Can a defendant get their venue changed for their criminal case in Michigan?

Can a defendant get their venue changed for their criminal case in Michigan?

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When a person is charged with one or more criminal offenses in Michigan, their case will generally be heard in the county in which the crime was committed. However, there are times when a defendant can request a change in venue (i.e. where their court hearings will be held) and have their request granted by the court. Circumstances that might increase a defendant’s chance of getting their venue changed include:

 

  1. The defendant isn’t able to receive a fair trial.

When an individual’s case is being heard, they hold the right to receive a fair trial. This means an impartial jury must be assigned to the case, according to the Sixth Amendment.1 An impartial jury is one that is made up of individuals who are not biased toward the defendant. When one or more biased individuals are chosen to participate as a juror in a case, it is important that their opinions are neutral so that they are able to make a decision using only the evidence that is presented to them rather than allowing their feelings or opinions influence their decision.

In the event an impartial jury cannot be selected, a defendant can have their Michigan criminal defense lawyer request that the venue be changed so that an impartial jury can be selected.

 

  1. The initial venue is not where the crime was committed.

Although it is common for a defendant’s court hearings to be held in the county where the crime was committed, sometimes, it may be held elsewhere. If the venue is wrong, meaning it is not where the crime was committed, a defendant can have their criminal defense attorney request a change in venue.

 

  1. The individual lives in a county other than where the crime was committed.

A court may or may not allow an individual to request a change in venue if they live outside the county in which the crime was committed. This is something the defendant would need to discuss with their Michigan criminal defense attorney.

 

It is important for individuals to understand that although they submit a request to get their venue changed, it is not a guarantee that the court will grant their request.

If an individual or a relative of theirs is looking to find out more about getting a venue changed for a criminal case in Michigan, they can contact the Law Offices of Stuart R. Shafer, P.C. for legal help. MI criminal defense attorney Stuart R. Shafer has been helping individuals who have been charged with a criminal offense understand and exercise their rights for over 45 years and is ready and available to provide legal advice and guidance to anyone else who may need it.

 

The Law Offices of Stuart R. Shafer, P.C. can be reached at:

 

1223 Turner Street, #333

Lansing, MI 48906

Phone: 517-487-6603

Website: www.stushafer.com

 

Source:

  1. https://www.law.cornell.edu/constitution-conan/amendment-6/impartial-jury
Is it necessary to hire an attorney for a prenuptial agreement in Michigan?

Is it necessary to hire an attorney for a prenuptial agreement in Michigan?

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Prenuptial agreements are a great way for individuals who are entering into a marriage to secure their assets so that in the event of divorce, they are able to maintain possession over them. Prenuptial agreements, or prenups, are created prior to a couple tying the knot and generally outline who owns what.1

Although there are plenty of online resources available that allow individuals to create their own prenup, it is a rather risky alternative to hiring a Michigan family law attorney to assist with getting one written up. Below are just a few reasons why.

 

  • Prenups need to conform to state laws.

Prenuptial agreements are binding agreements that need to be written in a way that conform to state laws. If one or more clauses outlined in the prenup is not written properly, it may not hold up during the divorce proceedings. Thankfully, Michigan family law attorneys are familiar with how a prenup should be properly written and can ensure the terms conform to state laws.

 

  • Prenups need to be signed by both parties and both must agree to the terms.

When a prenup is being signed, both parties need to be in agreement with the terms and neither should feel forced into signing. To ensure both parties are on board, each should be represented by their own family law lawyer. This way, if the prenup is challenged at a later date, there is evidence that shows both parties interests were protected at the time of signing and both agreed to the terms.

 

  • Prenups need to be clear and concise.

Just like any other legally binding document, prenuptial agreements need to make sense. If a couple is addressing what happens to each other’s debt in the event of a divorce or they are establishing whether alimony will be awarded, the wording of the text needs to be clear so that if the two decide to divorce, the court understands how these issues should be addressed. If a prenup is written in a way that doesn’t make sense, which can happen when a couple decides to do it on their own, certain property could be subject to division or debt that initially wouldn’t be divided, would then be divided fairly.

 

Who needs a prenup?

 

Although many individuals assume that it is those who are entering into a marriage with a substantial amount of wealth who need a prenup, individuals of all types can actually benefit from having one. This is because prenups don’t only address property. Instead, a couple can decide that whatever debt they accrue over the course of their marriage will remain theirs instead of it being divided.

Prenups also address things like who will get to maintain possession over the marital property in the event of divorce. This is often a big issue for couples that stands in the way of them getting their divorce finalized.

 

Hiring a Family Law Attorney in Michigan

 

If a couple is in Michigan is wanting to get a prenuptial agreement written up or has legal questions they’d like answered by a legal expert, they can contact the Law Offices of Stuart R. Shafer, P.C. MI family law lawyer Stuart R. Shafer would be happy to address questions pertaining to prenups and even assist an individual or couple with getting theirs written up.

  

The Law Offices of Stuart R. Shafer, P.C. can be reached at:

 

1223 Turner Street, #333

Lansing, MI 48906

Phone: 517-487-6603

Website: www.stushafer.com

 

Source:

  1. https://www.law.cornell.edu/wex/prenuptial_agreement

What information should be listed on a worker’s paycheck in Odessa?

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Odessa, TX – While all workers lose some money due to things such as taxes and social security, it is also possible that the employer is making improper or illegal deductions. Any workers who have suspicions about improper deductions should review their pay statements for possible errors or unethical practices by their employer. If the company does not correct these issues, it may be necessary for the person to get legal help or report the issue to a local labor board. 

A review of items that are supposed to be included on all pay statements can help clear up these issues before further action is needed. 

The pay rate

The check should display the workers hourly pay rate multiplied by their total number of hours for their gross pay for the period. 

All workers need to be paid at least at the state’s minimum wage, and work in excess of forty hours should be paid at an overtime rate. It is illegal for any workplace to violate minimum wage and overtime laws, and they may need to give the worker back pay plus interest if they are investigated or sued for wage law violations. In some cases, salaried workers may simply have a total amount that is due to the worker for the week or pay period in question. 

Taxation

All paychecks will lose a certain amount to federal taxes and state taxes if applicable. Companies will allow workers to fill out a W2 or similar documentation if they want a certain amount withheld due to their tax filing status, which can change based on the person’s marital status, whether they have any children or dependents, and other factors. Social security deductions are also necessary on all checks.

The net pay rate

This is the worker’s final take home pay rate after all of the deductions are subtracted out. It is common for workers to lose twenty percent or more of what they earn to taxes and deductions. Some workers may lose even more if they are subject to court orders for things such as child support or wage garnishment. 

Action for unpaid wages or illegal deductions

All American workers are entitled to see records related to the total amount of hours they worked, their pay and deductions, and ask for mistakes to be corrected. If the employer does not seem to be cooperative or is acting evasively, the state workforce commission can get involved or the person can get their own attorney and file a case for wage theft against their employer. 

Labor attorneys

Moore and Associates handles labor and employment law cases in Odessa, Texas. The firm’s attorneys focus on unpaid wages and wage theft, discriminations, harassment, and various other problems in the workplace. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

Why must drivers remain at the scene of an accident in Louisiana?

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Baton Rouge, LA – There are laws in every state that require drivers to make contact with others involved in a car accident and at least complete a few basic steps before leaving. This is done to identify those involved, create a record of the collision, and ensure any injured people get help. Insurance companies also like to be notified of all accidents, as this information helps their overall risk assessment. In addition to these problems, a driver who is sued and leaves the scene will likely be considered at fault for the accident. 

Louisiana’s leaving the scene of an accident laws

Louisiana has serious penalties for those who drive away from the scene illegally. The driver is automatically given a license suspension. If there are serious or fatal injuries to anyone involved in the collision, the driver who left the scene can possibly lose their license forever. Most leaving the scene of an accident cases can sentence the defendant to up to six months in jail and a fine of up to five hundred dollars. 

Insurance consequences

In addition to penalties from the government, drivers may face additional consequences from their insurance company if they illegally leave an accident scene. Their premiums may be increased as they are considered a more high risk driver after a combination of an accident and leaving the scene. The insurance company may even choose to drop the person’s coverage altogether if they decide that the risk of covering the driver’s losses is too significant. 

Suing a hit and run driver

Drivers who are negligent by leaving an accident scene can be served with civil lawsuits by the victims as well, even if there are also criminal charges. In most civil lawsuits, violation of a relevant traffic or criminal statute that results in harm to others will result in the doctrine of negligence per se being applied. This means that the jury can presume that the defendant breached their standard duty of care, and the plaintiff only needs to prove causation and damages. From a practical standpoint, this means that the defendant or their insurance company will likely have to settle the case because fault is obvious and juries are not sympathetic to hit and run drivers. 

The particular damages paid out to the victim can vary greatly. The most important factor is the severity of the accident and how much money was lost due to medical treatment and missed time from work. 

Louisiana accident attorneys

Personal injury lawsuits are important for accident victims to receive compensation for their expenses tied to an accident. Miller, Hampton, and Hilgendorf help people with these issues in the Baton Rouge area. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What are some of the reasons why a couple can file for divorce in Arizona?

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Yuma, AZ – There are a number of different problems that can emerge throughout the years that a couple is married. Disagreements are common, and sometimes these differences are serious enough that the couple decides to move on with their lives in separate directions. Once the couple has decided to get a divorce, they usually want to end the marriage as quickly and inexpensively as possible. This is one of the reasons why no fault divorces exist. The couple can simply choose to move on without any specific proof of misconduct. 

Saving time with no fault divorces

For the sake of efficiency, all states in the U.S., including Arizona, now offer a no fault divorce as a simpler way to end a marriage. This means that the couple only needs to meet the state’s residency requirements, file the formal documentation, and go through the court procedures with the assistance of their lawyer. Most no fault divorces can be ended with a span of a few months to a couple of years. If the couple was married for a long time and had large amounts of property, the divorce is likely to take longer. 

There may be rare exceptions where a couple cannot get a no fault divorce due to entering a covenant marriage, however covenant marriages are not very common and they have a different set of rules that the couple agreed to before their wedding. 

Fault versus no fault divorces

Within the no fault system, the most common reason for a couple to get divorced is that they simply do not get along anymore. The specific reasons may include financial problems, infidelity, or changes that happen over time, but these specifics are not material to the divorce lawsuit. The formal documentation for the divorce will say that the couple has differences that cannot be reconciled, and it is not necessary to go into further detail.. 

Under older systems of family law, a fault based divorce would generally require a showing of domestic violence, imprisonment, abandonment, or serious mental health problems, adultery. However, couples often got into the habit of faking these problems to bypass the requirements and get divorced regardless of their specific reasons. This meant that the fault based system was wasteful and too formal in most states. 

Related issues

Even though a no fault divorce can potentially end a marriage quickly, there are always some related issues that need to be decided. The more the couple is in agreement, the less time they need to spend in court hearings or mediation sessions. These issues can include property division, child custody, alimony payments, or child support payments.

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

A pedestrian was hit by a car near the San Diego Zoo, who will pay for head trauma injuries?

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California – March 29, 2021

Brain injury after car accident.

Automobile accidents are responsible for at least half of reported traumatic brain injuries (TBI), and the Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of TBI, resulting in hospitalization.  Northbound Park Boulevard near the San Diego Zoo was the scene of an accident where a pedestrian was struck by a motor vehicle making a turn onto the roadway, according to San Diego police.  The pedestrian, thought to be in his early 20s, was pushed into the vehicle’s hood  and his head hit the front windshield of the car upon impact.  He was transported to a local hospital for treatment of his injuries, which seemed to be minor at first glance.  The driver of the vehicle that hit him remained at the scene and cooperated with law enforcement.  A car accident attorney can answer questions regarding options for compensation of injuries and related expenses.

Damages award.

Blunt trauma is a serious type of head injury that can occur in an automobile accident when a moving head strikes a stationary object like the windshield.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.  If the personal injury litigation attorney is successful, a claim award will address the losses that include expenses for  medical treatment, future medical expenses, changes in life expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection.

Car Insurance and liability.

California law requires that drivers have a way to cover costs related to damages, or injuries they have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.  Under California law, “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if an individual is responsible for any part of activities that led to injury, compensation will be adjusted to a percentage of fault assigned to accident victims.  A personal injury attorney can advise in this type of accident case.

Hire an attorney.

Seek legal counsel immediately after a car crash involving pedestrian injury.  An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning personal injury case against the negligent driver.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

https://www.sandiegouniontribune.com/news/public-safety/story/2021-03-29/pedestrian-hit-by-car-near-san-diego-zoo

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

https://statelaws.findlaw.com/california-law/california-negligence-laws.html

 

What are the causes of rollover accidents in South Carolina?

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Charleston, SC – Rollover crashes have become a significant problem as more Americans drive sport utility vehicles and others that are prone to these types of accidents. While driver error is a factor in these kinds of accidents, there are also common problems with the design of certain vehicles that make them likely to flip or roll over upon impact or from certain movements. Problematic designs that make injuries more likely are ultimately the responsibility of the manufacturer, and they can be sued in a products liability lawsuit. Rollover accidents are known to be more dangerous than those where the car remains grounded, due to the possibility of serious impact to the head, neck, and upper back. 

Causes of rollover accidents

Some vehicles have manufacturing issues that make rollovers more likely. This is normally due to issues with the tires, weight distribution, or the vehicle’s fuel tank. Driving at high speeds in smaller trucks and SUVs is also a common cause of rollovers, although comparable problems are not as likely in vehicles of different dimensions. When these vehicles try to make sharp turns or swerve they are also likely to have balance problems due to their higher center of gravity. Severe weather is also more dangerous in vehicles that are higher off of the ground, as things like wind and wet roads can make the vehicles harder to control and contribute to a rollover accident. 

Products liability cases

If this is the case, it may be possible to sue the part or vehicle manufacturer in a products liability lawsuit. This type of case argues that the defendant either improperly designed the part or vehicle, or that the one particular vehicle that the victim owned had issues due to problems with the manufacturing process. In these situations, the plaintiff can show that the vehicle manufacturer was either negligent for their actions in releasing a defective product, or that they are strictly liable for releasing a product into the stream of commerce without property safety features and testing. 

Compensation for victims

A victim’s compensation is almost always contingent on the severity of the car collision and their injuries. This is because the concept of damages in a civil lawsuit is relative to the actual harm and losses that the victim sustained. The greater the amount of damages, the greater the amount of compensation that is necessary to pay for things like medical treatment or missed time from work. 

Legal advice after accidents in South Carolina

The Clekis Law Firm is available to help people in the Charleston area with their personal injury lawsuits. Potential clients can call the firm to schedule a meeting and discuss their situation further with a licensed attorney. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

Can families recover accidental death benefits to cover funeral expenses in San Diego?

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California – March 30, 2021

A rollover crash on State Route 78 in San Marcos resulted in the death of the driver after the car left the highway and burst into flames.  According to California Highway Patrol, the crash occurred on Sunday around 8:30 p.m. and the driver was trapped inside the 2017 Dodge Challenger after it hit a metal signpost, rolled over and caught on fire.  He suffered fatal injury at the scene.  When solo car accidents occur, investigative teams will need to research the accident scene and the vehicle to determine the reasons for a crash.  If it was caused by construction, or some faulty roadway anomaly, or other non-driver related problem, such as motor vehicle malfunction, car accident attorneys may be instrumental in the recovery of damages in a wrongful death action.

Accidental death insurance.

The accidental death benefit, as part of a car insurance policy which may not be required,  pays for death expenses if, in a covered auto accident, bodily injury causes the death of a policy holder, or a covered family member died in a single vehicle crash.  An experienced accident attorney can help surviving loved ones by reviewing insurance policies, and communicating with carriers to process claims when necessary.  Since California is not a no fault state, but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses in advance of a settlement from any proven negligence involving another party, or entity. It is always best to speak with a car accident attorney who understands insurance laws.

Fault and time to file a claim. 

California is a “fault” state and victims can bring a claim against any other identified responsible parties before they file a claim against their own “no-fault” insurance.  Car accident victims, or their families may file insurance claims, initiate legal action, or file wrongful death claims when an injured party dies as a result of another person’s negligence within California’s set timeline of two years.

Damages.

If negligence can be proven outside of the victim’s actions, even in a solo motor vehicle accident, California auto accident lawyers can assist survivors with damages, apart from accidental death benefit insurance claims.

  • Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
  • Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
  • Punitive damages may be considered but reckless, intentional, and egregious acts must have caused the harm.

Hire an attorney.

The Law Offices of Jeffrey E. Estes & Associates, and their experienced accident attorneys can assist with insurance claims and formal litigation efforts toward a comprehensive damage award after a catastrophic automobile accident results in fatal injury.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

 

Sources:

 

Driver in Dodge Challenger Killed in Fiery Rollover Crash on Route 78 in San Marcos

 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23103.

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements

How does an accident victim in Florida prove a business was at fault for their injuries from a slip and fall?

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Boca Raton, FL – Slip and fall injuries are a common source of injuries and fatalities throughout the United States. Because of this problem, property owners are responsible for keeping areas safe and clear for expected guests. When they fail to do so, they may be named as a defendant in a civil lawsuit for damages to pay for the victim’s injuries. However, in order to be successful, the victim needs to prove certain elements of negligence and show that the defendant failed to fix a known hazard or take reasonable precautions to avoid accidents. 

The duty of care

All negligence actions start by establishing a relevant duty of care and show that the defendant deviated from this standard in some significant way. A common example of a lack of care in a slip and fall case is when a grocery store leaves spilled liquids on the floor for an extended period of time without cleaning the spill up. 

One way of showing a breach of the duty of care is to show that some kind of foreign object or substance remained in an area where it was not supposed to be. Something as common as water can become a serious problem if it is not cleared from a walkway in a short period of time. In other words, the property owner would breach their duty of care if they left a heavily travelled area in a condition that was likely to cause injuries. The defendant can attempt to say that they did not have enough time or an opportunity to clear the area, especially if another customer was responsible for the problem. There will need to be a fact intensive inquiry about the relevant length of time and other issues. 

Causation and damages

Another element of negligence is to show that the defendant’s actions were the actual cause of the victim’s injuries. In a case where a slip and fall accident is involved, this is usually a simple step, as the fall is almost always the cause of the injuries. It is more important to determine if the business was responsible for the initial hazard. 

Finally, the plaintiff is able to add up their medical bills and other losses for the element of damages. This is the amount that the defendant must pay if they are liable. 

Help from a personal injury lawyer in Boca Raton

Rosenberg Injury Law is an experienced firm that handles various issues related to accidents and civil lawsuits in Florida. A meeting with one of their attorneys is the best way for an injured person to start the process to receive compensation.  

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

What are the main reasons an accident victim in Louisiana should bring a personal injury case?

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Baton Rouge, LA – After an accident, the victim should meet with a local injury attorney to discuss their situation. The lawyer should answer several important questions, along with giving advice regarding whether a lawsuit is necessary in the client’s particular situation. 

Money matters

Just about all civil lawsuits are brought for financial reasons. In many situations where an accident victim needs to file a lawsuit, they simply could not afford their medical bills and other costs without resorting to the legal process. The victim may also miss time from work or lose their capacity to earn if they have suffered from a long term injury. This loss of earning capacity is often the largest aspect of damages, as it can permanently affect the victim’s wages. There may also be mental and emotional trauma or physical pain tied to an injury, which can be factored into non-economic damages for pain and suffering. 

Responsibility for mistakes

An individual driver or commercial driver’s business should be held responsible for their actions that led to a person being seriously hurt. In many motor vehicle accidents, there will not be criminal charges brought unless it is clear that the driver was intoxicated or driving recklessly immediately before the collision. That means the process to bring a civil case is often one of the only forms of accountability available. 

Problems with insurance

While all drivers are required to have an auto insurance policy to drive, coverage is an imperfect solution after most accidents. The insurance companies involved in the claim process may offer a small settlement that does not cover all of the victim’s losses, or they may deny a claim altogether if they believe that the specific type of damage should not be covered. Injury lawsuits can be much more effective at bringing compensation to the victim in certain situations. 

Deterrence

While most people assume that traffic tickets or criminal charges related to problematic driving are the main form of deterrence, civil lawsuits provide a similar solution. After an individual driver or business has been named in a lawsuit and forced to pay out damages, it is likely that they will drive more carefully. Personal accountability is one of the main factors in changing driving habits, especially when the costs become apparent. This is why someone who has already been sued will probably never want to cause another accident. 

Personal injury lawsuits in Baton Rouge

Miller, Hampton, and Hilgendorf assist local clients in Baton Rouge and other parts of Louisiana with lawsuits related to motor vehicle accidents. After a collision, a meeting with the firm is the best way for victims to determine if bringing a civil case is necessary. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com