ByMatthew BenedictCriminal sentencing in Michigan is when the judge renders a sentence upon a criminal law defendant after a verdict or a guilty plea. The criminal sentencing hearing, or just sentencing hearing, typically occurs a few weeks after a trial or plea hearing. Depending on the crime, a lot of work must be completed before sentencing….
ByMatthew BenedictThe random retest sometimes called a “rolling retest,” is a breath alcohol test for people that have a restricted license which requires a breath alcohol ignition interlock device (BAIID) installed in their automobile. The random test is a test that will happen after the driver performs a “Start-up” test. Most BAIID manufacturers disclose that a…
ByMatthew BenedictCarrying a concealed weapon is a felony in Michigan. This charge and a typical court plea for this charge can create an unusual firearm disability for the offender. In this article, I will discuss how an often used pretrial negotiation plea can cause a firearm disability. Carrying Concealed Weapon Felony (CCW) under MCL 750.227 The…
ByMatthew BenedictThis article will discuss how an attorney evaluates a potential client and how to find a loan for legal fees. How Attorneys Evaluate a Potential Client for Contract Advance or Retainer Some attorneys call it a retainer, others call it an advance on legal services, it’s all the same, this is an initial deposit with…
ByMatthew BenedictA personal protection order or PPO in Michigan is nothing to dismiss as minimal. There are ways to beat a PPO filed against you. In this article, I will discuss three ways to defeat a PPO in court. Ex Parte PPO in Michigan The Petitioner will use a form. This form is called a Petition…
ByMatthew BenedictIn this article, I will discuss factor (d). This factor is pretty straightforward, but when there is an associated problem with this factor, the problem will draw the attention of a reviewing family law court. Please visit my other articles in this series on my blog. The Text of MCL 722.23(d) “As used in this…
ByMatthew BenedictIn this article, I will examine the best interests of the child factor (b) in Michigan. This is the second article in the series. Before the reader learns about 722.23(b), it is important to understand how family law courts use and apply the best interests of the child factors. I covered how the courts use…
ByMatthew BenedictA person accused of drunk driving knows that they are in for grievous consequences if they are convicted. While the punishment for a DUI is not the same in every state, this is not a conviction you want to have on your record. Additionally, most states will make your punishment more severe if you caused…
ByMatthew BenedictIn this article, I will provide some basic education for the best interests of the child factor (a) or MCL 722.23(a). During a contested child custody hearing, the judge must review each of the 12 factors found in the best interest of the child factors statute. A parent seeking a divorce or a parent seeking…
ByMatthew BenedictFamily law is very fact-intensive. Family law is also one of the most emotional areas of the law due to one simple fact: we are deciding which parent gets to see their kids. This combination creates clients/parents that are emotionally charged and taxed to their limit. How does a parent prepare for a child custody…
