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Robert D. Mouradian

Robert Mouradian’s Answers

161 total


  • I run a drywall company in MI and was given a deposit of $3250 for a job and was not able to do it but I had spent the money

    so I spent the money thinking I would be able to perform the work but my living situation required me to move out of town. I now have a detective calling me and saying I'm going to be be prosecuted and I'm terrified I have children and don't want ...

    Robert’s Answer

    Having practiced criminal law throughout Michigan for over 35 years I would suggest that you immediately retain an attorney to represent you. The attorney can contact the detective and try to determine if it is possible to resolve the matter without formal charges being filed. If charges are filed you should have an attorney. You might as well retain one now and see if the fire can be put out before charges are filed. It certainly would not hurt to try.

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  • If you child is raped by there father at 12 years old and the prosecutors office denies filing charges what can you do

    Is there any paperwork you can file and who can you talk to about seeing if there is anything you can do

    Robert’s Answer

    There is a little known provision in Michigan law that will allow you to file criminal charges just as a prosecutor would. There are ramifications for doing so relating to the responsibility for costs of the prosecution. You should consult an attorney who is familiar with this procedure. I have pointed this procedure out to attorneys in the past who were not aware that a private citizen can initiate a criminal prosecution. It is rarely if ever done.

    I am quoting from Court Rules of Michigan Annotated which is part of my online library with the ICLE. The note following the rule also indicates that private citizens may initiate a criminal case without the prosecutor's assistance or consent:

    "Current To 11/20/15

    Court Rules of Michigan Annotated
    MCR 6.101 The Complaint

    (A) Definition and Form. A complaint is a written accusation that a named or described person has committed a specified criminal offense. The complaint must include the substance of the accusation against the accused and the name and statutory citation of the offense.

    (B) Signature and Oath. The complaint must be signed and sworn to before a judicial officer or court clerk.

    (C) Prosecutor’s Approval or Posting of Security. A complaint may not be filed without a prosecutor’s written approval endorsed on the complaint or attached to it, or unless security for costs is filed with the court.

    Note

    MCR 6.101 is a new rule, effective October 1, 1989. Subrules (A) and (B) state the statutory requirements for a complaint set forth in MCL 764.1a(1) and MCL 764.1d. Additionally, subrule (A) incorporates, for efficiency purposes, the requirement that the complaint include “the name and statutory citation of the offense.” Subrule (C) implements the statutory provisions of MCL 764.1(1), including the procedure permitting a private citizen to file a complaint when “security for costs is filed with the magistrate.” Like the cited statutes, this rule does not apply to prosecutions arising as a result of grand jury proceedings. See People v O’Hara, 278 Mich 281, 293 (1936)."

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  • Can anyone take a case pro bono for a policeman in Michigan? He is cleared , but looks like a civil suit is inevitable.

    A police officer has been falsely accused and has been cleared, but probably will be a civil suit, dragging his family in to the mud. The accuser has lied and has told a person that all she wants is money from the city.

    Robert’s Answer

    First he should determine if he will be provided a defense and coverage by his employer. I handled a case where the officer actually counter sued in a shooting case where the officer was shot and he shot and killed the assailant. The city he was employed by covered and defended the claims against him while I handled his claims in the same case. The case was tried to conclusion before a jury and the officer was vindicated in his actions.

    I suspect the employer will also be joined in any civil suit that is pursued. The employer will have much more control over the litigation if they offer a defense to him. They should also offer him coverage to insure that he does not defend in the same suit with his own attorney.

    In my suit we had to agree on dividing which attorney would handle which part of the case. The employer may not want to be placed in that situation and may offer to defend and cover him even if there is no legal responsibility to do so. The employer will either defend with in house counsel or hire a large firm to do so. I suspect that whoever handles the defense of the employer will want to be in total control of the case.

    It is very expensive and time consuming to handle a case of this nature. I suspect that most attorneys will not want to handle the matter because of the time and costs involved in doing so. Even if he has a claim collecting on a judgment in his favor is problematic. His union may be of assistance. He should consult an attorney familiar with these cases ASAP.

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  • My ex husband has a few loans that are up for renewal he says he needs my tax returns so he can renew in settlements I'm not res

    Responsible for any of the debt should I help if so will I owe $$?

    Robert’s Answer

    You have not provided enough information to give you specific advice. You should have the matter including all loan documents and communications reviewed by an attorney including your divorce judgment and any settlement agreements. I have experience in collection matters and before you talk to anyone about the matter you should first consult with an attorney. As was suggested in a prior answer you want to make sure you are not exposing yourself to needless liability.

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  • I failed a PBT order by the judge before the sentencing of my second DUI what could happen?

    I'm really scared for my job and my family and just want some answers

    Robert’s Answer

    If you have an attorney you should discuss the matter with him or her. If you do not have one you should consult an attorney immediately.

    I do not have enough information to give you a response specific to your situation. I have handled these types of cases for over 35 years. I have learned that each judge views these matters differently.
    It would be helpful to know your background and who the judge is.

    There are many factors to consider. As an example: Are you in a substance abuse program or counseling for your problem? Do you and/or have you attended AA? If you have a sponsor will your sponsor support you in court? Did you comply with prior orders of the courts in these 2 and any other cases you may have had. Is this your first slip up? Did it occur before or after counseling or your participation in a substance abuse program. Will the court look favorably upon you if you enter a special court program for these offenses?

    You should be prepared to demonstrate to the court that you are serious about the problem will no longer pose a danger to the public. You can also discuss the matter with your probation officer and ask how you might best mitigate the problem.

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  • Can my ex boyfriend get 50/50 custody if I have our son 80% of the time and he has never paid child support?

    My baby's daddy and I broke up 6 weeks ago and he is threating me that he is going to take me to court for 50/50 custody. He has only had our son spend the night with out me 4 times. He only see's him about 20% in a week while I have him for the ...

    Robert’s Answer

    It is important to note that if your child was born of of wedlock paternity must be established before your boyfriend can pursue custody and parenting time rights. In fact until this is done he will have no rights at all in relation to your son. There are two ways to establish paternity.

    1. The first way to establish paternity is by both parents executing an acknowledgement of paternity. Legally he is considered the father of the child after this is done. If this has been done then your boyfriend can pursue custody and parenting rights in court.

    2. If an an acknowledgement of parenting time has not been executed by both parents then your boyfriend will have to have paternity established in a paternity lawsuit. He will have no rights at all until an order of filiation (establishing that he is the father of the child) is entered by the court.

    As a practical matter in most paternity cases paternity is established by DNA testing.

    Having over 35 years of experience in this area of law it is my opinion that you should consult an attorney regarding this matter.

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  • HOA covenant, conditions, and restrictions

    I have lived in a condo 3 years now and never received any notice of rules or restrictions. Today I have received a violation of having my garage door open with a charge of $25. They included a picture that showed my garage door open also my neigh...

    Robert’s Answer

    Assuming you are an owner of the condo you should have had full access to the rules concerning the condo. These can be found in the association by laws and/or the condominium by laws, the master deed and other documents such as condominium rules that may have been adopted.

    These should be reviewed before someone advises you. The sharing of expenses is one topic that will be discussed in these documents. The cost of electricity may be an issue. I would try to resolve the underlying issue before the matter accelerates. You should consult an attorney if you wish to proceed further.

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  • If a cop retrieves marijuana from you and chooses to only give you a use charge, can he later give you a ticket for possession?

    a cop retrieves a joint from your vehicle. he gives you a use of marijuana charge. you go to court and plead not guilty on the use charge using the premise that you can either pass a drug test, or that there is not enough evidence to prove that yo...

    Robert’s Answer

    Assuming the case did not proceed to trial the prosecutor should be able to charge the person with possession.

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