Frequently Asked Questions

Our office handles personal injury matters. We would be glad to discuss the facts of your case with your.

Normally, the attorney will front the costs of the lawsuit. The attorney is reimbursed out of any recovery that is obtained.

If you are like most people you should have a Will at such time as you turn 21 and have any assets. You should consult an attorney to see what would happen with your assets if you died without a Will. The rules differ in many of the states. Therefore, a general answer is not possible.

However, if you are unmarried, you need to decide whether you want parents or siblings to equally receive shares in your assets or whether you would like them to receive unequal distributions. If you are married, you need to decide whether all of your estate would go to your spouse. If you have children, you need to decide who would take care of them and who would handle their financial assets in the event of your death. You would need to determine whether you would like to make specific gifts or make any legacy distributions.

You should review your Will at least once a year (perhaps when you check smoke detectors or change from day light savings time to standard time). Check my suggestions for important events that should cause a review. You should review it with an attorney every 4-5 years because laws change and you may wish to take advantage of one of those changes.

The answer depends upon the nature of your assets and where you want them to go. The assets will go completely to your parents. You need not do anything if that is what you want. However, if your parents are elderly, it may be advisable to put assets into a trust and name a person in whom you have confidence as trustee to preserve and distribute the assets for the benefit of your parents. This will relieve them of the administrative decisions regarding the investment of those assets. Placing real estate in a trust makes selling that property much easier. It will be necessary to obtain probate court approval to sell those assets if they are not in a trust

Good question. Both documents can direct where the assets go at the time of your death. A Will requires a court to appoint a "personal representative". The personal representative becomes the "owner" of your assets and, as "owner", can sell or transfer those assets as you have directed. In a trust, the trustee becomes the "owner" of the assets. The benefit of the trust is that you can name yourself as the trustee so that you still have complete control over the assets. A successor trustee would take over in the event of your death or incapacity. Therefore, there is always a person who has the authority to carry out the terms of the trust as you wish without court intervention.

A trust is a legal document that creates a separate entity to handle some or all of your assets. The parties creating the trust are the grantors. Frequently, the grantors retain control of the trust assets by naming themselves trustees. A trust is a good way to avoid probate and to keep your assets private. You and your attorney can determine whether a trust is advisable after you discuss your personal desires and assets.

That is a reasonable invasion of their privacy request on your part and should not be considered an invasion of their privacy. Presumably, your parents will pass away before you do. You need to know what their wishes are for the disposition of their assets. Discussing this with an attorney can avoid bickering among survivors, preserve peace in the family, and insure that the beneficiaries are those desired by your parents and that the amount that each beneficiary receives is consistent with your parents' wishes.

Not immediately and not entirely. As long as the property is in your joint names it will be distributed to the survivor. However, if it is only in an individual name then the children may have a claim to it.

Most parties are able to agree on this. The test in Michigan is what is in the best interest of the children. The law sets forth about 10 specific factors and then says "anything else that is relevant". The opinion of a child may be considered if that child is of suitable maturity.

The fact that a spouse is working does not automatically mean that spouse will not be able to receive spousal support. The court must do what is fair. Ther are a number of factors that the court must review in order to determine what is fair. Length of the marriage, financial status of each of the parties and what the parties were accustomed to doing prior to the divorce are all factors the court will consider.

That will depend upon whether there is a court order preventing our spouse from coming to the house. One of the spouses will normally leave the marital residence prior to the divorce becoming final. Courtesy becomes the normal rule once the spouse leaves. Just as a person would not normally go over to a third party's home without first calling, the spouse should not return to the marital residence without first calling.

Your marriage is what is considered a "short term marriage". Most judges in short term marriage cases attempt to place the parties in the same position they were in before they were married. There may be some modifications as a result of specific instances where there has been a substantial increase in the value of an asset because of the efforts of one of the parties; but the general rule is to return the parties to their pre-marriage status.

The normal rule is that the marital property is to be divided equally. There are exceptions to the rule and you should discuss exceptions with your attorney. "Marital property" is normally considered property that is acquired after the marriage. Therefore, any appreciation in your home will be considered marital property. This assumes that joint assets were used after the marriage to pay the mortgage and taxes on the property. Your attorney will be able to explain this more specifically for your case.

The answer is yes if the pension was earned during the course of the marriage. You would be entitled to a share. However, the military requires certain specific language to be included within the Judgment of Divorce before it will recognize the court order. Consult an attorney who is familiar with those requirements.

It depends on how long you have had that inheritance and how it has been used. If you kept the inheritance as your separate property (spouse's name may be on it also but only if it's as a matter of convenience) it will not normally be considered marital property. On the other hand, if you used that inheritance for the benefit of you and your spouse and family, it will usually be included in the marital property.

There are many drinking and driving offenses. The key to remember is that they are distinguished by how bad the driving was, whether there were any other occupants in the vehicle, injury to occupants to your vehicle or others, and the existence of prior convictions. All of them have an effect on your driving privileges. All of them include either potential jail or mandatory jail. You can check the section of this website that deals with penalties or check with the Michigan Secretary of State website. http://www.michigan.gov/documents/2000_with_links_19846_7.pdf

That depends on what the client wants. Sometimes criminal charges make a client very nervous. The client would prefer not to have to speak on his or her own behalf. The client wants the attorney to do that.

Normally, the client is not sophisticated in legal issues. The client wants to know what the law is, whether there was a valid arrest, whether the scientific evidence obtained by the prosecution is admissible at trial, and whether the client should proceed to trial or enter a plea of guilty. The decision is the decision of the client; however, the information necessary for the client to make that decision is provided by the attorney.

Finally, some clients want to proceed to trial. Even if the defendant is an attorney, it is inadvisable for the attorney to represent himself or herself. An independent attorney is the client's best alternative.

I am not sure to which "breath test" you are referring. Usually there are two breath tests. One is called the Preliminary Breath Test (PBT) and is administered at the scene. The second is called an Evidential Breath Test (EBT) and is usually taken at the police station. The failure to take the PBT in Michigan is a civil infraction. The failure to take that test is not usually admissible in trial. The general advice is to politely refuse that test.

On the other hand, the failure to take the EBT (in Michigan it is on a DataMaster or DataMaster DMT) can have substantial consequences. The police officer will usually file a notice with the Secretary of State that states that the officer had probable cause to believe you were driving while intoxicated, that the officer arrested you for operating while intoxicated, that he explained to you that you could have an alternative blood, breath or urine test administered by a third party once you took the test being offered by the officer, and that you unreasonably refused. The driver is entitled to a hearing before the Secretary of State state's office. However, that is frequently unsuccessful. The driver's license is suspended for one year unless a circuit court modifies that decision.

It is extremely important to have an attorney represent you at that hearing.

"Look back" refers to how far back the police will look to see if you have another prior alcohol conviction. The sanctions are substantially increased if this is a second conviction within 7 years of a prior alcohol conviction or if you have 2 priors at any time in your past.

A suspended license will be automatically reinstated at the expiration of a given period of time. Licenses are suspended for, among other things, a first offense alcohol conviction of operating while intoxicated. It is also suspended for an Implied Consent refusal to take a chemical test. When a license is revoked, it is revoked for a minimum period of time and is not automatically reissued at the expiration of that minimum amount of time. The driver has to file pleadings with the Secretary of State to ask for a hearing to return the license. The Secretary of State may deny the request or grant the request with restrictions placed upon the driving.

As a general rule there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some situations, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for one.

Unlike the chemical test where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are additional evidence which the suspect inevitably "fails". Thus, in most cases, a refusal may be appropriate.

You will probably be asked to take a preliminary breath test (PBT). You should be told that the only penalty if you refuse the PBT is a fine. If you fail either test you will be told that you are under arrest for driving under the influence. You will be handcuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will be booked and held there until you post bail or until a judge releases you on your own recognizance without bail. Once again, as upsetting and as stressful as being arrested is, it is essential that you continue to act courteously and cooperatively with the officer. Do not argue, or become belligerent in any way.

This type of behavior will only make the experience even more unpleasant for you.

It is not possible to point to one defense or group of defenses for every case. Depending on the facts of your case, the following defenses may or may not apply.

Improper Stop - If it can be shown that the police did not have a proper cause to stop your vehicle, then the evidence collected after the stop might be thrown out. The legal standard is that the stop must be justified by probable cause or an articulable suspicion that criminal activity was afoot. Of course, notice of a violation of the traffic code, such as speeding or weaving, will provide a sufficient basis for the stop as well.

Improper Arrest - It will be important for your attorney to determine if your arrest was statutorily and constitutionally proper. This is because an improper arrest sometimes lead to the court throwing out the evidence, and ultimately to the dismissal of charges.

Improper Police Procedures Relative to the Chemical Testing - The taking of breath and blood samples is governed by statutes and administrative rules, as well as calibration and maintenance of the testing instruments. If it can be shown that the police did not follow these statutes and administrative rules then the test result sometimes be thrown out. While this is unlikely to lead to a dismissal, it does make the case a better candidate for victory at trial.

Improper Police Procedures Relative to the Field Sobriety Tests - While there are no standardized rules applicable to the taking of field sobriety tests, there are police training manuals and the like that can be used in cross-examination to see that a police officer did not administer the field sobriety test(s) properly. There is also scientific studies that show how inaccurate the field sobriety tests really are. While these facts and circumstances will almost certainly not lead to a dismissal they should help to persuade the jury to view things more favorably for the defendant, and hopefully result in a non-guilty verdict.

Defects in the Charging Documents - Any irregularities in the charging documents and police reports can sometimes be used to call the police officer's credibility to question. The argument to the jury is if the police officer is mistaken as to the direction your car was traveling then perhaps he/she is mistaken as to other facts as well. This is critical since the prosecutor's case usually turns on the testimony of the arresting officer(s).

Suppression of Incriminating Statements - While the courts seem less and less inclined to suppress incriminating statements based on a police officer's failure to read a defendant his/her rights, "non-Mirandized" statements are still sometimes suppressed. If you made admissions regarding how mcuh you had been drinking then ask your attorney to determine if Miranda applies and if these statements will be suppressed.

Increasing Blood Alcohol - In an unlawful blood alcohol case (UBAL) the prosecutor must show that your blood alcohol was over the legal limit at the time you were driving. Thus, if the chemical testing (breath/blood/urine) in your case was not performed until long after the actual arrest (and presumably the act of driving) then you can argue to the jury that these chemical tests results should be given more weight. Expert testimony is usual helpful to drive this point home to the jury.

The benefits of ADR are saving the expenses of litigation, time involved in litigation, and being able to have frank discussions about the strengths and weaknesses of your case. Trials involve attorney fees, witness fees, deposition fees for both the witness and the court reporter, and court fees. Unfortunately the parties and the attorneys may find that they have prepared for trial on several occasions before the case actually foes to trial. The attorneys will want to be paid and the parties will be nagered by their waste of time.

The lawyers usually select the mediators. Frequently the judge, if a lawsuit has already be filed, will make "suggestions" identifying a person the judge believes would be appropriate for the case.

The arbitrator is usually chosen by the lawyers, sometimes they are limited to a choice from a panel, and at other times, the arbitrator will be chosen by the manager from a panel of suitable arbitrators. Finally, the Court can appoint an arbitrator unless specific language in a contract requires another method.

The case evaluation panel is most frequently chosen from lists prepared by the Court Administrator. The Court Administrator maintains separate lists of plaintiff attorneys, defense attorneys, and neutrals. Usually the Administrator will rotate through the lists.