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Michigan Legal Articles

Law related articles writen by lawyers
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Change of Circumstances or Good Cause Required to Revisit Custody Defined

  August 11, 2015     By Byers & Goulding, PLC
Divorce lawyer from Rochester, Michigan explains that a change of circumstances or good cause is required before the court may revisit custody

Why a Traumatic Brain Injury Can Lead to Financial Ruin

  June 25, 2015     By Christensen Law
Some auto accidents seemingly result in only damage to two or more vehicles and no injuries to the drivers or passengers. What is common, however, but not often acknowledged, is that plenty of car accidents also lead to traumatic brain injury (TBI). The force of two or more cars colliding can do plenty of unseen damage, the result of which could lead to a person’s financial ruin.

Lower Standard to Remove Restrictions on Parenting Time in Michigan

  April 22, 2015     By Byers & Goulding, PLC
To modify custody the parent seeking the modification must show that there is a change in circumstances or good cause to revisit custody before the court will even consider a potential modification. The same is true for parenting time however the courts in Michigan have held that there is a less stringent requirement regarding the change of circumstances or good cause in order to modify parenting time.

10 Key Defenses to Michigan Drunk Driving Charges

Hundreds of people plead "guilty" to drunk driving charges everyday. Unbeknownst to them, their lives will be dramatically changed for years to come. So, before saying "guilty", take the time to evaluate defenses to the drunk driving charge.

5 Actions Your Criminal Defense Lawyer Should Take

In every criminal case, whether a misdemeanor or felony, there are 5 key actions that the best criminal defense lawyers take. These actions ensure you get fair bond conditions (pretrial release) and a chance to examine the evidence against you. Once the evidence is examined, your attorney will identify your best defense, and file the appropriate motions to advance your defense.

The “Pro Se” Bankruptcy Filing Problem in Detroit

The Detroit bankruptcy court in recent years has been inundated with a large number of "pro se" bankruptcy filings. In many of these cases, the debtors have been helped with the preparation of their petition and schedules by individuals whom the court has prohibited from assisting people for failure to abide by the rules that bankruptcy petition preparers must follow.

Common Cases of Medical Malpractice

Everyone makes mistakes. No matter how confident someone is in their abilities, they are only human. Sadly, this applies to doctors just like everyone else.

Shedding Light on Vehicle ‘Bright’ Laws in Michigan

High beam lights, better known as brights, are an important safety feature in every car. When driving in the dark on a remote or poorly lit road, activating your brights can increase your visibility by up to three times. But while brights make navigating the road safer for you, they can actually have a reverse effect on other drivers when used improperly, causing blurred vision and increasing their risk of being involved in a motor vehicle accident.

What Can I Do to Prevent or Stop Dog Attacks?

Dog attacks can be extremely vicious, dangerous, and painful and if you are the owner of the dog, you may get sued - so preventing dog attacks is good for both parties all around.

Michigan Assault Charges and The Stand Your Ground Defense

Michigan assault charges can be defended by asserting self-defense. There is a Michigan Self-Defense statute, MCL 750.951 and jury instructions which protect a defendant's right to self-defense. In many cases, there’s no legal duty to retreat from an attacker -- at home or out in public. This is known as the Stand Your Ground defense.

Neglecting Safety On The Roads Proves Deadly for Teen

After neglecting to wear a seat belt, a Kansas teen sustained fatal injuries in a single-vehicle auto accident on the state highway.

How to Find a Good Personal Injury Attorney

If you are wondering how to sort through the mess of personal injury attorneys so that you are able to hire a good one that provides quality (and winning) work, please read on.

Michigan Fireworks Accident Injury Lawyers Gives Fourth of July Safety Tips

Best lawyers for Michigan fireworks accident injuries gives safety tips for the Fourth of July holiday season.

Defective Medical Device Lawyers Now Accepting Michigan Mirena IUD Lawsuits

Defective medical device lawyers at Buckfire & Buckfire, P.C. are now accepting Michigan Mirena IUD lawsuits.

Michigan's MIP Law Offers Deferred Prosecution

The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.

Discovering Evidence in Criminal Cases

Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.

Drug Convictions Disqualify Student Financial Aid Applicants

People with a one drug possession conviction lose Student Financial Aid eligibility for one year from conviction date. People with two drug possession convictions or one drug sales/delivery conviction lose eligibility for two years. Those with three drug possession convictions or two drug sales convictions are ineligible indefinitely.

What Comes First: Bankruptcy or Divorce?

It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.

Taking a Look at Some Common Defenses for Criminal Charges

This article describes the most common defenses used when facing a criminal charge. It's important that the accused are made aware of their rights so that they can properly defend oneself. Briefly describes self-defense, statute of limitations, alibis, entrapment, and insanity defense strategies.

Michigan Implied Consent & Drunk Driving Laws: The Double Edge Sword

The Michigan Implied Consent statute has the power of a double-edged sword when added to the fines, costs and jail-time handed out for a drunk driving conviction. If a driver refuses to consent to a chemical test, they face a mandatory 12 month suspension, and 6 points on their driving record.

What You Should Know About Bankruptcy

The average person knows little about bankruptcy, but many have heard common bankruptcy myths floating around. If you are drowning in debt, this is what you should know about the bankruptcy basics.

Head-On-Collisions - The Most Dangerous Type of Car Accident

A brief article regarding the dangers of head-on-collisions and how to deal with injuries sustained afterwards.

Driver Distraction Leads to Serious Injury or Death

An overview into the impact that distracted drivers have in the State of Michigan and various ways that it can avoided.

Horizontal Gaze Nystagmus

For those that are pulled over and tested by an officer for signs of drinking and driving, one thing that is commonly looked for is the onset of Horizontal Gaze Nystagmus, which can be a sign of alcohol consumption. While nystagmus can be evident in anyone, alcohol can cause it to be more severe or occur sooner than it normally would.

Why You Should Advise Your Michigan Drivers License Attorney of Any Addictive Prescription Medications

If you are meeting with Michigan drivers license appeal lawyers to select one to help reinstate your drivers license, make sure to disclose any medications you are currently taking. Failing to advise your Michigan drivers license appeal lawyer of the medications you are taking can be fatal to your case. This is especially important if you are taking addictive prescription medication

Effect of DUI (Driving Under the Influence) Convictions in the United States on Canada Immigration

Driving Under the Influence of Alcohol (DUI), impaired driving and similar US convictions, have many consequences for an individual, including a possible criminal record in the United States. Those who are not US citizens, also have to be concerned about possible US immigration consequences of their DUI criminal conviction.

US Illegal Immigrants Wise to Look to Canada for Immigration Solutions

US immigration laws, regulations and policies are complex and contradictory. The impact is profound. Many find themselves struggling for years or even decades to normalize their status and obtain permanent residence in the United States. Unfortunately for millions, the struggle ends with nothing more than a deportation order. This causes tremendous stress on families to see their loved ones deported and removed from the United States.

TN Visa and Spouses and Children

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study.

TN Visa

TN status is a nonimmigrant classification that enables Canadian and Mexican citizens to work in the United States pursuant to appendix 1603 of the North American Free Trade Agreement. The history of the TN is interesting. On December 17, 1992, the Presidents of the United States and Mexico and the Prime Minister of Canada entered into the North American Free Trade Agreement (NAFTA).

The H-1B Visa and the Specialty Occupation Requirement

H-1B visas are typically utilized by U.S. employers seeking to employ a foreign national in a specialty occupation. See www.uscis.gov. Prior to filing the I-129 petition for an H-1B visa, a Labor Condition Application must be applied for with the Department of Labor. The Labor Condition Application requires the U.S. employer to make four essential attestations in order to protect the U.S. labor market.

Is it Possible to Sue the Negligent Driver for Pain and Suffering in Michigan?

If you live in Michigan, you probably know the premise behind no-fault auto insurance law, but you may not know that your ability to bring a third party lawsuit against the negligent driver is severely limited. In return for the limited ability to bring a third party suit, it should be easier to collect expenses such as medical bills, but the Michigan auto insurers are now trying to deny drivers even these benefits if they are at fault even though Michigan has a no fault system in place!

Lawyer Explains the Differences between Motorcycle and Auto Crashes

Michigan no-fault insurance is designed to make sure anyone involved in auto accidents in Michigan has their medical needs paid for and any income lost to injuries reimbursed. It doesn’t matter who is at fault in the accident or how many vehicles were involved. If you’ve been involved in an auto accident, it’s important to know what benefits you’re entitled to.

Michigan Tax Tribunal Undergoes Procedural Changes

For various reasons relating to the increase in property tax appeals in recent years, the Michigan Tax Tribunal has found itself in a position where numerous procedural changes are necessary in order that it might keep up with claims. The following article addresses these changes.

New Helmet Laws in Michigan Allow Freedom for More Experienced Riders

For years, a mandatory motorcycle helmet law was in effect throughout the state of Michigan. However, recent changes have made the state slightly more lenient regarding the use of motorcycle helmets. Bikers now have the option to ride without a helmet, provided they meet certain requirements under the new law.

Michigan’s Medical Marihuana Act

Approved by 63% of voters throughout Michigan, the Medical Marihuana Act became effective as of April 2009. This Act allows the use of Medical Marijuana within the state in accordance with the provisions stated, and over 222,413 original and renewal applications have been received since the creation of the Act. Only Michigan residents can apply to be a registered patient in the Michigan Medical Marijuana Program (MMMP).

Road Surfaces

A short article describing how damaged road surfaces and poor road design lead to auto accidents and how you should proceed if you feel your accident was caused by these reasons.

Supreme Court Opinion Raises Bar for Criminal Defense Attorneys

In mid March of 2012, the Supreme Court of the United States approved a request for a new trial for a Michigan man who claimed that his lawyer had been giving him bad advice. The Cooper case highlights one of the most important aspects that both lawyers and the general public should take into account when it comes to cases of criminal defense.

Defining the Different Fraud Crimes

Fraud is one of the more serious criminal offenses that a person can be charged with. Though it is not serious due to a physical act of violence, in most cases, it is a serious offense in the sense that it can cause great financial turmoil for a victim of fraud and potentially put a victim or group of people in danger.

Chapter 7 vs. Chapter 13: Important Information You Need to Know

Few people are unfamiliar with the bankruptcy terms referred to as Chapter 7 and Chapter 13. However, far more are less familiar with what the difference between these two types of filings is and just how it can be determined when to use one versus another. Bankruptcy is most often a court-ordered process that is first initiated by the debtor.

An Introduction to Trademarks and Service Marks, Part I

A trade name can be the legal name of a company or may be a name under which it does business even though not actually incorporated under that name. For reasons that are primarily historical, trade names themselves are not federally registered, although may be registered by states.

What is Wrongful Death under Michigan Law?

If you or a family member has lost a loved one due to an accident you may have means for a Michigan wrongful death lawsuit. Many people may ask, “What is wrongful death?” A wrongful death is defined as a death that resulted due to the negligence or misconduct of another person.

Michigan Medical Malpractice Attorneys Handling Medical Error Lawsuits

According to the Millennium Research Group, medical errors are the fifth leading cause of deaths in the United States, with up to 98,000 deaths annually. Research has found that medical errors are the third highest cause of death in the U.S., following heart disease and cancer.

Hospital Errors and Medical Malpractice Lawsuits in Michigan

Our medical negligence attorneys in Michigan represent plaintiffs in malpractice cases against Michigan hospitals and their staff members for hospital errors. Hospital errors are not uncommon, as they attribute to 225,000 deaths per year. However, the number may even be larger than that, as 80 percent of hospital errors go unreported by hospital employees, according to the U.S. Department of Health and Human Services (HHS).

Medication Errors and Michigan Medical Malpractice Lawsuits

1.3 million Americans are injured every year due to medication errors. These errors are preventable. The National Coordinating Council for Medication Error Reporting and Prevention, defines a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm while medication is in the control of the health care professional.

Medical Negligence Attorney Discusses Michigan Lawsuits

Our Michigan medical negligence attorneys realize that many of times patients injured due to medical malpractice don’t always file a lawsuit, not understanding their rights or knowing they are a victim of malpractice. The Institute of Medicine of the National Academy of Sciences found that nearly 90,000 people lose their lives annually in the hospital, resulting from a medical error; however, only 2 percent of those who suffer injuries from medical negligence make claims.

Child Medication Errors and Michigan Medical Malpractice Lawsuits

Our medical negligence attorneys in Michigan recognize the high risk of medication errors in hospitals and you should too. “Know all the drugs you r child is getting: know the dosages and the schedule of those drugs,” says Dr. Joseph Scherger of the University of California at Irvine. “The parent needs to be aware that hospitals are dangerous places.”

What is Medical Malpractice?

Most medical malpractice victims never recover a dime because they do not know they are victims of medical negligence. Our medical negligence attorneys in Michigan want to educate individuals on what is medical malpractice. In fact, it is estimated that 225,000 deaths result from medical malpractice, but nearly two percent of people who have suffered an injury from malpractice ever file a claim.

Motorcycle Crash Attorney Discusses Causes of Motorcycle Accidents

Our motorcycle crash attorney represents victims of Michigan motorcycle accidents. The results of these accidents are catastrophic, many of times resulting in wrongful death. In fact, the probability of a getting into a motor vehicle accident and suffering injuries is much higher driving a motorcycle than driving in a car.

Motorcycle Crash Attorney Discusses Motorcycle Accident Injuries and Helmet Facts

Our motorcycle crash attorney represents motorcyclists injured in Michigan motorcycle accidents. The injuries suffered in these accidents many of times result in very catastrophic injuries. Although, there are different views on whether or not helmets do protect the safety of the biker, we would like to share with you some interesting statistics reported by the Centers for Disease Control Prevention (CDC).

Michigan Car Accident Lawyer Gives Winter Safety Driving Tips

Top Michigan car accident lawyer advises drivers on how to prevent auto accidents during the winter season. Call now if you suffer injuries in a Michigan auto accident. Our Michigan car accident lawyers often represent auto accident victims in cases that result from hazardous winter driving conditions. Many times, these car accidents could have been avoided had a few driving tips been followed by the driver. A few basic safety rules can go a long way toward accident prevention.

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