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Jurisdictions Admitted to Practice
|University of Florida||B.S.|
|Thomas M. Cooley Law School||J.D.|
|Member, Florida State Bar # 588090|
|Member, Michigan State Bar|
- Overall: 28 Answers
Q. Does our justice system convict people fasley even when they know there innocent
A: Though our American justice system is the envy of the world, it sometimes happens that innocent people are wrongly convicted. Erroneous convictions are inevitable because people weigh the evidence and people make the decisions. In recognition of the fact that no human system is ever perfect, the law grants us numerous avenues for post conviction review. In Michigan a convicted felon may file various post conviction motions in the trial court. Moreover, the defendant may appeal to the Michigan Court of Appeals and then to the Michigan Supreme Court. In some cases, the wrongly accused may also access up to 4 additional levels of appellate review in the federal courts, as well.
Q. Workplace back injury 9 years ago. Been through rehab, 2 surgeries since. Company now bankrupt- can I still seek comp?
A: Generally, workers compensation benefits are paid by an insurance company (self funding is a possibility, but there are legal safeguards in that scenario as well). Accordingly, even if the company for which you worked declared bankruptcy, if your condition and circumstances warrant payment, then the insurance carrier may be required to cover you.
Q. I was injured on my job and was awarded WC and SSDI. My employer' s actions caused me to develop RSD/CRPS. How can I sue
A: If your injury arose out of and in the course of your job, and you were covered by workers compensation insurance, and no "third-party" outsider (a person not working for or partnering with your employer) contributed to your injury, then workers compensation is the exclusive remedy.
Q. How does a spouse recant testimony regarding sexual abuse which landed their significant other in prison?
A: It is possible for a lawyer to make a motion for a new trial based on newly discovered evidence—that being a recanting witness. If the court granted that motion, a new trial would be convened, and you would be called the the witness stand. The lawyers for the parties would cross examine you about your previous testimony. If the jury believed you, the defendant might be found not guilty. After the trial, the prosecutor would probably charge you with perjury, a serious felony. If the jury rejected your attempt to recant. again, after the trial, the prosecutor would probably charge you with perjury for falsely testifying in the second trial that your testimony in the first trial was false. Finally, the law views recanting witnesses with skepticism.
Q. I am below poverty and can't afford an attorney ... cps is threatening to take my children away ... what do i do ???
A: When the government seeks to terminate your parental rights through the courts, the court must appoint a lawyer to represent you—if you are financially unable to retain one. Assuming that you are indigent, you should notify the court in writing, immediately.
Q. My fiances ex-wife was given 6 months to get the house out of his name and has not made any effort.
A: Your fiancé should file a motion to enforce the judgment. If the judge grants the motion, he may order the ex-wife to take action within a specific time frame or face monetary sanctions.
Q. Is there a statue of limitations on serving a summons and complaint on a credit card i had back in july of 96?
A: In Michigan the statute of limitations for breach of contract is 6 years. If the contract provided for installment payments, and the most recent breach was more than 6 years ago, that breach and all previous breaches are outside of the statute of limitations. Consequently, if the creditor sues you for those deficiencies, the court would be compelled to grant your motion to dismiss the plaintiff's case.
Q. W do i fill out notice of hearing motion
A: You draft the notice of hearing at the location of your choice. You would file it in the court clerk's office, either electronically (if the court requires that method) or by regular mail - if the court requires original hard copies. The latter courts also accept manual filings.
Q. What type of Lawyer would be used in both Federal Civil Suit and interstate criminal filings?
A: For the federal civil case, seek a lawyer who has experience in federal civil practice. For the federal criminal case, seek a lawyer who is experienced in federal criminal practice.