Andrew John Hubbs’s Answers

The unfortunate reality is that discovery, especially written discovery, can sometimes be abused by parties to a case. If you object to an interrogatory, make sure you specifically indicate the reason for your objection. A lot of times, you will specifically object to the interrogatory and then, without waiving the objection, respond to it. I would consult with an attorney because your responses to an interrogatory can be used in later proceedings in your case. There are also circumstances...

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.

The short answer is yes, the prosecutor can charge you with a felony offense if the prior offenses were actually convictions. Having said that, it is not uncommon for a defense attorney to negotiate with the prosecutor in an effort to reduce your charge to a misdemeanor. A good start, if possible, would be for you to seek out some counseling and/or anger management classes. Regardless, you should contact an attorney and seek their assistance on your behalf. Best of luck.

Often times, the most competent and experienced attorneys will not only know how to proceed with a case but also which experts are necessary to support the case. First, simply ask your attorney what this means. Second, ask him why certain experts are being interviewed. Third, ask him or her if their assessment of the case has changed from the time you first met with them. In most states, as it relates to personal injury matters, you need to place a party on notice and you need to support...

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...

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.

Although I am licensed in Michigan and this is a California case, I am not aware of any circumstances where you cannot serve your responses to interrogatories on your ex-spouse's lawyer. The key is to make sure that you serve a proof of service or certificate of service with your responses. Having said that, it may be a good idea to hire an attorney or speak with an attorney to have him or her review your responses to the discovery before submitting it. In Michigan, you should also file an...

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.

While I can understand your concerns, I agree that you may need to participate in a controlled buy. Although not in every case, I have seen DEA or other agents speak with the prosecutor, the defense and the judge (off the record) about cooperation/assistance they receive from a client. My sense is that this may be the only option available to you under the circumstances.

Unfortunately, it seems as though you have inadvertantly ratified your daughter's behavior. Even though she is not under a lease, you can evict her from your property. I would recommend hiring an attorney in order to move the process along smoothly, but the eviction process is actually fairly straightforward and the court and the State offer some pamphlets and other literature than can help.