruling Flowchart

MI Evidence Benchbook

MI Rules of Evidence : The rules of evidence for Michigan courts

FRE : Federal Rules of Evidence

Experts

MedQuest : Personal Injury and Med Mal

Injury Reporting Consultants : Personal Injury, Workmans Comp

Expert Institute : Expert Referral

Expert Witness Directory

Expert List - Calhoun County Expert List

Drug and Alcohol Testing:

NMS Labs : Toxicology testing- Drugs, Alcohol

Michigan Court Services, Inc.

Polygraph- Kenneth MacEachem-(517) 331-2020

Competency, Responsibility, schizophrenia, drug induced psychosis, beliefs v delusions- Dr. Sami Farhat

OWI- William Maze

MI Sex Abuse experts

MI Expert Witness List

False Confessions:

Dr. Saul Kassin

Dr. Brian Cutler - eyewitness ID, interrogations, false confessions, forensic psychology

Dr. Jeff Kaplan

Dr. Kyle Scherr (Central Michigan University) - suspect decisions during interrogation, wrongful convictions and experiences, forensic evidence gathering

Dr. Stephanie Madon

Child Psychologists - Partners in Change

DNA- Michigan Court Services, Inc.

Art Appraisals: Detroit Fine Art Appraisals

Federal Govt and Law

US Government Manual : Official Handbook of the US Govt

Justice Manual : formerly US Attorney's Manual- a summary of federal legal issues and procedures

Dept of Justice : DOJ website

Bureau of Alcohol, Tobacco, Firearms : ATF Website

Federal Bureau of Investigation : FBI Website

Federal Virtual Law Library : DOJ Federal Virtual Library

Agency Decisions : AG/BIA, OCAHO decisions

Attorney General : Website for AG

AG Guidance : AG Guidance Documents

USCIS : US Citizenship and Immigration Services website

US DOD : US Department of Defense website

DOD Rules and Guidance : DOD regulations, rules, and guidance

UCMJ : Uniform Code of Military JusticeU

Manual for Courts-Martial : MCM 2024

US Army : US Army website

US Congress : Website for US Congress

US Constitution Annotated : US Constitution Explained

Founding Documents : US Founding Documents

Library of Congress : Library of Congress website

Office of Legal Counsel : DOJ Office of Legal Counsel Opinions

Supreme Court Opinions : Opinions of US Supreme Court

BIA : Bureau of Indian Affairs

6th Circuit : US Court of Appeals for Sixth Circuit

WD Mich : Western District of Michigan US District Court

ED Mich : Eastern District of Michigan US District Court

NWS : National Weather Service- Forecasts and Past Weather

FRCP : Federal Rules of Civil Procedure

FRE : Federal Rules of Evidence

FRAP : Federal Rules of Appellate Procedure

FRBP : Federal Rules of Bankruptcy Procedure

FRCRP : Federal Rules of Criminal Procedure

2254/2255 : Federal Rules Governing Habeas and Sentence Vacates/setasides

US Sentencing Guidelines : US Sentencing Commission Guidelines Manual

US Parole Comm : US Parole Commission Website

NHTSA : National Highway Traffic Safety Admin.- recalls, risky driving, specs for testing devices

NTSB : National Transportation Safety Board- accident investigation. CAROL (Case Analysis and Reporting Online)

SEC : Securities and Exchange Commission

Securities Statutes and Regulations : SEC website

Regulations.gov : New and pending regulations

Fed Laws and Regulations : Federal site website

CFR : Code of Federal Regulations

Federal Register : Daily Journal of US Govt

DOL Regs : Dept of Labor Regulations

Treasury Regs : Dept of Treasury Regulations

ADA laws and Regs : Americans with Disabilities Act and Regulations

EPA Laws and Regs : Environmental Protection Agency website

USCIS : US Citizenship and Immigration Services website

US DHHS : Dept Health and Human Services Laws & Regs

DOT Regs : Dept of Transportation Regulations

DOL Major Laws : Dept of Labor Major Laws

Dept Education Laws : Dept of Education laws and policy

USDA Regs : US Dept of Agriculture Regulations

US Fish and Wildlife Regs : US Fish and Wildlife website

Dept of Interior Laws and Regs : Dept of Interior website

FDA Regs : Food and Drug Admin website

National Archives

Federal Court forms

Financial Crimes Enforcement Center

Fees and Costs

Fines, Fees, Costs and Rates: Michigan Courts webpage

Circuit Court Fee and Assessment Table

District Court Fee and Assessment Table

Probate Court Fee and Assessment Table

Motion Fees

Fines and Costs Distribution in District Ct.

Mileage Rates

Travel Rates

Late Fees

Financial Resources

Financial Resources for Michigan Families

MI Quick Reference - Ability to Pay Court Fines and Costs

Firearms

Bureau of Alcohol, Tobacco, Firearms : ATF Website

AG Guidance : AG Guidance Documents

Second Amendment Foundation : Pro Second Amendment Litigating Group

USCCA : US Concealed Carry Assn

Firearm Laws in MI : Handbook on Firearm Laws in Michigan

Concealed Carry : Michigan State Police website on Concealed Carry

MI Firearms Act of 1927 : MCL 28.421 - 28.435

MI Penal Code re Firearms : MCL 750.222 - 750.239a

US Code re Firearms : 18 US Code Chapter 44

Model Criminal Jury Instructions : M Crim JI 7.15-7.25a (Self Defense), 11.1-11.38a (Weapons)

Federal Prohibitions-Background Checks for Firearms

ATF Listing Misdemeanor Crimes of Domestic Violence Prohibitions

Federal Firearms Regulations Reference Guide : ATF

Freedom of Information (FOIA)

Michigan AG FOIA Info : FOIA Info on Michigan's AG website

Michigan Access to Court Records Security Matrix

Freedom of Information Act of 1976 : MCL 15.231 -15.246

FOIA.gov : Federal government FOIA website

FOIA Wizard : Search for info across Federal govt.

Search for Federal Agency Contact

Guardianships and Conservatorships

MI Quick Reference- Introduction to Conservatorships and Guardianships

MI Quick Reference- Appointment of Conservator-Issuance of Protective Order Checklist

MI Quick Reference- Appointment of Guardian of Incapacitated Individual Checklist

MI Quick Reference- Appointment of Guardian of Individual with Developmental Disability Checklist

MI Quick Reference- Appointment of Guardian of Minor Checklist

MI Quick Reference- Appointment of Guardian of Minor Indian Child Checklist

MI Quick Reference- Appointment of Limited Guardian of Minor Checklist

Conservatorship SCAO forms

Guardianship SCAO forms

Juvenile Guardianship SCAO forms

Guide for Michigan's Adult Guardianship Process

Child Guardianship Policy Manuals

Handbook for Guardians of Adults

Minor Guardianship (Limited)

Minor Guardianship (Full)

Guardianship for Legally Incapacitated Adults

Guardianship for Developmentally Disabled

Annual Reports for Guardians

Conservatorship in Michigan

Handbook for Conservators of Adults

Minor Conservatorships (Eaton County)

Conservatorship for Legally Incapacitated Individuals

Guardianship for the Developmentally Disabled : MCL 330.1600-1644

Immigration

Federal Virtual Law Library : DOJ Federal Virtual Library

USCIS: US Citizenship and Immigration Services website

Immigration Law Firm: Antone, Casagrande & Adwers, PC.

Interest Rates

Interest Rates for Money Judgments in MI State Courts: MCL 600.6013

Past Interest rates for Money Judgments in MI State Courts

Investigations

Crime Scene Investigations : A Guide for Law Enforcement

False Confession Study

A National Protocol for Sexual Assault Medical Forensic Examinations

Traffic Control Order Manual

MSP Procedure Manual 06-01: Speed Enforcement

MSP Procedure Manual 07-05 : Investigating Incidents involving Juveniles, Child Abuse, and Missing Juveniles

MSP Forensic Interview Protocol Manual

MI Forensic Interviewing Protocol : 5th Edition

MSP Procedure Manual 07-06 : Investigating Domestic Violence

MSP Procedure Manual 07-11 : Vulnerable Adult Investigations

MSP Procedure Manual 07-14 : Sex Offender Registry and Enforcement

MSP Procedure Manual 07-21 : Eyewitness Identification

Investment Fraud

Law Offices of Christopher H. Tovar, PLLC

Judicial Disqualification

Judicial Disqualification in Michigan Benchbook

MI Quick Reference- Judicial Disqualification Checklist

MI Quick Reference- Judicial Disqualification Flowchart

Laws:

Laws-International Laws

UN : UN Charter

International Law : International Law

International Treaties : Listing of International Treaties

Human Rights Laws : Human Rights Laws Listing

Convention on Law of Sea : UN Convention on Law of Sea

Space Treaties : International Space Treaties

ICJ : International Court of Justice

EU : European Union Homepage

Laws-Michigan Compiled Laws (MCL)- selected laws:

Michigan Constitution

MCL Search : A Michigan Code search

MI Freedom of Information Act of 1976 : MCL 15.231 -15.246

MI Open Meetings Act Act of 1976 : MCL 15.261 - 15.275

MI Whistleblower Protection Act of 1980 : MCL 15.361 - 15.369

MI Firearms Act of 1927 : MCL 28.421 - 28.435

MI Sex Offender Registration Act of 1994 (SORA ): MCL 28.721 - 28.736

MI Internet Privacy Protection Act of 2012 - MCL 37.271 - 37.278

MI Elliott-Larsen Civil Rights Act of 1976 : MCL 37.2101 - 37.2804

MI Stille-Derossett-Hale Single State Construction Code Act of 1972 - MCL 125.1501 - 125.1531

MI Zoning Enabling Act of 2006 - MCL 125.3101 - 125.3702.

MI General Property Tax Act of 1893 : MCL 211.1 -211.157

MI Motor Vehicle Code Act of 1949 : MCL 257.1 - 257.923.

MI Motor Vehicle Code OWI and Reckless Driving : MCL 257.625 - 257.626c

MI Motor Vehicle Code Penalties : MCL 257.901 - 257.910..

MI Natural Resources and Environmental Protection Act of 1994 : MCL 324.101 - 324.90106

MI Mental Health Code of 1974 : MCL 330.1001-330.2106

MI Guardianship for the Developmentally Disabled : MCL 330.1600-1644

MI Public Health Code of 1978: MCL 333.1101-333.25211.

MI Public Health Code- Controlled Substances : MCL 333.7101-333.7545.

MI Liquor Control Code - MCL 436.1101- 2303.

MI Identity Theft Protection Act of 2004 - MCL 445.61- 445.79d

MI Insurance Code of 1956 : Michigan Insurance Law. MCL 500.100-500.8302.

MI Family Support Act of 1966 : Michigan law on Family Support MCL 552.451-552.459

MI Support and Parenting Time Act of 1982 : Michigan law on support and enforcement. MCL 552.601-552.650.

MI Interstate Income Withholding Act of 1985 : Michigan law on withholding of Income enforcement for support. MCL 552.671-552.685.

MI Uniform Interstate Family Support Act of 2015 : Michigan law making uniform the enforcement of support. MCL 552.2101 -552.2905.

MI Real and Personal Property : Michigan law on real and personal property. MCL 554.1-554.1070.

MI Landlord and Tenant Relationships of 1972 : MCL 554.601-554.616.

MI Uniform Transfers to Minors Act of 1998 : Michigan law on transfers to minors. MCL 554.521-554.552.

MI Trespass Liability Act of 2014 : Michigan law on trespass. MCL 554.581-554.583.

MI Truth in Renting Act of 1978 : Michigan law on Rental Agreements. MCL 554.631 -554.641.

M I Uniform Power of Attorney Act of 2023 : Michigan law on Power of Attorney MCL 556.201-556.505.

MI Land Division Act of 1967 : Michigan law on the division of land. MCL 560.101 -560.293.

MI Marketable Record Title Act of 1945 : Michigan law on defining a marketable record title. MCL 565.101 -565.109.

MI Revised Judicature Act of 1961 : MCL 600.101 - 600.9948

MI Extreme Risk Protection Order Act of 2023 : MCL 691.1801 - 691.1821

MI Estates and Protected Individuals Code of 1998 : Michigan EPIC law. MCL 700.1101-700.8206.

MI Probate Code of 1939 : MCL 701.1 - 713.6

MI Jurisdiction, Procedure, and Disposition Concerning Minors : Chapt XIIA of Probate Code Act of 1939 (MCL 712A.1- 712A.32)

MI Child Custody Act of 1970 : MCL 722.21 - 722.31.

MI Child Abuse and Neglect Prevention Act of 1982 : MCL 722.601 - 722.613.

MI Child Protection Act of 1975 : MCL 722.621 - 722.638

MI Paternity Act of 1956 : MCL 722.711 - 722.730.

MI Acknowledgment of Paternity Act of 1996 : MCL 722.1001 - 722.1013.

MI Revocation of Paternity Act of 2012 : MCL 722.1431 - 722.1445.amended

MI Penal Code of 1931 : Michigan Penal Code MCL 750.1 -750.569)

MI Penal Code re Assaults : MCL 750.81 -750.90h.

MI Penal Code re Children : MCL 750.135 -750.145h.

MI Penal Code re Firearms : MCL 750.222 -750.239a

MI Penal Code re Larceny : MCL 750.356 -750.367c.

MI Penal Code re Punishments : MCL 750.503 -750.506a.

MI Penal Code re Rape : MCL 750.520 -750.520o.

MI Code of Criminal Procedure : MCL 760.1 - 777.69

MI Setting Aside Convictions Act of 1965 : MCL 780.621 - 780.624 (Expungement)

MI Building Codes : Building Codes

MI Civil Rights Laws : Dept of Civil Rights website

MI Administrative Code Search

Laws- Federal Laws and Regulations:

US Code Search : A search for US code law

US Crimes : Title 18 of US Code

US Sentencing Guidelines : US Sentencing Commission Guidelines Manual

Securities Statutes and Regulations : SEC website

Regulations.gov : New and pending regulations

Fed Laws and Regulations : Federal site website

CFR : Code of Federal Regulations

Federal Register : Daily Journal of US Govt

DOL Regs : Dept of Labor Regulations

Treasury Regs : Dept of Treasury Regulations

ADA laws and Regs : Americans with Disabilities Act and Regulations

EPA Laws and Regs : Environmental Protection Agency website

US DHHS : Dept Health and Human Services Laws & Regs

Selected US Codes : From DOT website

DOL Major Laws : Dept of Labor major laws

Dept Education Laws : Dept of Education laws and policy

Dept of Interior Laws and Regs : Dept of Interior website

State Laws and Admin Codes : Justia website

US Law and Regs : UC Berkley website

HUD Laws and Regs : Housing and Urban Development website

US Privacy Law collection : Epic.org

Legal Aid

Michigan Legal Services : Website for Michigan Legal Services

Michigan Legal Help : Website for Michigan Legal Help

Listing of Legal help sites : A listing of legal help sites by the University of Michigan Law School

Legal Services Corp : Legal Services Corporation

Legal Help MI Questions for Do-It-Yourself Divorce : Produces Divorce Documents for Low Income Persons

Legal Help MI Custody Case for Unmarried Parents : Produces Custody Documents for Low Income Unmarried Persons

Legal Help MI Small Claims : Documents and Assistance for Small Claims Help for Low Income Persons

Legal Help MI Debt Collection Answer : Documents and Assistance for Answering Debt Collection Lawsuit.

Legal Help MI Eviction Answer : Documents and Assistance for Answering Eviction or setting aside default

Legal Help MI Personal Protection Orders : Documents and Assistance for obtaining, servings and responding to PPOs.

Legal Help for MI PPOs - domestic, stalking, sexual assault: Documents and Assistance for obtaining PPOs.

Legal Help for MI Name Change : Documents and Assistance in Changing Name

Legal Help for MI Expungement of Adult Convictions : Documents and Assistance in Expunging MI Adult Convictions

Legal Help for MI Expungement of Juvenile Adjudications : Documents and Assistance in Expunging MI Juvenile Adjudications

Library Search (Use to search for experts, topics, etc.) Get a Library card and access online research

Libdex.com

Library of Congress

WorldCat.org Lib

National Library of Medicine

Index to Legal Periodicals and Books

MI Online Legal Resources

Legal Resources Lydia M. Olson Library

Harvard Law Free Law Access

HeinOnline

Malpractice

Dental Malpractice : Robert Gittleman Law Firm PC

Attorney Grievance Defense : Timothy A. Dinan

Chiropractic Malpractice Expert: Dr. Andrew M. Rodgers

Maps

EGLE GeoWebFace

Plat Maps:

Michigan State Open Data Maps

3D Map of Earth and Street View :

Google Maps

Driving Directions : Waze

Maritime

US Coast Guard Homepage

Maritime Safety Information

USCG Amalgated Navigation Rules International and U.S. Inland

Federal Navigation Regulations : 33 CFR

USCG Nav Rules Handbook

National Vessel Documentation Center : Search for Vessel Information

VesselFinder : Locate Vessel Worldwide

Michigan Recreational Boating Information System

Handbook of Michigan Boating Laws and Responsibilities

MI Local Controls on Boating

MarineTraffic : Global Ship Tracking

Medicine

MedlinePlus : National Library of Medicine- Anatomy, Drugs, Genetics, Medical Tests, Encyclopedia

InnerBody : Human Anatomy

Merck Manuals : Drug Information

Merck Manuals : Sprains and Other Soft Tissue Injuries

Merck Manuals : Overview of Fractures

Merck Manuals : Medical Topics

MedLine Plus : Drug and Supplement Listing

Gray's Anatomy : Bartleby

Centers for Disease Control and Prevention (CDC)

Physicians Desk Reference

ABMS Board Certification Report

National Library of Medicine

WebMD

Mental Health

Mental Health America : Guidebooks for Mental Health for Children

NAMI : National Alliance on Mental Illness

MI Mental Health Code of 1974 : MCL330.1001-330.2106

Model Criminal Jury Instructions : M Crim JI 7.9- 7.14

Model Civil Jury Instructions : M Civ JI 171.01-171.02

Mental Health Treatment SCAO forms

Mental Health Proceedings SCAO forms

MSP Procedure Manual 05-09 : Mentally Ill Persons-Apprehension, Admission, Escapes

Juvenile Forensic Mental Health Examiners : DHHS List

Mesothelioma

Mesothelioma & Asbestos Lawyers - Goldberg Persky White PC

Michigan Civil Proceedings:

MI Civil Proceedings Benchbook

MI Quick Reference- Limiting Access to Civil Proceedings

Interest Rates for MI Money Judgments

Alternative Dispute Resolution SCAO forms

General Civil SCAO forms

Claim and Delivery SCAO forms

Collections SCAO forms

General SCAO forms

Limited Scope SCAO forms

Request for Interpreter SCAO forms

Michigan Access to Court Records Security Matrix

MI Court Records Administration

Adoptions

MI Adoption Proceedings Benchbook

MI Quick Reference-Adoption in Involuntary Termination of Parental Rights Flowchart

MI Quick Reference- Adoption in Voluntary Termination of Parental Rights Flowchart

MI Quick Reference- Consent to Adopt Expected Child Checklist

MI Quick Reference- Consent to Adopt Non-Indian Child Checklist

MI Quick Reference- Consent to Adopt Non-Indian Child Preliminary Matters Checklist

MI Quick Reference- Withholding Consent Section 45 Hearing Checklist

MI Quick Reference- Withholding Consent Section 45 Hearing Preliminary Matters Checklist

MI Quick Reference- Finalizing Adoption Checklist Petition Hearing

MI Quick Reference- Finalizing Adoption Checklist Preliminary Matters

MI Quick Reference- Petition for Rehearing Checklist

MI Quick Reference- Rehearing Checklist

MI Quick Reference- Notice of Intent to Release Expected Child Checklist

MI Quick Reference- Adoption Release Non-Indian Child Preliminary Matters

MI Quick Reference- Adoption Release Non-Indian Child Hearing Checklist

MI Quick Reference- Temporary Placement Custody Hearing Checklist

MI Quick Reference- Temporary Placement Filing of Transfer Report Checklist

MI Quick Reference- Temporary Placement Preliminary Matters Checklist

MI Quick Reference- Terminating Rights of Father Without Release or Consent Checklist

MI Quick Reference- Terminating Rights of Father Without Release or Consent Preliminary Matters Checklist

MI Adoption SCAO forms

MI Step Parent Adoption Legal Help forms

Appeals:

COA Guide to Handling a Civil Appeal

MI Supreme Court Appellate Opinion Manual

MI Appeals and Opinions Benchbook

Appeal SCAO forms

Circuit Court Appeals:

MI Quick Reference-APA and Civil Service Comm Appeals

MI Quick Reference- Concealed Pistol Licensing Appeals

MI Quick Reference- General Appeals by Leave

MI Quick Reference- General Appeals by Right

MI Quick Reference- Landlord Tenant or Land Contract Appeals

MI Quick Reference- Licensing (Motor Vehicle Code) Appeals

MI Quick Reference- Michigan Employment Security Act Appeals

MI Quick Reference- Parole Board Appeals

MI Quick Reference- Zoning Ordinance Determination Appeals

Case Evaluation

Case Evaluation SCAO forms

Civil Infractions:

List of MI Civil Infractions

MI Quick Reference- Civil Infraction Appearance by Mail Checklist

MI Quick Reference- Civil Infraction Appearance in Person Checklist

MI Quick Reference- Civil Infraction Informal Hearing Checklist

MI Quick Reference- Civil Infraction Informal Hearing Worksheet

MI Quick Reference- Municipal Civil Infraction Fines, Costs and Fees

MI Quick Reference- Set Aside Civil Infraction Flowchart

MI Quick Reference- State Civil Infraction Fines, Costs and Fees

Fines and Costs for Civil Penalties : Michigan chart for fines and costs for civil penalties

MI Traffic Fines : A chart of Michigan traffic fines and costs

MI Traffic Benchbook

Michigan Traffic Crash Purchasing System : Purchase Michigan Traffic Accident Reports

Civil Infraction SCAO forms

Motor Vehicle Code Offenses SCAO forms

Divorce- see Child Custody, Divorce, child support

Extreme Risk Protection Orders:

MI Quick Reference- Contempt Proceedings for Violation of Extreme Risk Protective Order

MI Quick Reference- Initiating Proceedings for Violation of Extreme Risk Protective Order

MI Quick Reference- Extreme Risk Protective Orders

Extreme Risk Protection SCAO forms

Questions and Answers Extreme Risk Protective Order

National ERPO Resource Center

Extreme Risk Protection Order Act of 2023

Garnishment

Garnishment SCAO forms

Infectious Diseases

Infectious Diseases SCAO forms

Interim Administrator for Attorney:

MI Quick Reference- Appointing Interim Administrator for Attorney

SCAO forms for Interim Administration

Jurisdiction:

MI Quick Reference- Personal Jurisdiction of Corporations Flowchart

MI Quick Reference- Personal Jurisdiction of Individuals Flowchart

MI Quick Reference- Personal Jurisdiction of Partnership Assn or Unincorp. Voluntary Assn

MI Quick Reference- Personal Jurisdiction of Partnerships or Limited Partnerships

Landlord Tenant:

MI Quick Reference- Landlord Tenant Summary Proceedings

MI Residential Landlord Tenant Benchbook

Landlord Tenant SCAO forms

Name Change:

Name Change SCAO forms

Personal Protective Order:

Personal Protective Order SCAO forms

Pretrial Issues:

MI Quick Reference- Amendment of Process or Pleadings Flowchart

MI Quick Reference- Collateral Estoppel and Res Judicata Table

MI Quick Reference- Conditional Dismissal Flowchart

MI Quick Reference- Filing and Serving Responsive Pleadings

MI Quick Reference- Service of Process Table

MI Quick Reference- Stages of Limited Scope Representation

MI Quick Reference- Summary Disposition Table

Settlements & Trial:

MI Quick Reference- Settlements for Minors and Legally Incapacitated Individuals Checklist

MI Quick Reference- Wrongful Death Settlement Checklist

MI Quick Reference- Bench Trial Decision Checklist

MI Quick Reference- Final Matters before Releasing Jury to Deliberate Checklist

MI Quick Reference- Juror Challenge for Cause Flowchart

MI Quick Reference- Oaths and Affirmations

MI Quick Reference- Verdicts Checklist

Small Claims:

MI Quick Reference- Small Claims Checklist

Small Claims SCAO forms

Tax Foreclosures:

MI Quick Reference- Motion for Proceeds Following Judgment of Foreclosure

Contempt:

MI Quick Reference- Common Forms of Contempt Table

MI Quick Reference- Conducting Indirect Civil Contempt Proceedings

MI Quick Reference- Conducting Indirect Criminal Contempt Proceedings

MI Quick Reference- Comparison of Civil and Criminal Contempt

MI Quick Reference- Flowchart Due Process Contempt

MI Quick Reference- Flowchart Contempt of Court

MI Quick Reference- Summary Punishment of Direct Contempt of Court

MI Contempt Benchbook

Young Adult Foster Care:

Young Adult Foster Care SCAO forms

Michigan Criminal Proceedings:

MI Criminal Proceedings Benchbook Vol I : Pretrial, Trial

MI District Court Magistrate Manual

MI Guide to Pursuing Criminal Appeal

MI Limiting Criminal Proceedings Benchcard

ICHAT : Purchase Michigan criminal history

Appeal SCAO forms

Criminal Felony SCAO forms

Criminal Misdemeanor SCAO forms

General SCAO forms

Juvenile Designated SCAO forms

Motor Vehicle Code SCAO forms

Request for Interpreter SCAO forms

MSP Procedure Manuals

Warrants

MI Quick Reference- Electronically Issuing Arrest Warrant or Summons Checklist

MI Quick Reference- Electronically Issuing Search Warrant Checklist

MI Quick Reference- Issuing Arrest Warrant or Summons Checklist

MI Quick Reference- Checklist for Issuing Search Warrant

MI Quick Reference- Issuing Summons Flowchart

MSP Procedure Manual 05-05 : Arrest Warrant Processing Procedures

Arraignment

MI Quick Reference- Felony Arraignment in District Court Checklist

MI Quick Reference- Juvenile Arraignment in District Court Checklist

MI Quick Reference- Misdemeanor Arraignment in District Court Checklist

MI Quick Reference- Misdemeanor Arraignment Flowchart

Probable Cause/Preliminary Exam

MI Quick Reference- District Court Jurisdiction over Pretrial Precedings

MI Quick Reference- Conducting Preliminary Exam Checklist

MI Quick Reference- Waiver of Preliminary Exam Checklist

MI Quick Reference- Probable Cause Checklist

Pleas

MI Quick Reference- Guilty and No Contest Plea Checklist for Felonies

MI Quick Reference- Guilty and No Contest Plea Checklist for Misdemeanors

MI Quick Reference- Guilty and No Contest Plea Flowchart for Felonies

MI Quick Reference- Guilty and No Contest Plea Flowchart for Misdemeanors

MI Quick Reference- Not Guilty Plea Checklist for Felonies

MI Quick Reference- Not Guilty Plea Checklist for Misdemeanors

MI Quick Reference- Not Guilty Plea Flowchart

Trial

MI Quick Reference- Jury Trial Checklist

MI Quick Reference- Jury Waiver/Bench Trial Checklist

Sentencing

MI Criminal Proceedings Benchbook Vol 2 : Sentencing

MI Quick Reference- Lockridge Flowchart

MI Quick Reference-OV 4 Scoring

MI Quick Reference-OV 19 Scoring

MI Quick Reference- Statutory Offense Enhancement Table

MI Quick Reference- Sample Sentencing Guide

MI Quick Reference- Articulation of Reasons for Out-of-Guidelines Sentence

MI Quick Reference- Cobb Hearing Memorandum

MI Quick Reference- Crosby Remands Flowchart

MI Quick Reference- Crosby Remands Quick Reference Guide

MI Sentencing Guidelines Manual

MI Criminal Sentencing Chart for Repeat Offenses

MI Revocation of Deferred Status Chart

MI Model Procedure for Court Ordered Counseling and Testing for Infectious Diseases

DNR Judgment Fees for Fish Violations

DNR Judgment Fees for Wildlife Violations

DNR Wildlife Penalties and Restitution

Criminal Disposition SCAO forms

Ability to Pay

MI Quick Reference- Ability to Pay

Forfeiture of Property

Forfeiture of Property SCAO forms

Probation Swift and Sure Sanctions Act

MI Quick Reference- Offenses Rendering Defendant Ineligible

Probation Violation

MI Quick Reference- Probation Violation Flowchart

MI Quick Reference- Probation Violation Arraignment Checklist

MI Quick Reference- Probation Violation Guilty Plea Checklist

MI Quick Reference- Probation Violation Contested Hearing Checklist

MI Quick Reference- Probation Violation Sentencing Checklist

MI Manual for District Court Probation Officers

Probation SCAO forms

Technical Violation Punishment

MCL 771.4b- Technical Violation Probation

Postjudgment

MI Criminal Proceedings Benchbook Vol 3 : Postjudgment

MI Quick Reference- Postjudgment Options for Relief Table

MI Quick Reference- Motion for Directed Verdict of Acquital After Jury Verdict

MI Quick Reference- Motion for New Trial Checklist

MI Quick Reference- Motion for Relief from Judgment Checklist

MI Quick Reference- Motion to Correct an Invalid Sentence Checklist

MI Quick Reference- Motion to Correct Mistakes After Judgment Checklist

MI Quick Reference- Motion to Withdraw Plea After Sentencing Checklist

Setting Aside Convictions

MI Quick Reference- Application to Set Aside Conviction Checklist

MI Quick Reference- Application to Set Aside Conviction Flowchart

MI Quick Reference- Setting Aside a Conviction for First Violation OWI

MI Quick Reference- Setting Aside a Conviction for Certain Offenses Involving Human Trafficking Victim

MI Quick Reference- Setting Aside a Conviction for Misdemeanor Marijuana Offense

MI Quick Reference- Setting Aside a Conviction for Certain Offenses Involving Human Trafficking Victim Flowchart

FAQs of Automatic Set Asides

Filing Fees and Costs

MI Quick Reference- General Costs Table

MI Quick Reference- Misdemeanor Costs Table

MI Quick Reference- Felony Costs Table

Memorandum on Court Costs

Right to Attorney

MI Quick Reference- Attorney Waiver and Appointment for Indigent Defendants Checklist

Criminal Consequences

DHHS Consequences Upon Conviction - Crime Code List

Criminal Consequences : A site detailing the consequences for convictions

Criminal Consequences : My webpage on criminal conviction consequences

Offense Code Index : Michigan State Dept. index of drivers license actions for violations

DNR Penalties : Michigan Wildlife Penalties for various offenses

MI Expungements : Michigan automatic expungements

MI Criminal Sentencing Chart

Crime Victim Rights

MI Crime Victim Rights Benchbook

MI Quick Reference- Overview of Crime Victim Rights

MI Quick Reference- Overview of Crime Victim Rights Act Articles

MI Quick Reference- CVRA Article I Notifications

MI Quick Reference-CVRA Article II Notifications

MI Quick Reference-CVRA Article III Notifications

MI Quick Reference- Victim Notification in other Acts

Michigan Probate Court Proceedings

MI Limiting Probate Court Proceedings Benchcard

Abortion SCAO forms

Estates, Trusts and Miscellaneous Probate SCAO forms

Limited Scope SCAO forms

Michigan Government

Administrative Guide to State Government : Policies and Procedures used by Michigan state employees

Michigan Manuals : Legislative Service Bureau

MiLogin : One stop Log in for Michigan services such as Drivers License, Unemployment, tax return status, health benefits

Licensing and Regulatory Agency(LARA) : The Michigan agency responsible for licensing and regulating most professions

MI AG : Michigan Department of Attorney General

AG Opinions : Michigan Attorney General Opinions

LARA Rules : LARA Rules and Codes

Michigan Court of Appeals : MI Court of Appeals website

Michigan Supreme Court : Supreme Court of Michigan

Michigan Court of Claims : Website of Court of Claims

EGLE : MI Environment, Great Lakes, and Energy website

Probation and Parole : Michigan Probation and Parole website

OTIS : MI Offender Tracking Information System

Ticket e-pay : Traffic Ticket Payment for select counties

MI Traffic Fines : A chart of Michigan traffic fines and costs

MI Sex Registry : Michigan State Police Sex Registry

State Appellate Defender Office (SADO): The website for the Michigan State Appellate Defender Office with criminal resources

Michigan Municipal League : Handbooks for Municipalities

MI Sentencing Guidelines Manual

MI Criminal Proceedings Benchbook Vol I : Pretrial, Trial

MI Criminal Proceedings Benchbook Vol 2 : Sentencing

MI Criminal Proceedings Benchbook Vol 3 : Postjudgment

MI Adoption Proceedings Benchbook:

MI Appeals and Opinions Benchbook

MI Civil Proceedings Benchbook

MI Contempt Benchbook

MI Controlled Substances Benchbook

MI Crime Victim Rights Benchbook

MI District Court Magistrate Manual

MI Domestic Violence Benchbook

MI Evidence Benchbook

Judicial Disqualification in Michigan Benchbook

MI Juvenile Justice Benchbook

Michigan Code of Judical Conduct-Annotated

MI Recreational Vehicles Benchbook

MI Residential Landlord Tenant Benchbook

MI Sexual Assault Benchbook

MI Traffic Benchbook

MI Judicial Tenure Commission

Michigan Office of Administrative Hearings and Rules

Michigan Register

BS&A Online : Collection of Selected Michigan Municipalities' records

DHHS Current Policy Manuals

Michigan Government Phone Directory

Michigan Legislative Directory : Michigan Legislative Consultants

Michigan Legislative Directory : Official Site

Michigan Executive Branch

Citizens Guide to Government

Michigan State Police

Department Policies

MSP Orders and Procedure Manuals

Native American

BIA : Bureau of Indian Affairs

MI Indian Directory

MI Tribal Governments

Tribal Agents for Service of Notice

A Short History of Michigan Treaties : Treaties with Native Americans

Virtual Library of Native American Legal Resources : www.virtual library

NARF : National Indian Law Library

Native American Indian Law Research Guide : Eckstein Law Library

IDA Treaties Explorer : Digitreaties

1842 Michigan Ceded Territory Hunting : Ordinance on Hunting and Trapping in Ceded Territory

Michigan Treaties : A collection of Michigan related treaties 1795-1864

1855 Treaty of Detroit : Treaty with the Ottawa and Ojibwe (formerly Chippewa)

1836 Treaty of Washington : Treaty with the Ottawa and Ojibwe (formerly Chippewa)

1821 Treaty of Chicago : Treaty with Ottawa, Ojibwe (formerly Chippewa), and Potawatomi

Treaty with the Chippewa 1842 : Treaty with Ojibwe (formerly Chippewa)

1854 Treaty of La Pointe : Treaty with Ojibwe (formerly Chippewa)

Michigan v Bay Mills Indian Community , 572 US 782 (2014)- the right to operate casinos on Native American lands

MI Tribal Court Administration Guide

Networking

Justia : Attorney Networking site.

NACC : Website for National Association of Counsel for Children

HG.org

Open Meetings Act

Michigan AG OMA Info : Open Meetings Act Info on Michigan's AG website

Michigan Open Meetings Act Act of 1976 : MCL 15.261 - 15.275

Michigan Municipal League : Resources & Research

Michigan Open Meetings Act Handbook

MICounties.org : Training

OWI (DWI, DUI)

Michigan Model Criminal Jury Instructions : M Crim JI 15.1-15.12

MI Motor Vehicle Code OWI and Reckless Driving : MCL257.625 - 257.626c

MSP Impaired Driving : Michigan State Police Website

MSP 06-02 Policy on Impaired Driving Investigations / 06-27 Policy on Impaired Driving

Michigan Datamaster DMT Handbook

OWI Expert- William Maze

MI Alcohol, Drug & DUI Experts

Premises Liability

Law Offices of Todd J. Stearn, P.C.

Prisons

TextBehind : Legal Mail Requirement Provider for QR code on State Prisoner Legal Mail

MI Prisons

OTIS : Michigan Offender Tracking Information System

WI Inmate Search

Illinois Individual in Custody Search

Federal Inmate Locator

Privacy Laws

US Privacy Law collection : Epic.org

MI Identity Theft Protection Act of 2004 - MCL 445.61- 445.79d

MI Internet Privacy Protection Act of 2012 - MCL 37.271 - 37.278

Public Domain Collections

PICRYL

Listing of Public Domain Sites

Real Estate

MI Land Title Standards : A listing of the Michigan Land Title Standards

Tapestry Land Search : A paid site for searching for property

MI Landlord Tenant Handbook : Handbook for Landlords and Tenants

MI Real and Personal Property : Michigan law on real and personal property. MCL 554.1-554.1070.

MI Landlord and Tenant Relationships of 1972 : Michigan law on landlord-tenant relations . MCL 554.601- 554.616.

MI Land Division Act of 1967 : Michigan law on the division of land. MCL 560.101 - 560.293.

MI Marketable Record Title Act of 1945 : Michigan law on defining a marketable record title. MCL 565.101 - 565.109.

MI Truth in Renting Act of 1978 : Michigan law on Rental Agreements. MCL 554.631 - 554.641.

MI Building Codes : Building Codes

MI Residential Landlord Tenant Benchbook

MI Quick Reference- Landlord Tenant Summary Proceedin gs

acres : Real estate property and owner pay search

BS&A Online : Collection of Selected Michigan Municipalities' records

Mortgage Foreclosure SCAO forms

Landlord Tenant and Land Contract SCAO forms

Fannie Mae Real Estate Forms

Recreational Vehicles

MI Quick Reference- Court-Ordered Suspension of Motorboat-Operating Privileges

MI Quick Reference- Court-Ordered Suspension of ORV Operating Privileges

MI Quick Reference- Court-Ordered Suspension of Snowmobile-Operating Privileges

MI Quick Reference- Marine Vessel Offense Types Table

MI Quick Reference- ORV Offense Types Table

MI Quick Reference- Personal Watercraft Offense Types Table

MI Quick Reference- Snowmobile Offense Types Table

MI Recreational Vehicles Benchbook

MI Recreational Vehicles and Watercraft - Registration and Decals

Referrals

McEldrew Purtell - Personal Injury/ Wrongful Death/Explosive Cases

Religious Laws

Canon Laws : Vatican website canon laws

Jewish Laws

Reporters and Recorders

MI Manual for Court Reporters and Recorders

Updates to Manual for Court Reporters and Recorders

Sexual Assault- see Criminal Sexual Conduct

Slip and Fall

Blog on use of expert in Slip and Fall case

Social Security, Medicare/Medicaid

Social Security Handbook : Online handbook at SSA

POMS : SSA Program Operations Manual System- info for employees to process claims

Compilation of Social Security Laws : SSA website

Compilation of Social Security Laws Vol II : SSA website

CFR Title 20 Chapt III : Social Security Admin.

Rulings : Social Security Rulings and Acquiescence Rulings

HALLEX : Hearings, Appeals, and Litigation Law Manual

Rules : SSA website

Social Security Benefits Handbook Online :

SSA Handbooks : SSA website

Library of Congress : Social Security Disability Law: A Beginner's Guide

Michigan Social Security Info :

Social Security Disability Impairments : Listing of Qualifying Impairments

SSDI Qualifications : SSA website

SSI Qualifications : SSA website

Medicaid Provider Manual : DHHS Services

Social Security Administration : Website for SSA

DHHS Policy Manuals : Michigan site for Dept Health and Human Services policy manuals

Medicare Secondary Payer Manual

Standards

MI Speed Measurement Standards : MI Commission on Law Enforcement Standards- Speed Measurement

DHHS Policy Manuals : Michigan site for Dept Health and Human Services policy manuals

MI Breath Alcohol Standards : Michigan State Police site for manuals and training

MI Field Sobriety Tests : Michigan State Police site for Field Sobriety Tests

OWI Testing Manuals : A listing of testing manuals for law enforcement

NHTSA SFST Resources : Standardized Field Sobriety Test Resources

NHTSA SFST Manual : Participant Manual for Standardized Field Sobriety Tests

Treaties

A Short History of Michigan Treaties : Treaties with Native Americans

International Treaties : Listing of International Treaties

Human Rights Laws : Human Rights Laws Listing

Convention on Law of Sea : UN Convention on Law of Sea

Space Treaties : International Space Treaties

Treaties in Force : State Dept. Listing of Treaties in Force

1842 Michigan Ceded Territory Hunting : Ordinance on Hunting and Trapping in Ceded Territory

Michigan Treaties : A collection of Michigan related treaties 1795-1864

1855 Treaty of Detroit : Treaty with the Ottawa and Ojibwe (formerly Chippewa)

1836 Treaty of Washington : Treaty with the Ottawa and Ojibwe (formerly Chippewa)

1821 Treaty of Chicago : Treaty with Ottawa, Ojibwe (formerly Chippewa), and Potawatomi

Treaty with the Chippewa 1842 : Treaty with Ojibwe (formerly Chippewa)

User Info, Search, Locates

Whatsapp Profile Info

BeenVerified

InstantCheckmate

WhoIs

FAA Aircraft Registration

MI Entity Search

MI License Search

WI Inmate Search

OTIS: Michigan Offender Tracking Information System

Illinois Individual in Custody Search

Federal Inmate Locator

Nationwide Sex Offender Search

ICHAT : Purchase Michigan criminal history

acres : Real estate property and owner pay search

National Vessel Documentation Cente r : Search for Vessel Information

DIFS Locator : Insurance and Financial Services Search in Michigan

Search-Net Managment - Skip Tracers, Asset Locators

City Data - Profile Data for every city in U.S. and Canada

School Districts - Info and contact info

Spokeo : Search phone, name, address, email

Veterans:

NRD : National Resource Directory

Choose VA : Veteran's Services

Veterans Affairs : Department of Veterans Affairs

VA Benefits : VA Benefits website

Weather

Aviation Weather

NWS : National Weather Service- Forecasts and Past Weather

Michigan Tides and Weather

Snow Forecasts

Ski and Snow Reports

Estate Planning for Digital Assets: Managing Your Online Accounts and Legacy

Sun, 08 Sep 2024 22:03:28 GMT

Estate Planning for Digital Assets: Managing Your Online Accounts and Legacy

Introduction

The Rise of Digital Assets

In today's digital age, our lives have become increasingly intertwined with the online world. From social media profiles to online banking, digital assets have become a significant part of our everyday existence. These assets can hold both monetary and sentimental value, making it essential to consider them in our estate planning.

Why Digital Estate Planning Matters

Digital estate planning ensures that your online accounts and digital assets are managed and transferred according to your wishes after you pass away. Without proper planning, your loved ones may face difficulties accessing or managing these assets, leading to potential legal and emotional complications.

1. Understanding Digital Assets

Types of Digital Assets

a. Personal Accounts

Personal accounts include social media profiles, emails, and personal blogs. These platforms often contain photos, videos, and personal communications that hold sentimental value.

b. Financial and Business Accounts

Financial and business accounts encompass online banking, investment portfolios, and other business-related digital assets. These accounts can have significant monetary value and may require careful management.

Value of Digital Assets

a. Monetary Value

Digital assets like cryptocurrencies, online businesses, and revenue-generating websites can have substantial monetary value. Proper management of these assets ensures they are transferred to your beneficiaries without legal complications.

b. Sentimental Value

Photos, videos, and personal communications stored on digital platforms hold immense sentimental value. Planning for these assets ensures that your loved ones can access and preserve these memories.

2. Managing Digital Accounts

a. Inventory of Digital Assets

Creating a Digital Asset Inventory

Start by listing all your digital assets, including usernames, passwords, and security questions. This inventory should encompass personal accounts, financial accounts, and any other digital assets you own.

b. Regular Updates

Regularly updating your digital asset inventory is crucial. As you create new accounts or change passwords, make sure your inventory reflects these changes to ensure it remains accurate and up-to-date.

c. Access and Security

Password Management

Using a password manager can help you securely store and manage your passwords. These tools ensure that your digital accounts are protected and accessible to your designated heirs.

Two-Factor Authentication

Implementing two-factor authentication (2FA) adds an extra layer of security to your sensitive accounts. This measure ensures that your accounts remain protected even if someone gains access to your passwords.

3. Online Accounts After Death

a. Policies of Major Platforms

Social Media Platforms

Each social media platform has its own policies regarding deceased users. For instance:

**Facebook**: Allows for memorialization of accounts or removal by a legacy contact.

**Instagram**: Similar to Facebook, you can memorialize or remove the account.

**Twitter**: Requires a formal request for deactivation.

Email Providers

Email providers like Google and Yahoo have specific procedures for handling accounts after death. Typically, these procedures involve submitting a request along with legal documentation.

b. Appointing a Digital Executor

Role and Responsibilities

A digital executor is responsible for managing and transferring your digital assets according to your wishes. This role may involve closing accounts, transferring assets, and ensuring that your digital legacy is preserved.

Legal Considerations

Ensure that your digital executor has the legal authority to access and manage your digital assets. This may involve including specific provisions in your will or trust.

4. Digital Estate Planning

a. Creating a Digital Estate Plan

Legal Documentation

Incorporate your digital assets into your will or trust. Clearly outline how you want your digital assets to be managed and transferred to your beneficiaries.

Instructions for Heirs

Provide clear instructions on how your heirs can access and manage your digital assets. This may include sharing your digital asset inventory and any necessary passwords or security information.

b. Choosing the Right Tools

Digital Legacy Services

Several tools and services can assist in digital estate planning. These services help you organize, manage, and transfer your digital assets according to your wishes.

Professional Assistance

Consider seeking help from estate planning professionals. They can provide valuable guidance on incorporating digital assets into your estate plan and ensuring legal compliance.

5. Social Media Legacy

a. Managing Social Media Accounts

Legacy Contacts

Designate trusted contacts for your social media platforms. These individuals will have the authority to manage or memorialize your accounts after your death.

Memorializing Accounts

Each social media platform has its own process for memorializing accounts. Follow the specific steps to ensure your accounts are appropriately managed and preserved.

b. Social Media Afterlife

Content Preservation

Ensure that important content on your social media accounts is preserved. This may involve downloading photos, videos, and other personal content to share with your loved ones.

Privacy Considerations

Manage your privacy settings to control who can access your data posthumously. This ensures that your digital presence is handled according to your wishes.

6. Digital Inheritance and Legacy Planning

a. Transferring Digital Assets

Legal Framework

Understand the state and federal laws governing the transfer of digital assets. This knowledge ensures that your digital inheritance is legally compliant and transferred smoothly.

Beneficiary Designations

Name beneficiaries for your digital assets. Clearly outline who will inherit each asset and provide the necessary information for accessing these accounts.

b. Ethical Considerations

Respecting Wishes

Ensure that your digital legacy aligns with your personal wishes. Clearly communicate your desires to your heirs and make sure they understand your intentions.

Communication with Heirs

Discuss your digital estate plans with your family and heirs. This open communication ensures that everyone is aware of your wishes and can manage your digital assets accordingly.

Conclusion

a. Recap of Key Points

Estate planning for digital assets is essential in today's digital age. By understanding the types and value of your digital assets, managing your accounts, and creating a comprehensive digital estate plan, you can ensure that your online legacy is preserved and transferred according to your wishes.

b. Call to Action

Start your digital estate planning process today. Create a digital asset inventory, appoint a digital executor, and incorporate your digital assets into your will or trust. Seek professional advice if needed to ensure your digital legacy is managed and preserved for your loved ones.

For assistance with your digital estate planning, contact Robert Peterson, Attorney at Law, P.C.

Juvenile Law & Counseling Services for Minors: Comprehensive Mental Health and Legal Support

Sun, 08 Sep 2024 21:11:07 GMT

Juvenile Law & Counseling Services for Minors: Comprehensive Mental Health and Legal Support

I. Introduction

A. Overview of Juvenile Law and Counseling Services for Minors

In today's rapidly changing world, the mental health and legal support for minors have become more crucial than ever. Juvenile law and counseling services provide a safety net for young individuals navigating complex emotional and legal challenges. These services aim to protect minors' rights while addressing their mental health needs, ensuring they grow into well-rounded adults.

B. The Growing Need for Mental Health Support Among Youth

Statistics paint a concerning picture of the growing need for mental health support among youth. According to the National Institute of Mental Health, one in five adolescents has a diagnosable mental health disorder. The rise in juvenile mental health issues highlights the necessity for accessible therapy sessions and comprehensive support systems for minors.

C. Purpose of the Article

This article aims to shed light on the importance of juvenile law and counseling services for minors. We will explore the intersection of mental health and legal support, the types of services available, and the benefits of early intervention. By understanding these critical areas, we can better support the youth in our communities.

II. Understanding Juvenile Law

A. Definition and Scope of Juvenile Law

Juvenile law is a legal field focusing on individuals under 18. It encompasses various issues, including delinquency, child protection, and custody disputes. This branch of law aims to rehabilitate rather than punish, recognizing that minors are still developing and can benefit from guidance and support.

B. Legal Rights of Minors

Minors have specific legal rights designed to protect their well-being. These include the right to legal representation, the right to be heard in court, and the right to privacy. Understanding these rights is essential for ensuring minors receive fair treatment within the legal system.

C. How Juvenile Law Intersects with Mental Health

The relationship between juvenile law and mental health is deeply intertwined. Legal issues can significantly impact a minor's mental health, and vice versa. For example, a child facing legal troubles may experience anxiety or depression, necessitating mental health support. Conversely, untreated mental health issues can lead to legal problems. Thus, an integrated approach is vital for addressing both aspects effectively.

III. Mental Health Support for Minors

A. Importance of Mental Health Services for Youth

Mental health services are crucial for minors as they navigate the challenges of growing up. Access to therapy and counseling can help them manage emotions, develop coping skills, and build resilience. This support is particularly important during adolescence, a period marked by significant emotional and psychological changes.

B. Types of Mental Health Support Available

Various types of mental health support are available for minors, including:

**Therapy Sessions**: Individual or group therapy with trained professionals.

**Counseling**: Guidance and support from school counselors or social workers.

**Psychiatric Services**: Medical intervention for more severe mental health issues.

These services are designed to cater to the unique needs of young individuals, providing a safe space for them to express their feelings and concerns.

C. Benefits of Early Mental Health Intervention

Early mental health intervention can lead to better outcomes for minors. Addressing issues like anxiety, depression, or trauma at an early stage can prevent them from escalating into more severe problems. Early intervention also equips minors with the tools they need to handle future challenges, promoting long-term mental well-being.

IV. Child Counseling Services

A. Overview of Child Counseling Services

Child counseling services play a vital role in supporting the mental health of minors. These services involve professional counselors working with children to address various emotional and behavioral issues. Counseling sessions provide a safe environment for children to explore their feelings and develop healthy coping mechanisms.

B. Common Issues Addressed in Child Counseling

Child counseling often addresses issues such as:

**Anxiety**: Helping children manage fears and worries.

**Depression**: Providing support for children experiencing sadness or hopelessness.

**Trauma**: Assisting children in processing traumatic events.

By addressing these issues, counseling services can significantly improve a child's quality of life.

C. Techniques Used in Child Counseling

Several techniques are employed in child counseling, including:

**Cognitive-Behavioral Therapy (CBT)**: Aims to change negative thought patterns.

**Play Therapy**: Uses play to help children express emotions and resolve conflicts.

**Family Therapy**: Involves family members in the counseling process to address systemic issues.

These techniques are tailored to meet the specific needs of each child, ensuring effective support.

V. Legal Counseling for Minors

A. Role of Legal Counsel in Juvenile Cases

Legal counsel is essential in juvenile cases, providing minors with representation and protecting their rights. Attorneys specializing in juvenile law understand the unique challenges faced by young clients and work to ensure fair treatment within the legal system.

B. How Legal Counsel Supports Mental Health Needs

Legal counsel can also play a crucial role in supporting the mental health needs of minors. They can advocate for necessary mental health services, ensuring that children receive the help they need. For example, an attorney might work to secure therapy sessions for a child involved in a custody dispute or facing delinquency charges.

C. Case Studies and Success Stories

Consider the case of a 14-year-old boy facing criminal charges for a minor offense. His attorney not only provided legal representation but also advocated for counseling services to address underlying behavioral issues. As a result, the boy received the support he needed and avoided further legal trouble. Such success stories highlight the importance of integrating legal and mental health support for minors.

VI. Emotional Support for Youth

A. Importance of Emotional Support Networks

Emotional support networks, including family, schools, and communities, play a vital role in a child's development. These networks provide a sense of belonging and security, helping children navigate life's challenges.

B. Resources for Emotional Support

Several organizations and services offer emotional support for youth, such as:

** Mental Health America **: Provides resources and support for mental health issues.

** National Alliance on Mental Illness (NAMI)**: Offers support groups and educational programs.

**Local Community Centers**: Provide counseling and support services. In Michigan there are local Community Mental Health offices in every county.

These resources are invaluable for children and their families, offering guidance and support when needed.

C. Encouraging Positive Mental Health Practices

Promoting positive mental health practices is essential for ensuring the well-being of minors. Strategies include:

**Encouraging Open Communication**: Creating an environment where children feel safe to express their feelings.

**Fostering Healthy Relationships**: Building strong, supportive connections with family and friends.

**Promoting Physical Activity**: Encouraging regular exercise to boost mental health.

By adopting these practices, we can help children develop resilience and maintain good mental health.

VII. Conclusion

A. Recap of Key Points

In conclusion, juvenile law and counseling services are essential for supporting the mental health and legal needs of minors. These services encompass various aspects, from legal representation to therapy sessions, addressing the unique challenges faced by young individuals.

B. The Importance of Integrated Support Systems

An integrated approach, combining legal and mental health support, is vital for ensuring the well-being of minors. By addressing both aspects simultaneously, we can provide comprehensive support that promotes positive outcomes.

C. Call to Action

We must encourage parents, guardians, and community members to seek and support these services. By doing so, we can ensure that every child has access to the mental health and legal support they need to thrive.

In conclusion, juvenile law and counseling services play a crucial role in supporting the mental health and legal needs of minors. By understanding and utilizing these services, we can create a brighter future for our youth.

Contact a knowledge juvenile law attorney at Robert Peterson, Attorney at Law, P.C.

Simplifying the Michigan Probate Process: A Step By Step Guide

Sun, 08 Sep 2024 20:45:26 GMT

Simplifying the Michigan Probate Process: A Step-by-Step Guide

I. Introduction

Navigating the probate process in Michigan can be daunting, but understanding it is essential. This guide aims to simplify the Michigan probate process, making it easier to handle the legalities after a loved one’s passing. Michigan estate laws have unique aspects that can affect the probate process, and knowing these can save time, money, and stress.

II. Understanding Probate in Michigan

What is Probate?

Probate is the legal process of settling a deceased person's estate. It includes validating the will, inventorying assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. Many people think probate is always time-consuming and costly, but this is not necessarily true.

Michigan Probate Laws

Michigan has specific statutes that govern probate. These laws outline the process, from filing the initial petition to distributing the estate. Unlike some other states, Michigan offers several probate options that can simplify the process for smaller estates.

When is Probate Necessary?

Not all estates require probate. If the deceased's assets were jointly owned or had designated beneficiaries, probate might not be needed. If a Ladybird Deed was signed, the real estate passes outside of probate. However, if the estate includes solely-owned assets without beneficiaries or property needing legal process to change the title, probate is typically required.

III. Step-by-Step Guide to the Michigan Probate Process

Initiating the Probate Process

The first step is filing a petition with the probate court. This document requests the court to open probate and appoint a personal representative (executor) to manage the estate. The personal representative is responsible for overseeing the entire probate process.

Inventory and Appraisal of Assets

Next, the personal representative must identify and list all estate assets. Michigan law requires a thorough inventory, including real estate, bank accounts, and personal property. An appraisal might be necessary to determine the value of certain assets.

Settling Debts and Taxes

The estate must pay off any outstanding debts and taxes before distributing assets. The personal representative will notify creditors and settle claims. Additionally, the estate must file final tax returns and pay any due estate taxes.

Distribution of Assets

After debts and taxes are settled, the remaining assets are distributed to the beneficiaries according to Michigan laws or the will. If there are disputes or a contested will, the probate court will resolve these issues.

IV. Simplified Probate Options in Michigan

Small Estate Procedures

Michigan offers simplified probate for small estates. To qualify, the estate's value must fall below a certain threshold, which is currently $25,000 but changes yearly. This process involves fewer steps, making it quicker and less expensive.

Summary Administration

Summary administration is another streamlined option for small estates. It requires less court involvement and can expedite the distribution of assets. This option is beneficial for estates with clear titles and minimal debts.

Informal Probate

Informal probate is less formal and quicker than traditional probate. It is suitable for uncontested estates with straightforward assets. The personal representative has more autonomy but must still follow Michigan laws.

V. Estate Transfer Methods Outside of Probate

Living Trusts

A living trust allows assets to bypass probate. The trust holds the assets during the person's lifetime and transfers them to beneficiaries upon death. Setting up a living trust in Michigan can simplify estate transfer and provide privacy.

Joint Ownership and Beneficiary Designations

Transferring assets via joint ownership or beneficiary designations can avoid probate. Jointly owned property passes directly to the surviving owner. Similarly, accounts and policies with designated beneficiaries transfer outside of probate.

Transfer-on-Death (TOD) and Payable-on-Death (POD) Accounts

TOD and POD accounts permit direct transfer to beneficiaries upon death, bypassing probate. Setting up these accounts in Michigan is straightforward and can simplify asset distribution.

Ladybird Deeds

Ladybird Deeds transfer real estate upon the death of the owner. This deed is drafted with the grantor (owner) retaining for his/her lifetime the real estate and transferring whatever interest the owner has at his/her death (which might be nothing) to the grantee (new owner).

VI. Common Challenges and How to Overcome Them

Dealing with Contested Wills

Wills are sometimes contested due to disputes over validity or interpretation. Common reasons include claims of undue influence or lack of capacity. The probate court handles these disputes, providing a legal resolution.

Handling Complex Estates

Complex estates with numerous assets or business interests require careful management. Strategies include detailed planning and professional assistance. Consulting an estate attorney can help navigate these complexities.

Navigating Family Dynamics

Family conflicts can arise during probate. Transparency and communication are key to managing these dynamics. Keeping beneficiaries informed and addressing concerns promptly can prevent disputes.

VII. Conclusion

The Michigan probate process doesn't have to be overwhelming. This guide provides a clear, step-by-step approach to make probate easier. Understanding Michigan estate laws and knowing when to seek professional advice can ensure a smooth probate experience.

VIII. Additional Resources

For more information, visit the Michigan probate court website or consult with legal professionals specializing in Michigan probate. Further reading on estate planning and probate can also provide valuable insights.

By following this guide, you can simplify the Michigan probate process, ensuring a more efficient and less stressful experience. Whether dealing with a straightforward estate or a complex one, understanding the steps and options available will help you navigate the process with confidence..

For your probate and estate planning needs, contact a knowledgeable attorney at Robert Peterson, Attorney at Law, P.C.

Comprehensive Legal Assistance for the Elderly: A Guide to Elder Legal Services and Support

Sun, 08 Sep 2024 19:55:27 GMT

Comprehensive Legal Assistance for Elderly:

A Guide to Elder Legal Services and Support

I. Introduction: Understanding the Need for Legal Assistance for Elderly

A. The Growing Importance of Elder Legal Services

Elder legal services are specialized legal assistance tailored to meet the unique needs of senior citizens. These services cover a wide range of legal matters, from estate planning to healthcare decisions. As our population ages, the need for elder legal services becomes increasingly important. Seniors often face complex legal issues that require the expertise of professionals familiar with elder law.

B. Common Senior Legal Issues

Seniors encounter various legal issues that can significantly impact their lives. Common senior legal issues include creating wills and trusts, managing healthcare directives, and addressing housing and long-term care concerns. Elderly individuals may also face financial abuse and fraud, making legal protection crucial.

C. The Role of Legal Aid for the Elderly

Legal aid for the elderly provides essential support, ensuring that seniors have access to the legal help they need. Unlike general legal aid, which serves a broader population, senior-specific legal aid focuses on the distinct challenges faced by older adults. This specialized assistance helps seniors navigate the legal system and protect their rights.

I I. Types of Legal Services Available for Seniors

A. Estate Planning and Wills

Estate planning is vital for seniors to ensure their assets are distributed according to their wishes. Creating a will is a key component of estate planning. Seniors should also consider other essential documents such as trusts, which can provide additional benefits like avoiding probate.

B. Healthcare Directives and Powers of Attorney

Healthcare directives, including living wills and healthcare proxies, which in Michigan are called Designation of Patient Advocate, provide legal guidance on medical decisions if a senior becomes incapacitated. Powers of attorney are equally important, as they designate someone to make decisions on behalf of the senior. Understanding these tools can help seniors maintain control over their future healthcare and financial matters.

C. Guardianship and Conservatorship

Guardianship and conservatorship become necessary when a senior can no longer make decisions independently. Guardianship involves appointing someone to manage personal and medical decisions, while conservatorship focuses on financial matters. The legal process for establishing these roles ensures that seniors receive the care and protection they need.

III. How to Find Legal Help for Elderly

A. Identifying Qualified Elder Law Attorneys

Finding a qualified lawyer for seniors is crucial. Look for attorneys with experience in elder law and a good reputation. Ask potential elder law attorneys about their experience with senior legal issues, their approach to client care, and their fee structure.

B. Free and Low-Cost Legal Aid for Elderly

Many seniors need affordable legal help. Numerous organizations offer free or low-cost legal aid for elderly individuals. Agencies like Legal Services Corporation and local pro bono programs provide valuable resources. These organizations can help seniors access the legal support they need without financial strain.

C. Community and Online Resources

Community centers and local agencies often provide legal help for elderly residents. Online platforms like the National Academy of Elder Law Attorneys (NAELA) offer directories and resources for finding elder law guidance. Utilizing these resources can simplify the process of finding reliable legal assistance.

IV. Legal Support Systems for Elderly Protection

A. Financial Abuse and Fraud Prevention

Financial abuse and fraud are serious threats to seniors. Recognizing the signs of financial abuse, such as unexplained withdrawals or sudden changes in financial behavior, is crucial. Legal steps, including setting up safeguards like powers of attorney and trusts, can help protect seniors from exploitation.

B. Elder Rights and Advocacy

Understanding the legal rights of elderly individuals is essential for their protection. Organizations such as the National Center on Elder Abuse (NCEA) advocate for senior legal rights and provide resources to help seniors and their families. These advocacy groups play a critical role in safeguarding the well-being of older adults.

C. Housing and Long-Term Care Legal Issues

Navigating the legalities of senior housing options, such as assisted living and nursing homes, can be complex. Legal considerations for long-term care facilities include understanding residents' rights, addressing contract issues, and ensuring proper care. Legal support can guide seniors and their families through these challenges.

V. The Impact of Effective Legal Assistance on Elderly Well-being

A. Enhancing Quality of Life through Legal Security

Effective legal assistance can significantly enhance the quality of life for seniors. Legal stability provides peace of mind, allowing seniors to focus on enjoying their retirement years. Case studies and personal stories highlight how legal services can positively impact elderly individuals.

B. Reducing Stress and Uncertainty

Legal assistance helps reduce stress and uncertainty for seniors and their families. Having legal matters in order ensures that seniors' wishes are respected, reducing the emotional burden on loved ones. This support is invaluable in times of crisis or transition.

C. Long-Term Benefits of Proactive Legal Planning

Proactive legal planning offers long-term benefits by future-proofing seniors' lives. Regular legal check-ups and updates ensure that documents remain current and relevant. This ongoing attention to legal matters helps seniors maintain control and security over their affairs.

VI. Conclusion: Empowering the Elderly with Legal Knowledge and Support

A. Recap of Key Points

Elder legal services are essential for addressing the unique legal needs of seniors. From estate planning to protecting against financial abuse, specialized legal assistance ensures that seniors' rights and wishes are upheld.

B. Encouragement to Seek Legal Assistance

Seniors and their families are encouraged to take proactive steps in seeking legal help. Understanding the importance of elder legal services and finding qualified attorneys can make a significant difference in the lives of elderly individuals.

C. Additional Resources and Contact Information

For further assistance, consider reaching out to organizations such as the Legal Services Corporation , National Academy of Elder Law Attorneys (NAELA) , and the National Center on Elder Abuse (NCEA). These resources provide valuable information and support for seniors seeking legal help.

Empowering the elderly with legal knowledge and support is crucial for their well-being and security. By understanding the various aspects of elder legal services and taking proactive steps, seniors can ensure a safer and more fulfilling future.

For Assistance with your Elder Law Issues, contact a knowledgeable Elder Law Attorney at Robert Peterson, Attorney at Law, P.C.

Understanding Property Rights in Michigan

Sun, 08 Sep 2024 17:36:33 GMT

Understanding Property Rights in Michigan: A Comprehensive Guide to Land

Ownership Laws and Regulations

I. Introduction

A. Overview of Property Rights in Michigan

Property rights are a cornerstone of American society, and understanding them is crucial for any landowner. In Michigan, the real estate landscape is unique, with laws and regulations that reflect its rich history and diverse geography. From the bustling cities of Detroit and Grand Rapids to the serene Upper Peninsula, Michigan's property laws ensure that the rights of landowners are protected while balancing public interests.

B. Purpose of the Guide

This guide aims to provide a comprehensive overview of property rights in Michigan. Readers will learn about the different aspects of land ownership, including how to acquire property, understand zoning laws, and resolve disputes. By understanding these laws and regulations, property owners can make informed decisions and protect their investments.

II. Michigan Land Rights: An Overview

A. Historical Context

Michigan's land ownership history dates back to the early 19th century when the territory was first settled. The Northwest Ordinance of 1787 and subsequent treaties with Native American tribes played significant roles in shaping land laws. Over the years, Michigan's real estate laws have evolved to address the needs of its growing population and economy.

B. Key Terminology

Understanding property rights begins with familiarizing yourself with essential terms:

** Land Rights **: Legal rights to own, use, and control a piece of land.

** Real Estate Laws **: Regulations governing the buying, selling, and use of land.

** Property Regulations **: Rules set by local, state, or federal authorities that affect land use and ownership.

C. Types of Land Rights

In Michigan, land rights can be categorized into several types:

**Surface Rights**: Ownership of the land surface, including buildings and vegetation.

** Mineral Rights **: Ownership of underground resources like oil, gas, and minerals.

**Usage Rights**: The right to use the land for specific purposes, such as farming or building.

** Riparian Rights **: Ownership rights to land adjacent to waterways.

**Easements**: The right to use another person's land for a specific purpose, such as a driveway or utility line.

III. Land Ownership Laws in Michigan

A. Acquiring Property

There are various methods to acquire property in Michigan:

**Purchase**: The most common way to acquire property. It involves a legal transaction between a buyer and a seller.

**Inheritance**: Property can be passed down from one generation to the next through a will or estate plan.

**Gift**: Property can be given as a gift, often between family members.

Legal requirements for property transactions include signing a sales contract, obtaining a clear title, and recording the deed with the county.

B. Title and Deed Requirements

A clear title is crucial for establishing ownership. It ensures there are no legal claims or liens against the property. Common issues with titles include unpaid taxes or unresolved disputes. Resolving these issues often requires legal assistance.

Deeds are legal documents that transfer ownership from one party to another. Types of deeds include:

**Warranty Deed**: Guarantees a clear title.

**Quitclaim Deed**: Transfers ownership without guaranteeing the title's status.

**Covenant Deed**: Transfers ownership guaranteeing grantor's clear title during his/her ownership.

C. Zoning and Land Use Regulations

Zoning laws dictate how land can be used. In Michigan, zoning categories include residential, commercial, and industrial. Zoning affects property values and what can be built or operated on the land. Understanding local zoning laws is essential for property owners to avoid legal issues and make the best use of their land.

I V. Understanding Michigan Real Estate Rights

A. Homeowner Rights and Responsibilities

Homeowners in Michigan have several rights, including:

**Right to Occupy**: Owners can live on their property without interference.

**Right to Sell or Lease**: Owners can sell or lease their property.

**Right to Privacy**: Owners can enjoy their property without unwarranted intrusion.

Responsibilities include paying property taxes, maintaining the property, and adhering to local regulations.

B. Tenant and Landlord Laws

Michigan has specific laws to protect both tenants and landlords . Tenants have the right to a habitable living environment, timely repairs, and protection against unfair eviction. Landlords must provide safe housing, make necessary repairs, and respect tenants' privacy. Michigan has a Landlord Tenant handbook available online.

Disputes between tenants and landlords can be resolved through mediation or, if necessary, legal action.

C. Dispute Resolution

Common real estate disputes include boundary issues, easement disagreements, and landlord-tenant conflicts. Legal avenues for resolving disputes include:

**Negotiation**: Informal discussions to reach an agreement.

**Mediation**: A neutral third party helps facilitate a resolution.

**Litigation**: Taking the dispute to court for a legal decision.

V. Michigan Property Regulations and Compliance

A. Building Codes and Safety Standards

Michigan's building codes ensure that structures are safe and meet minimum standards . Property owners must adhere to these codes when constructing or renovating buildings. Compliance is crucial to avoid fines and ensure the safety of occupants.

B. Environmental Regulations

Environmental laws protect Michigan's natural resources. Property owners must comply with regulations regarding waste disposal, water usage, and land preservation. Responsibilities include maintaining septic systems, preventing soil erosion, and protecting wetlands. Michigan has produced a handbook to assist in compliance with state and federal environmental laws.

C. Property Tax Laws

Michigan's property tax system funds local services like schools and infrastructure. Property taxes are assessed based on the property's value. Owners must pay these taxes annually. Understanding how taxes are assessed and staying current with payments is essential for avoiding penalties.

VI. Property Ownership Guide: Best Practices

A. Conducting Due Diligence

Before purchasing property, thorough research is essential. Key steps include:

**Title Search**: Ensures the property has a clear title.

**Inspection**: Identifies any potential issues with the property.

**Survey**: Confirms property boundaries.

B. Legal Assistance and Resources

Seeking legal advice is crucial for navigating complex real estate transactions. Resources available to property owners in Michigan include:

** Michigan State Housing Development Authority (MSHDA) **: Offers assistance with housing and property issues.

**Local Government Offices**: Provide information on zoning, permits, and property records.

C. Protecting Your Property Rights

Safeguarding property rights involves:

**Staying Informed**: Keeping up with changes in laws and regulations.

**Regular Maintenance**: Ensuring the property is well-maintained to prevent legal issues.

**Documenting Agreements**: Keeping records of all transactions and agreements related to the property.

VII. Conclusion

A. Recap of Key Points

This guide has provided an in-depth look at property rights in Michigan, covering historical context, key terminology, land ownership laws, real estate rights, property regulations, and best practices for property ownership.

B. Encouragement for Property Owners

Understanding property rights is essential for making informed decisions and protecting your investment. By staying informed and proactive, property owners can navigate Michigan's real estate landscape with confidence. Remember, knowledge is power, and being well-versed in property laws and regulations will serve you well in managing and safeguarding your property rights.

By following this guide, Michigan property owners can ensure they are well-equipped to handle the complexities of land ownership, protect their investments, and enjoy the benefits of their property with peace of mind.

If you have any Real Estate issues in Michigan you should contact a knowledgeable real estate attorney. Robert Peterson, Attorney at Law, P.C. stands ready to assist you with your Michigan real estate needs.

But Do You Really Want a Quit Claim Deed?

Sun, 01 Sep 2024 17:24:32 GMT

We often get requests for us to draft a Quit Claim Deed for a client. But is a Quit Claim Deed the most appropriate type of deed? There are numerous types of deeds and each has a different type of purpose.

First, what is a deed?

A deed is the document to legally transfer the title of real property (real estate) from one entity to another. The grantor is the person(s) (or entity) giving away the property. The grantee is the person(s) (or entity) receiving the property.

Quit Claim Deed: (Also called Quitclaim deeds or Quick Claim deeds.)

Quit Claim Deeds are deeds used to transfer whatever ownership rights that the grantor has ( which could be no rights at all , imaginary rights, future rights, or some form of totally screwed up rights to the property). In other words, the Quit Claim Deed passes the property “As Is.” These deeds are riskier deeds which have no guarantees or warranties or protections for the grantee and should be carefully utilized since they have the least protection of any deed. They should never be used when transferring real property between two strangers . If the grantor has bad title to the property, the grantor is simply passing bad title to the grantee without any guarantees of correcting the title or requirements to correct the title for the grantee if the grantee cannot get good clean title to the property. That is also a reason to obtain title insurance when you purchase real estate, and the title insurance will require a deed other than a Quit Claim Deed.

So when could a Quit Claim Deed be appropriate?

A Quit Claim Deed is utilized between trusted parties . If there is a bad title, you can go back to Uncle Joe to get the documents to correct the title. You might have problems going back to a stranger to get documents to correct the title. Situations where you might utilize a Quit Claim include deeding property to relatives , to a spouse , as a result of a divorce or other court ordered transfer, correcting a defect in title, a gift , transfers into or out of a trust , tax foreclosure sale , and a deed in lieu of foreclosure .

Warranty Deed:

Warranty Deeds have warranties or guarantees concerning good title to the property. For this reason, Warranty Deeds should be utilized in the sale and purchase of property. The grantor warranties good title , and if there is not good title, agrees to assist in providing assistance to correct the title. The grantor has an obligation to help defend you if someone appears to have a better title. The grantor also is warranting quiet use of the property and that you can enjoy use of the property. Issues such as adverse possession, nuisances, and trespassing could affect your title and a Warranty Deed helps to protect the grantee against these issues. A Warranty Deed also guarantees that there is no mortgage, lien , or other interest affecting the title. Recording a Warranty Deed also costs $5 more as the county checks to ensure that the taxes that are due have been paid . If you received the property on a Warranty Deed, it is advisable to continue with a Warranty Deed to continue the chain of warranties.

A covenant is a binding agreement between 2 or more parties concerning the usage of a real estate property, A positive covenant stipulates what you are obliged to do to the property. A restrictive covenant prevents you from doing something to the property. There are 6 positive covenants contained in a Michigan Warranty Deed.

1. Covenant of Seisin - Grantor guarantees the legal ability to convey the property.

2. Covenant of Right to Convey - Grantor guarantees the ability to convey the real estate.

3. Covenant Against Encumbrances - Grantor guarantees that the property is not encumbered by liens or mortgages not disclosed.

4. Covenant for Quiet Enjoyment - Grantor guarantees the right to quiet possession and use.

5. Covenant of Warranty - Grantor guarantees the transferring of valid title and possession.

6. Covenant for Further Assurances - Grantor guarantees defense against superior title claims.

These covenants can be very important to protect your interests when obtaining property.

Covenant Deed.

A Covenant Deed provides limited protection to the grantee. It provides more protection to the grantee than a Quit Claim Deed but less protection that a Warranty Deed. A Covenant Deed only guarantees that the grantor is liable for any problems during the grantor’s ownership of the property. So, a grantor only guarantees a clean title within the grantor’s ownership. If there are problems with the title prior to the grantor’s ownership, the grantor is not obligated to help defend the title as opposed to the Warranty Deed in which the grantor is obligated to assist. There are situations in which a Covenant Deed can be proper such as foreclosure sales or commercial property sales in which there were several owners or tenants.

Ladybird Deed.

A Ladybird Deed is a subcategory of deed and can be a Quit Claim, Warranty, or Covenant Deed . In a Ladybird Deed, the grantor grants the property to himself for his lifetime and then if the grantor still owns the property at his death, conveys the property upon his death to the grantee. The grantee simply has to record the grantor’s death certificate to obtain clean title. No probate is needed to transfer title.

What if there is a mortgage on the property?

If the grantor has a mortgage on the property, the grantor should always contact the mortgage company to determine the effect on the mortgage if a deed transfers the property. The mortgage company could call the mortgage because of due-on-sale clauses and the grantor could have his mortgage immediately due simply by adding another person on the deed. Always contact the mortgage company before deeding a property.

Should I have an attorney draft the deed?

Always have a knowledgeable attorney draft your deed . We have seen deed mistakes that require a court to correct, interpret, or invalidate a deed. Real Estate taxes could become uncapped causing taxes to increase due to errors in drafting. These can be simple errors in wording that could have been avoided. Attorney fees for deeds are fairly inexpensive and reasonable for all persons who are considering drafting a deed. Mistakes can be fairly expensive!

What does Robert Peterson, Attorney at Law, P.C. require to draft a Michigan deed?

To Draft a Deed, we always need:

1. A copy of the deed in which you obtained title to the property.

2. A current tax bill .

3. Names and addresses of the grantors and grantees.

4. The ownership method that the grantees are using taking title- husband and wife, tenants in common, joint tenants with rights of survivorship, etc.

5. The type of deed needed (see above).

6. The fee for drafting the deed (and other documents required) and the fee for recording the deed and any other documents needing recording.

We need the following depending upon the circumstances:

1. Purchase and Sale Agreement , and any other agreements, if a sale is involved.

2. Seller’s Disclosure Statement , if a sale is involved.

3. Lead Based Paint Disclosure , if a sale of a building is involved.

4. A copy of the Trust , if a trust is involved.

5. A copy of the Certificate of Trust , if a trust is involved.

6. A copy of the Title Guarantee from the Title Insurance Company, if title insurance is involved.

7. A copy of the Mortgage document , if the property is mortgaged .

8. A copy of the will , if the property is being inherited through a will- and yes you need a deed if you are inheriting the property.

9. Letters of Authority , if the property is being transferred through probate .

10. An Original Death Certificate (if the death certificate has not already been recorded in the Real Estate records- then a copy of the recorded death certificate), if transferring through probate.

11. Copy of the Power of Attorney , if the property is being transferred by the Attorney (Agent) in a Power of Attorney.

12. Copy of the Court Dissolution of Marriage Decree if the property is being transferred in a divorce .

Did the Will Give You the Farm?

Wed, 21 Aug 2024 00:58:23 GMT

Did the Will Give You the Farm?

We can’t tell you how many times that we have heard, “My father’s will gave me the farm/house/camp, etc.” Well, yes and no…

In Michigan, “to be effective to prove the transfer of property … a will must be declared valid by a register's order of informal probate or by a court's adjudication of probate.” ( MCL 700.3102 ). In other words, the will must be probated (a case filed in the county probate court) to transfer title of the willed property.

Under Michigan law, the transfer of property by the death of a decedent does take place upon the decedent’s death. However, the effectiveness of the transfer is contingent upon the probate of the will. (In re Cress' Estate, 335 Mich. 551, 56 N.W.2d (1953) )). Michigan law treats the probate of a will as a process that confirms and formalizes the transfer of title, but for legal and practical purposes, the transfer is effective from the date of the testator's death. You may be able to live on the property, but the will must be probated to effectively own the property for transfer or loan purposes.

But Great Grandpa left the property to us: We’ve seen a case where Great Grandpa died, “leaving” the property to Grandpa, who then died, “leaving” the property to Father, who died, “leaving” the property to son. Son then wants to sell the property but then finds out that he does not have clear title to the property (no effective proof of ownership). Then Son finds out that he must probate Great Grandpa’s estate, Grandpa’s estate, and Father’s estate, and then maybe he’ll get a clear title to the property. What a mess, and costly!

But I am the heir to the property so I can sell it : The will is also not activated until the death of the person. This is another fallacy that we hear often-- that I am the heir to the land and I want to sell the land, BUT Dad is still alive. There is no heir until there is a deceased person. Dad must deed the property to you since he is still alive in order for you to be able to sell the property.

Proper Deeds: Properly drafted deeds are the way to properly transfer property. Michigan has title standards which govern whether a document is properly drafted to transfer property.

What about a Ladybird Deed? Let’s look at one way to possibly avoid probate in Michigan and legally pass real estate to someone upon your death- a Ladybird Deed. With a Ladybird Deed, the property legally passes title to the grantee (person getting the property) upon the death of the grantor (the person giving up the property). However, to still get clear title, the death certificate needs to be recorded with the Register of Deeds in the county where the property is located, as well as the Ladybird Deed recorded if it was not already recorded when the deed was drafted.

In a Ladybird Deed, the grantor (person currently owning the property) retains the property for his/her lifetime and upon his/her death, if the property is still owned by the grantor at death, it transfers to the grantee. The owner, since he/she owns the property during his/her lifetime, can still sell the property, deed the property to someone else (cancelling the Ladybird Deed’s on death transfer since there is nothing to transfer), mortgage the property, rent the property, etc. It is the owner’s property until his/her death.

Can I draft deeds myself? You can draft a Ladybird Deed yourself. However, we highly recommend using an attorney to get a deed drafted properly. We have witnessed several deeds that were improperly drafted by lay people which ended up in court because the drafter forgot important wordage.

Contact a knowledgeable attorney to properly draft your Ladybird Deed to avoid the hassles of probating your real estate .

Contact Robert Peterson, Attorney at Law, PC, for your Michigan real estate needs. You do not need to be in Michigan as long as the real estate you are transferring is in Michigan.

Criminal Convictions Have Consequences

Sun, 18 Aug 2024 20:38:03 GMT

Collateral Consequences of a Criminal Conviction

Imprisonment and Fines: At your arraignment (first court appearance) in a Michigan criminal case, the judge reads to you the maximum jail/prison sentence and the maximum fine for the offense. These are statutory requirements for the specific offense.

Other costs: But jail and fines are not the only consequences of a criminal conviction. Different types of crimes have differing consequences. Often these “collateral consequences” have an impact which greatly exceeds the statutory fines and imprisonment. For example, sex-related crimes may have sex offender registration requirements. Assaults and related crimes may have reimbursement for damages and injuries as well as No-contact orders. Operating while Intoxicated crimes may have requirements for driving restrictions or suspensions, substance abuse treatment, and impoundment of the vehicle.

• Monetary costs: Fines for conviction of a crime are only the beginning of the costs of conviction in Michigan. In addition to the fines, a convicted defendant may pay:

o Court Costs which are the actual costs of running the criminal court divided by the actual number of cases. In Ontonagon and Gogebic Counties, these currently run $300 per criminal case.

o There is also a Crime Victim Fee to reimburse crime victims and that fee currently runs $75 for misdemeanors, $130 for felonies and $25 for juvenile offenses.

o A State Minimum Fee currently runs $50 for misdemeanors and $68 for felonies and is assessed per count ( MCL 769.1j. )

o Bond fees of 10% of the bond are assessed if you personally paid the bond, were convicted of the offense, and have complied with bond conditions. ( MCL 780.66 ).

o Probation fees are assessed if you are placed on probation and include $30 per month of probation or $60 per month if on electronic monitoring ( MCL 771.3c ).

o Jail lodging fees will be billed when you leave the jail. In Ontonagon the fees currently are: $35 for the first day, $10 per day after the first day, a booking fee of $12, a warrant fee of $10, and payment for any medications. (A discount is applied if paid within 30 days.)

o If you applied for a court appointed attorney , those fees are added to the costs. If you hired your own attorney, of course you pay those retained attorney fees.

o If your license was suspended or revoked there will be costs to reestablish your driver’s license , including possibly costs for retaking driving tests. A reinstatement fee of $125 may be accessed if your license was suspended or restricted (and you may have multiple fees depending on your situation). If your license was revoked or denied, you will need to apply for an administrative hearing (which may involve additional costs) or appeal to the circuit court (with filing fees).

o You may be required to reimburse state or local governments. (MCL 769.1f).

o You may be ordered to attend substance abuse treatment which you are required to pay for in-patient or out-patient treatment, after attending an assessment that you pay for. You may be placed on an alcohol tether which also costs money. You may be required to place a monitor in your car which has monthly costs.

o You may be required to pay for any random substance abuse testing by law enforcement or probation which is required by the court or probation.

As you see, the financial costs can easily run many times the maximum fine cost. It is not unusual for a $500 fine to actually run over $2500 in real costs.

• Employment costs : Employment effects should also be considered. Jobs are tight, and a criminal conviction can hurt your ability to get a job.

o If you have a professional or occupational license , a conviction, and in some cases an arrest, must be reported to your licensing authority . (LARA for most licensing, Michigan Supreme Court for attorneys-Grievance Commission and Attorney Discipline Board). That could lead to a suspension or revocation of your professional or occupational license.

o Certain employment opportunities could be prohibited as a result of a conviction.

o Driving offenses and substance abuse/alcohol convictions could affect jobs that require a driver's license, pilot’s license, marine, or a railroad license . Commercial Drivers Licenses can be revoked or suspended for even minor amounts of alcohol. For a listing of actions taken by the Michigan Secretary of State concerning offenses see Offense Code .

o Substance abuse can affect many types of jobs. You may be fired for substance abuse. Work vehicles may have to be modified with breath monitoring equipment. Costs to the company go up.

o Security clearances can be revoked due to a conviction or involvement in certain types of crimes.

o Adverse actions to federal employment can be taken even if not related to your job.

o Liquor licenses or gambling licenses, lottery licenses, livestock or agricultural licenses or wildlife licenses can be affected. The revocation or denial of these licenses can affect your property rights or corporate ownership interests.

o Insurance costs can increase- sometimes dramatically or coverage can be denied.

o Bonds might be required to perform certain jobs.

• Government Benefits costs: Federal and state benefits can be affected. You are ineligible for certain benefits such as worker’s compensation benefits, SSDI, and SSI for the period of incarceration . Federal whistleblowers awards can be denied. Welfare benefits, health benefits, government contracting, educational benefits, and loans and grants can be denied or suspended.

• Immigration Costs: If you are not a U.S. citizen, your immigration status could be affected, including deportation for relatively minor crimes ( 8 US Code §1227 ). Aggravated felonies under the Immigration and Nationality Act can lead to mandatory deportation . Crimes involving Moral Turpitude, Controlled Substance Crimes, Crimes Against Children, Crimes of Domestic Violence, Firearm Offenses, and Crimes Involving Prostitution and Commercialized Vice can all have immigration consequences. Your right to reenter the U.S . could be affected. Future citizenship could be denied. Y ou need to contact your immigration attorney immediately to discuss the possible affect if you are not a U.S. citizen.

• Legal costs: Legal cases can be affected. Parental rights such as custody or visitation can be affected, as can foster care, adoption or name changes. The judge is required to consider the best interests of a child in custody cases. Personal injury cases, workers compensation, and fraud cases can be affected even if you are the victim. In some cases you can also be sued for damages . Of course, you also have attorney fees, either court-appointed or for retained counsel.

• Forfeiture costs: Vehicles or other property such as cash may be forfeited to the state as a result of a conviction of certain crimes.

• Recreational and Gun costs: Hunting, fishing, and ATV rights may be denied or suspended. State Gun rights / Federal Gun rights , and Concealed Carry Permits may be taken away from felons or those convicted of assaultive crimes. Department of Natural Resources wildlife penalties are located at this website . Fish penalties that require a $10 judgment fee are located here. Wildlife penalties that incur a $10 judgment fee are located here .

• Sex offender Registration costs: Sex Offender Registration requirements can affect where you live, work, who you can be around or associate with . This can affect your ability to get a job . Registries are public and your inclusion on a list will be public information. Failure to comply will usually lead to jail or prison.

• Travel costs: Travel can be affected. Probation typically does not allow a probationer to leave the state. In an area such as the Western UP, we are adjacent to Wisconsin, but with a conviction you may not be able to drive 10 minutes away to a Wisconsin store. International travel can be affected. Canada and other countries restrict travel by certain convicted criminals. You may be denied a passport in certain circumstances such as owing taxes or child support.

• Public rights costs: Voting rights can be affected if convicted of a felony. You may be ineligible for jury duty or public office (both elective and appointive) and volunteer activities.

• Enhancement costs: Conviction of certain crimes can lead to enhancement charges leading to additional jail/prison sentences or increased fines. For example, Operating While Intoxicated (OWI) priors can increase penalties for a second OWI or a third/subsequent OWI. Driving while License Suspended, Revoked or Denied can be enhanced by further violations. Felonies are enhanced by committing felonies following a felony (or attempted felony) conviction.

• Housing costs: Housing can be affected. Landlords run background checks and may deny you because of a conviction, drug use, or sex offender registry. Government subsidized housing can be denied. Residency in certain areas can be denied. Disclosure, registration and mandatory supervision requirements for sex offenders limit housing. Disclosure of criminal history can affect housing.

• Loan costs: Some lenders will deny loans based on a criminal conviction, and it may be difficult to obtain loans such as mortgages, car loans, personal or business loans. Loan interest rates may be much higher . In some cases such as possession or sale of illegal drugs, conviction may make you ineligible for student loans.

• Restraining Orders, No-Contact Orders, No Trespass Orders costs: You may have an order that prohibits you from going to a particular location such as your home. You may be denied the right to keep and carry a firearm . You may be prevented from contacting certain people or conducting certain activities.

• Reputation costs: Your reputation is affected by the charges and a conviction. Rumors and chatter about your case may disrupt your job and your life. Court information is public information and may be obtained by neighbors or employers.

Triggers for collateral consequences: There are numerous triggering offenses for collateral consequences. In some cases, it is merely “any offense”, “any felony”, or “any misdemeanor”. Some triggers are specific to a type of offense: crimes of moral turpitude; crimes involving fraud, dishonesty, misrepresentation or money laundering; crimes of violence; weapons offenses; controlled substance offenses; sex offenses; public corruption offenses; election-related offenses; recreational license violations; motor vehicle offenses; child support violations, and other such as environmental law violations, animal cruelty, or gambling related.

Can I move from my state? If you move to a new state, the new state’s collateral consequences would apply and for some consequences the previous state would apply due to interstate agreements and rules and federal laws.

Where can I find specifics on the collateral consequences? You can search for collateral consequences for a specific offense on this website: Consequences

Can I get relief from collateral consequences? General relief such as expungement, sealing records, set-aside measures, pardon, and restoration of rights may counter some of these collateral consequences.

CONTACT A RESOURCEFUL, KNOWLEDGEABLE CRIMINAL DEFENSE ATTORNEY IN ONTONAGON TODAY!

As you see, there are numerous and complicated consequences of a criminal conviction and in some cases, even an arrest can trigger the consequences. You need to hire an experienced attorney to help lessen or eliminate the consequences of a criminal conviction. A dismissal of charges is your best option, but winning an acquittal is second-best, although it requires going to a trial which involves time, effort and resources. Robert Peterson, Attorney at Law, P.C. can assist you with these consequences and can assist in defending you against lifelong effects of a criminal conviction. Contact us today to schedule an appointment.

robert-peterson-attorney-at-law

What Do I Do After the Death of a Family Member or Friend?

What Do I Do After the Death of a Family Member or Friend?

﻿ Checklist for Deceased Family

Member or Friend

Simplified Checklist for Executor/Personal Representative

Understanding Probation Violations in Michigan: A Guide for Probationers

Understanding Michigan Probation Violations

Understanding Sexual Assault Charges in Michigan: Frequently Asked Questions

Understanding Sexual Assault Charges in Michigan: Frequently Asked Questions

Substance Abuse Assessment and Treatment Providers in Ontonagon and Gogebic Counties in Michigan

Treatment providers in Ontonagon and Gogebic Counties in Michigan

FAQs on Domestic Violence in Michigan: Understanding the Legal Landscape

Understanding Child Abuse and Neglect Cases in Michigan: FAQs

Understanding OWI in Michigan: Frequently Asked Questions

Legal Links

Laws:

Laws-International Laws

Laws-Michigan Compiled Laws (MCL)- selected laws:

Laws- Federal Laws and Regulations:

Michigan Civil Proceedings:

Michigan Criminal Proceedings:

Michigan Probate Court Proceedings

Estate Planning for Digital Assets: Managing Your Online Accounts and Legacy

Juvenile Law & Counseling Services for Minors: Comprehensive Mental Health and Legal Support

Simplifying the Michigan Probate Process: A Step By Step Guide

Comprehensive Legal Assistance for the Elderly: A Guide to Elder Legal Services and Support

Understanding Property Rights in Michigan

But Do You Really Want a Quit Claim Deed?

Did the Will Give You the Farm?

Criminal Convictions Have Consequences

Checklist for Deceased Family