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Eric James Sheppard

Eric Sheppard’s Answers

28 total

  • Can my husband legally move another woman into our home, we are not divorced.

    Recently I had to leave our marital home due to abuse, my husband has already moved another woman in and changed the locks is that legal?

    Eric’s Answer

    Do you rent this home? Do you own the home? Is this an apartment?

    The answer to those questions will tell you whether it is legal to change the locks on the home. Under any scenario, it is legal to invite someone else to live in the home, regardless of marital status.

    If you need advice on seeking a personal protection order, seeking criminal charges, or seeking a divorce or custody action, then consult with an attorney right away.

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  • Under what circumstances would an attorney advise her client not to attend a FOC hearing for failure to pay child support

    My x failed to show up in court for a support hearing. He said his attorney told him he did not have to appear. A recent wage assignment finally started but his employer is sending 250 a pay LESS than the order. Referee is sending a letter to e...

    Eric’s Answer

    A reputable attorney would not advise a client to not attend a court ordered show cause hearing. To do so would be unethical and could constitute malpractice.

    The bench warrant shows the consequence of the non-appearance. If the employer is not complying with a court order, then the employer will also be subject to a show cause motion and order and the contempt powers of the court.

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  • 91 mph on highway in a construction zone ticket

    My first speedig ticket .. I got a latter in the mail it's 5 points $195. I'm fighting the ticket... Any tips to lesson the points??

    Eric’s Answer

    You need to hire an attorney to have the attorney file an appearance and demand for formal hearing with the 67th District Court in a Grand Blanc. That court is typically easy to deal with. If your driving record is fairly clean, an experienced attorney should be able to achieve a reduction in fines and/or points to Secretary of State.

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  • I have a pending case against which is a 3rd degree retail fraud, I paid the money back to Walmart, what do I do now?

    I also have a warrant because I didn't know any of this until a job that I was hired for checked my background, I really don't wanna lose my nursing license for the state of Michigan what should I do or say when I go to court?

    Eric’s Answer

    I agree that you need an attorney right away. There is too much to lose with a nursing license on the line. An experienced attorney will walk you through this process and help you to appropriately keep your license and your job.

    There are many legal options to keep this off of your record.

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  • If you are sentenced to 25 years on a CSC in Michigan how many years will you serve?

    No priors whatsoever. Incredible community support. Judge wanted to give less time.

    Eric’s Answer

    If this person was 17 years old or older at the time of the offense and was convicted of CSC first degree with a victim under 13 years of age, then the sentence is a mandatory 25 years imprisonment. The judge does not have any discretion in sentencing below this mandatory minimum - regardless of how the judge feels about the defendant.

    The person would have to serve the 25 years before being eligible for parole.

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  • Can I be arrested for theft after I left the store over less then $2?

    I purchased some incense from a store. A few days later I returned to the same store & was confronted by cashier that I took extra Inscence & didn't pay for them a few days ago & they have me on camera. She claims it's $2 worth? Do I need to be co...

    Eric’s Answer

    The first thing that you need to do is remain silent about this situation when it comes to the police and any other government officials. You can be proactive and file a Freedom of Information Act (FOIA) request to see if there is a police report that was generated as a result of this incident. Or you can be even mores prosctive and retain an attorney to protect your interests and file an appearance with the prosecutor and court.

    You could be charged with anything from a misdemeanor for retail fraud all the way to a felony for larceny in a building.

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  • Is there any way for my daughters biological fathers rights to be involuntarily removed/taken away in the state of Michigan?

    My daughter is 16 months old and her biological father didn't start seeing her until she was 9 months old. My husband has been there since she was 3 weeks old. (We started dating shortly after she was born and got married August 2014). I know he c...

    Eric’s Answer

    You may properly seek to terminate the biological father's parental rights by seeking consent to terminate his parental rights. This would take place in a stepparent adoption proceeding.

    Otherwise, the facts as you have stated them do not give you grounds to seek to involuntarily terminate the biological father's rights.

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  • How can you get a no contact with children stipulation lifted?

    My husband was charged with a Romeo and Juliet crime when he was 18 and he's 32 now but he's on parole and under his stipulations he can not be around kids but we would like to have a family of our own

    Eric’s Answer

    It is unclear what your husband is on parole for. I am presuming that he is on parole for a new offense other than the criminal sexual conduct offense that you first mention. I am presuming that your husband must register under the Michigan Sex Offender Registration Act (SORA) and that he has terms and conditions associated through this new parole because of his SORA status.

    There are ways to petition to modify terms and conditions of probation and parole. But the bigger issue here is whether or not your husband is eligible for removal from SORA. There are statutory means by which a person required to register under SORA can be removed from the registration requirements. One of those means deals with the "Romeo and Juliet" cases, upon other qualifying factors. You need to speak with a qualified attorney to discuss these options:.

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  • My son pleaded NGRI and wasn't confined to the least restrictive setting as stated by law. Can he file a lawsuit?

    My son was receiving treatment through the ACT program and biweekly sessions from a psychologist prior to his plea. He had a inexperience public defender with no knowledge of mental health law. His illness was in remission as stated in the report ...

    Eric’s Answer

    I do not believe that a "lawsuit" per se is what you are looking for in your son's case. You may have the right to file legal action for a review of his placement status and where your son will go, whether he will be released, and what type of treatment that he may or may not receive. There are legal avenues to pursue in this case. Please contact me directly to discuss this further: 517-618-1580.

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  • Cpl

    If I have two misdemeanor domestic assaults on my record in Michigan as a juvenile and it's been over 10 years for both convictions will this bar Me from getting a concealed carry permit and if so is there any way to have them overturned so I can

    Eric’s Answer

    You must be very careful with any type of domestic violence conviction and possession of a gun. There is a complex interplay between Michigan law and Federal law that you must be aware of in determining whether or not you are able to possess a gun. It is advisable to seek legal counsel right away to go through your particular record and properly advise you on these issues.

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