Robert S. Whims’s Answers

Robert S. Whims

Traverse City Litigation Lawyer.

Contributor Level 9
  1. My husband is currently in jail for Domestic Violence and Telephone Interference, he was released on a $10,000.00 Bond in which

    Answered over 1 year ago.

    1. Steven M. Dodge
    2. Robert S. Whims
    3. Katrina Ann Martin
    4. Scott G. Weinberg
    4 lawyer answers

    Absent some pretty significant circumstances, the civil suit you mention is likely to be a waste of time on your husband's part and have little impact on the criminal charges. In any case, you need to take steps to protect yourself as your question indicates you are the one he has used violence with and went right back to that upon his release. Please make certain you are wise in your decision making regarding your husband - he sounds dangerous. Good luck.

    Selected as best answer

  2. My brother is being charged with UDAA of my vehicle. After wanting to drop charges

    Answered over 1 year ago.

    1. Robert S. Whims
    2. Timothy J. Klisz
    3. Jeffrey Raymond Portko
    4. Patricia A. Reiser
    5. Scott G. Weinberg
    5 lawyer answers

    It is a common misconception that the 'victim' of a crime presses charges. In fact, it is the State that presses charges and the victim is just one of the witnesses. That said, you should have substantial influence on whether the prosecutor will go forward with the case, and unless your brother has a bad prior criminal record many prosecutors would let a case like that be resolved by dismissal or substantially reduced charges.

    4 lawyers agreed with this answer

  3. Criminal Charges or Self Defense?

    Answered almost 5 years ago.

    1. Edward Jerome Blum
    2. Robert S. Whims
    3. Ronald S. Pichlik
    4. Howard Woodley Bailey
    4 lawyer answers

    Either party can be charged with assault and battery (PC sections 240 and 242). However, it is unlikley charges would be brought given the facts that you have suggested. You are allowed the right of lawful self-defense, and you can use that force that is reasonably necessary to avoid imminent bodily injury or harm. In my experience neither the San Diego City Attorney nor the San Diego County District Attorney's office would pursue a claim like this. Remember too, the prosecution would have...

    4 lawyers agreed with this answer

  4. I need to know how can i get my property back the police took for me a year ago because my lawyer give me the run around.

    Answered over 1 year ago.

    1. Robert S. Whims
    2. Patrick Owen Earl
    2 lawyer answers

    As mentioned above, a hearing before the same judge would likely be the easiest and fastest way to resolve the claim. Conceivably you could seek contempt sanctions against the police. In the alternative you could file your own civil cause of action such as a claim and delivery,

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. When does the wifes dower rights end , after devorce ?

    Answered about 2 years ago.

    1. Henry S. Gornbein
    2. Robert S. Whims
    3. Louis A Smith
    3 lawyer answers

    Your divorce judgment should have a clause in it that specifically says that dower rights are extinguished. A court would not likely enforce a 'gotcha' omission in a judgment, if that is what it is. Need more facts to get a better feel for your question.

    1 lawyer agreed with this answer

  6. I am divorced and 4 years ago this month, the court ordered supervised visitation. He never exercised those visitations.

    Answered over 1 year ago.

    1. J. Matthew Catchick Jr.
    2. Laurel Stuart-Fink
    3. Robert S. Whims
    3 lawyer answers

    Follow your court order regarding visitation and make him jump through all the hoops. If you suspect violence may truly be an issue then you should petition the court accordingly. If the court order has language about that, as you mention, then hopefully it gives you a clear remedy as to what to do when he engages in that conduct. Support and visitation are not linked. He is required to pay regardless of whether he sees his children. Most Friend of the Court offices will not change...

    1 person marked this answer as helpful

  7. Can I sue a flooring company for not finishing a floor correctly after 3 attempts to do so?

    Answered over 1 year ago.

    1. John F. Brennan
    2. David B. Forest
    3. Robert S. Whims
    3 lawyer answers

    As noted above, it is important to know exactly who you contracted with - Art Van or some sub-contractor. In Michigan only warranty repairs require you to provide notice and a chance to cure (repair) the damages. From your facts it sounds like you have certainly done that. Common causes of action for a case like this are breach of contract and sometimes negligence. If the subcontractor is unlicensed, you may be able to sue under the Michigan Consumer Protection Act (MCPA) and that could...

    1 person marked this answer as helpful

  8. If you were given a public defender when you were arrested

    Answered about 3 years ago.

    1. Robert S. Whims
    2. David Jon Pullman
    2 lawyer answers

    You are not bound by the code of ethics, so in that sense nothing you do impacts ethical restrictions. However, it is highly unlikely that a court would ever order the PD to switch attorneys or make a demand on specific staffing of a given case or court. If you file and win your Marsden motion, as mentioned above, all that will happen is that you will then be assigned an alternate public defender (a completely different office) or what is called a 'conflict attorney', again, a completely...

    1 person marked this answer as helpful

  9. My divorce papers did not have my legal name, is the divorce valid. This is in Michigan

    Answered over 4 years ago.

    1. Robert S. Whims
    2. David Alexander Browde
    2 lawyer answers

    There are more to your divorce papers than your 'legal name'. Another paper you were served with was a 'record of divorce', which had much more identifying information on it. Even more so if a Uniform Order of Child Support was entered. If you have already answered the complaint (or the case is over) you have probably waived any such defect, although you could certainly petition the court to correct the error. Robert Whims Smith & Johnson Attorneys, PC Traverse City, MI

    1 person marked this answer as helpful

  10. I am a parole abscoder with a( 5 years ) and I got picked up ecently

    Answered over 1 year ago.

    1. Robert S. Whims
    2. Kevin D. Yaldoo
    3. John Paul Thygerson
    3 lawyer answers

    Many, many unknown variables in your question such as the ages and severity of your priors, the amount of 'proof' that the prosecution thinks it has, and what evidence, including things like statements, finger prints, literature, 'cooking' gear, etc. that they have seized and from whom. You would likely be charged as a 'Habitual 3rd' and there are sentencing guidelines that the court is required to follow if and when you are convicted of any crimes. Get a lawyer and get busy with building...

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