ByMatthew BenedictRemoving a criminal conviction in Michigan has received a lot of press lately. Not that long ago there was expungement week, a national campaign that provided free legal clinics across the country, and with marijuana legalization in Michigan, legislators are eager to remove moot marijuana convictions from the past. The media quotes a University of…
ByMatthew BenedictIn this article, I will discuss a motion to change of domicile or legal residence in Michigan. MCL 722.31 is the statute. This is the motion that must be filed when people subject to a custody order want to relocate to another city. This article covers co-parents with joint legal custody. If a parent has…
ByMatthew BenedictI have represented many people facing a drunk driving charge. Within the general pool of first offense, drink drivers are the people that refuse a chemical test after being arrested. In Michigan, once arrested, the police read a standardized form explaining the client’s chemical rights. This usually occurs once the client is placed under arrest…
ByMatthew BenedictThe letter requirement associated with Michigan SOS 257/258 “Request for a hearing” is the most screwed up element I see on a regular basis. The driver’s license restoration letter is more difficult than it appears. I have not represented a client yet that was able to provide good letters on the first try. Yes, I…
ByMatthew BenedictBasics of an Implied Consent Violation Michigan’s Implied Consent Law comes into play when a driver is pulled over for drunk driving, arrested, and the driver refuses the DataMaster Breathalyzer test or a consensual blood draw. Refusing the breath or chemical test will result in an implied consent violation and a one-year driver’s license…
ByMatthew BenedictIn law school, every lawyer learns that each law is passed for a purpose. The intent of the legislature, their goals, can be deduced from the statute. The intent of the Legislature was to prevent the dangers associated with driving a motor vehicle while drunk. We all know what these dangers are—reckless driving that kills…
ByMatthew BenedictThis is a difficult topic to discuss. Prosecutors and Politicians have successfully labeled sex offenders as evil living among us. The truth is there are degrees of wrong associated with sex crimes. For years, politicians added more and more criminal offenses that required the defendant to sign up on the sex offender registry. In 2011,…
ByMatthew BenedictEvery attorney that has litigated a case in court has dealt with this issue: The attorney submits interrogatories to the opposing party and receives incomplete or evasive interrogatory answers. When this happens, there is a decision to be made, file a motion to compel answers or not. Every attorney in this situation is bothered by…
ByMatthew BenedictThis statute is very thorough and effectively prevents the qualifying felon from any association with firearms and ammunition. The exact language is “a person convicted of a specific felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm [and ammunition] in this state.” MCL 750.224f(2). The net effect is that…
ByMatthew BenedictInitial child custody in Michigan Child custody in Michigan requires a Court order. In reality, many unmarried couples are raising children together. The question often arises: I am not married, we have a child, who has child custody in Michigan? The answer is found in a Michigan statute: There are a couple of important points…
