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Macomb County Law Blog

Found wallet results in charges for 2 people from Michigan

The difference between suspicions and criminal charges is a prosecutor's confidence that he or she can make a case. This may be in front of a jury or a judge, but a judge will decide the most vital part of the case. The evidence that may be considered is what spells the difference between a conviction and an acquittal or dropped charges.

Sometimes, evidence ends up in the hands of prosecutors or law enforcement officers in improper or illegal ways. The Fourth Amendment in the U.S. Constitution and Article 11 in the Michigan Constitution protect people's rights against unreasonable search and seizure of their personal effects.

Child care exception upheld by Michigan court

We all want the best for our children, and most people want the best for future generations in general. The only disagreements over these issues come when people have opposing views of how to protect the interests of the people we love.

One issue regarding the care of future citizens is the guides that people use to choose the best path for child care. Religious requirements or objections may create obligations that are respected as beliefs but challenged under scientific or public health grounds. In Michigan, it now seems less likely that parents' choices can be held against them based only on those beliefs

Truck accident in Oakland County may have involved lack of sleep

Michigan is home to plenty of equestrians, bicyclists and even dog sledders, but there is no more popular way to get around than by motor vehicle. The Wolverine State was also instrumental in the development of cars and trucks, giving Detroit and other cities a sense of extra pride for their rides.

Unfortunately, the popularity of motor vehicles also brings the hazards of collisions. Many types of collisions spike at various times of the week or the year, like rush hours on Fridays and Sundays or the common motorcycle craze in the spring months. And various types of motor vehicles pose different threats to the people inside it and around it.

Michigan deals with the role of the state in marriage

Marriage is one of the most ancient institutions in the human experience. Nearly all cultures accepted that people can choose to bond to each other for the purposes of creating a family and home in all of recorded history. The traditional officiant of these marriages has been the church, but the state has stepped in over the last decades.

In a recent case dealing with alimony, a Michigan judge has affirmed the power of the state in the institution of marriage over the church. The Oakland County jurist ruled that alimony payments after a divorce were not warranted because the wedding ceremony was not properly licensed.

Methods for valuing common marital assets

One of the most contentious aspects of a divorce is often the valuation of marital property. Once you categorize assets as either marital or separate property, it is time to determine the value of the assets before you decide how to split them. That said, you may not see eye to eye with your spouse on how much certain assets are worth.

If you and your spouse cannot agree on the value of assets, you may need to get appraisals. Here are some methods for valuing common marital assets. 

Michigan tries to make good over improper convictions

The criminal justice system is there to protect society from the ills of crime by punishing the offenders. Although this works well on paper, there are several victims of the attempts to correct problems by aggressively prosecuting people who may not be guilty. This is why the presumption of guilt is a very important part of the system.

One man knows the price of mistakes in criminal prosecutions. A 71-year-old Detroit man was exonerated last year for a murder charge dating back to 1972 after new testimony proved he was not the offender. He is one of three recipients of $2.3 million in compensation after their prison sentences were proven unwarranted.

Old criminal records may factor into child custody

Children are a family's most precious resource and they can often be the most vulnerable people in a tricky situation. This is also true during parents' issues, especially if they culminate in separation and divorce. Judges in Michigan family courts are predisposed to making decisions for the benefit of the children, so parents often have a case for more rights and time with children if they can demonstrate they can provide the best environment.

One way to demonstrate the unsuitability of another parent is to show a pattern of dangerous behavior that may exist in the person's recent or past behavior. If abuse or violence was part of a separation or divorce, this may demonstrate that an aggressor should not have sole or unsupervised custody of a child.

Driver injured in apparent hit-and-run in Detroit

Accidents happen all the time in Michigan and around the nation. Although some counties can blame animals like deer as a greatest cause of damage to vehicles in collisions, Detroit's hazards are more often man-made. One of the biggest factors in motor vehicle accidents is the influence of drugs or alcohol, the usage of which creates a state of mind that does not bode well for driving.

The driver of a taxi van was seriously injured in a Detroit car accident involving another driver who was possibly under the influence of alcohol. The hit-and-run collision happened between a botched traffic stop and the apprehension of the suspect for charges that included leaving the scene of an accident causing injury.

4 gray divorce issues most senior couples face

Whether their marriage lasted for decades or just a few years, senior couples are not immune from divorce proceedings. After all, according to the Pew Research Center, the divorce rate for those over 50 is nearly twice what it was in 1990. Family law attorneys regularly refer to these types of marital dissolutions as "gray divorce." 

Divorce is not easy at any age. Still, if you plan to dissolve a marriage later in life, you must address certain issues. While every divorce is different, the following four issues are common with older couples: 

Some are considering divorce for financial reasons

Although love and devotion are the roots of the impulse to marry, the act of joining two people in matrimony is a contract with legal implications. There are a variety of reasons that married people may have had enough of the institution or their partners in it, and some of them don't have anything to do with problems in the relationship.

Medicaid, the federal health insurance program for low-income Americans, generally applies to people based on their income level per month. For example, Michigan will generally extend coverage under Medicaid to unmarried people with less than $2,300 per month in income and less than $2,000 in assets. The situation is different for married people.

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