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Christopher J. Ebbott's Answers
- 26 Legal Answers
- 0 Legal Guides
5
Attorney answers:
I failed a pbt while awaiting my court appearance for an OWI . My bond was revoked and I went to jail for 10 days.
It really depends on the Judge, the day, the cases before you that day, and how much sleep the Judge got the night before. In other words, results can vary. If you go in and do not appear to be very sorry for "falling off the wagon" you will go to jail. Even if you give the best reasons in the world for this deviation from your sobriety, it may still land you in jail for a bit. Did the judge in sentencing you hold so many days of jail in abeyance? I know some judges that would extend your...
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2
Attorney answers:
Should I appeal the courts decision?
You state that a magistrate decided the case. In Michigan you have the right to an appeal of this decision and get a de novo hearing, which means that a district court judge will then hear the case and make a decision based upon what they hear, not what was previously presented to the magistrate. It sounds like if you appeal you should bring other witnesses or evidence to support your position. As there are no attorneys in Small Claims court this will be up to you, good luck.
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2
Attorney answers:
How do you terminate guardianship of an adult?
You need to file a petition in Probate court and request termination of the guardianship. A local attorney can assist you with this, as testimony will be necessary. If the conditions for which the guardianship was initially sought has resolved a doctor's testimony would be helpful. If the issue is merely the person who is guardian you can move the court to replace the mother with someone else. I am unclear how she would interfere with, what I take it, is her grandchild. Good luck to all involved.
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2
Attorney answers:
What does it take to file for grandparent rights? And does guardianship help?
How old is the boyfriend? I take it that if his mother has guardianship he is over 18 and there are other issues. Grandparents have very limited rights in Michigan, but could seek guardianship if there are parenting issues with you and your boyfriend. To get visitation she would have to file a motion with the court, and from the limited information given the odds do not seem to be in her favor. If something is filed you should consult with a local attorney.
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3
Attorney answers:
My dad died and left me a property.i rented this property out and put insurance on it .while renting this property the house
In who's name is the property titled? Is the insurance company denying the claim? If there was a home equity line of credit that has not been paid then it needs to be, whether through his estate or another way. Consulting a local attorney would be your best bet, as there are not enough facts given in your question to fully answer it. Good luck.
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2
Attorney answers:
Custody and child father criminal record
It sounds like you should really contact a local attorney to help you with this matter. The best interests of the child factors are used by the court to determine custody and parenting time. If he is the father, and the child was a product of the marriage, there are certain rights he has. There are steps that can be taken to protect your child, and the best thing you could do is call an attorney. Good luck.
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2
Attorney answers:
Can I sue for emotional distress or something else
I do not know what the basis for an emotional distress claim would be in this case. Michigan does have a cause of action for Intentional Infliction of Emotional Distress. I cannot tell from your question if you consented to the items being left on your property. You should call the county supervisor and ask for time to have the remainder of the items removed, and then consult a local attorney to see if there is any cause of action.
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7
Attorney answers:
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What is the percentage of a check does is the Lawyer entitled to? (accident case).
It depends on the agreement that you have with your attorney. Read your fee agreement. Most attorneys representing people in personal injury cases, including auto, agree to a 1/3 contingent fee agreement. In that agreement they are also entitled to reimbursement for costs they have incurred. There are instances, such as the UAW legal services, where cooperating attorneys agree to a lower fee. Communication with your attorney is the key, so that there is no misunderstanding. You should be...
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4
Attorney answers:
If I allow someone to use my car in Michigan & something happens would they be covered?
As long as you have no-fault insurance on the vehicle you would be covered up to the amount of insurance. You would be liable under the Owners Liability section of the No Fault law. There are some variables that are unknown in your question, such as if "something happens." In any event, as long as you have coverage the insurance company will hire counsel to defend you, and then handle the suit with your assistance.
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3
Attorney answers:
How do we calculate child support in Michigan when the parent's have split physical custody? Can we waive our child support?
Child support is based upon a number of factors that are entered into a formula. You can agree to an amount that deviates as long as the court approves it. You should contact a local attorney who could walk you through the process, as you can accomplish what you want to do but it would be much easier with an attorney.
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