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Andrew John Hubbs

Andrew Hubbs’s Answers

22 total

  • Help! What do I do now?

    I had my pro confesso to hearing two days ago. My sorry excuse for an attorney, somehow forgot to file something called a motion to set aside a default judgement after not filing an answer to the original divorce complaint. In the hearing my wife'...

    Andrew’s Answer

    Act quickly. Hire a new attorney and have that attorney file a motion to set aside the default. The court rules are very specific about the grounds for setting aside a default. It may be possible for this new attorney to contact the opposing counsel to see if he would stipulate to setting aside the default. Also, contact the State Bar of Michigan and file a grievance against this attorney. You may have grounds to bring a malpractice claim against this attorney. This is an unfortunate case.

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  • Circumstantial evident for retail theft.

    My son is in court on circumstantial evident for retail theft. He was a minor and all is based on the video surveillance camera. All they saw was him getting some stuff, entering the fitting room with, coming out w/o the merchandise, but instead h...

    Andrew’s Answer

    I understand your frustration. Having said that, people have been convicted based on circumstantial evidence alone. It sounds like there has been a breakdown in the attorney-client relationship. Although courts have limited patience for appointing new counsel to takeover for previous counsel, it may be possible to request that a new attorney be appointed. Communication is key to effective representation so this attorney should be returning phone calls.

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  • Have I committed a crime?

    i need to know whether I committed a crime. At my former place of employment, we had Employee gas PINs and would need to punch in the numbers when using the company gas card. I was apparently careless with my PIN and others began using it to get g...

    Andrew’s Answer

    Either you have a guilty conscience or there is more to your story. Having said that, depending on the facts and circumstances, it would seem that you were entrusted with property through your employment. In this case, the property is a gas card. Sounds like potential embezzlement if the facts bare that out, but I would need to know more. What led to this inquiry? Are you being questioned by your employer? Good luck and try not to worry before you need to worry.

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  • I filed a small claims case, def removed it to civil and filed a counter claim. How do I file an answer to his claim?

    I'm suing my former atty because he neglected to provide the court with a detailed billing statement for the judge to grant me atty fees from my ex husband. When I asked him to resubmit a proper detailed billing statement, he demanded more money. ...

    Andrew’s Answer

    This is a common tactic. Small claims matters are designed to be relatively user friendly meaning you don't need an attorney. When a case is removed to the general civil docket, the stakes are raised...slightly. As far as answering the counterclaims, you need to review each paragraph of the counterclaim and prepare a written response. You will need to file your answer timely and serve the defendant/counter-plaintiff. In all honesty, your best bet is to consult with an attorney to make sure your rights are protected. Has your attorney done some unethical? Was he competent in your representation? You can contact the State Bar of Michigan and file a grievance against this attorney if he was unethical or incompetent in his representation.

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  • What are the chances out of 10 that a second petition to revoke probation wont land me in jail?

    i failed to start treatment within 2 months but i told my probation officer that i would start treatment 3 days after we met due to over scheduling in the treatment center (waiting list) and after 5 months clean i dropped dirty that same day n yet...

    Andrew’s Answer

    Usually depends on the judge. We can't make predictions, otherwise we would be in a different line of work. Judges like to initiative and sincerity. You are ordered to get treatment, but you need to make the most of it. As other comments indicate, if you find one treatment facility has a waiting list, look to another facility. Don't wait. Good luck.

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  • Can a victim in a trial request transcripts since the defendant is now appealing in circuit court. He has been found guily.

    The appeal is in the Circuit court now.

    Andrew’s Answer

    These are open proceedings and anyone can obtain a copy of the trial transcript. Contact the court and they can indicate their procedures for obtaining a copy. Depending on the length of the trial it could take a few weeks to get the copy. Good luck.

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  • How do I start the process to get an arbitrator / mediator to deal with problems on a new home that was built 2 1/2 years ago?

    We built a custom home and moved in June 2010. We realized we had problems with a snow melt system installed under the driveway after being in the house for about a year. The builder stopped the water leak and patched our driveway. Needless to ...

    Andrew’s Answer

    Although I personally favor the traditional litigation route, I suspect there are contract provisions regarding arbitration. Arbitration has some benefits in that you may reach a disposition in your case more quickly and less expensively than the court system. Consult an attorney experienced in contract law, construction law and/or alternative dispute resolution (arbitration).

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  • Can a friend with whom I discussed business ideas for several months sue me if I start a business using some of the ideas?

    A friend and I explored a business idea together. We did research and met twice a month for 8 months to discuss and refine the idea. We did not sign any contract nor did we finish writing a business plan. We never implemented the idea. Yesterday, ...

    Andrew’s Answer

    I think you are best served by having an attorney prepare an agreement for your friend to review and sign indicating she disclaims any interest, financial or otherwise, as it relates to this business idea.

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  • Do I need a lawyer and am I gonna be facing and jail time?

    Recently I was charged with possession of marijuana and drug parphenelia ( 2 charges) and 2 days after my arraignment I was arrested again for possession of marijuana, even though I had none on me when I was searched. The weed was in a friends car...

    Andrew’s Answer

    You will need an attorney to help out. You potentially face a bond revocation hearing due to accruing an offense two days after arraignment on the first charge.

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  • How can. I apply for a public defender anyways Help??

    Charged with underage drinking

    Andrew’s Answer

    When you are arraigned, plead not guilty. Judge or magistrate will ask if you will be retaining an attorney or if you need a court-appointed attorney. The application will inquire about your monthly bills and your income to determine if you qualify for a court-appointed attorney. Be advised that you will have to pay for a court-appointed attorney.

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