What To Do When You���re Wrongfully Charged with Possession Of a Controlled Substance

What If I Was Wrongfully Charged of Possession Of Controlled Substance?

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Have you been wrongfully charged with possession of a controlled substance? It’s a terrifying experience that, regrettably, is not uncommon. While sanctions for illegal drug possession are often less severe in many other states, a charge in Michigan can have far-reaching consequences. When charged with illicit drug possession, it is vital to have the assistance of a criminal law firm with expertise in Michigan criminal courts.

Charges for Drug Possession

There are two types of conditions that establish proof of possession: actual possession and constructive possession.

Actual possession is a charge based on illicit substances found on you or under your direct control. Constructive possession, on the other hand, refers to being charged with possession of a controlled substance that was not yours but that you knew was on your premises or or that you shared ownership of.

According to HG.org Legal Resources, you can be arrested for drugs that don’t belong to you but were found in your car or house, even if you weren’t there when they were found. No matter what kind of possession is in question, if you’re apprehended for illegal substance possession in the Michigan area, it’s important to know what you’re going to do and what defenses or resources you have.

What To Do If You���re Wrongfully Charged with Possession Of Controlled Substance

If you are wrongfully arrested for possessing substances that are not yours, keep the following points and rules in mind when you react and respond:

  • You must not resist arrest.
  • Inform the authorities that you wish to talk with a lawyer.
  • Make contact with a competent criminal defense lawyer.
  • Only give out your name and a few other vital personal information.
  • Say nothing else to the cops ��� keep in mind, that even innocent individuals have been charged with serious crimes as a consequence of saying something inappropriate to the cops during a criminal investigation. Make sure you don’t fall into the same trap.

It’s crucial to remember that police and law enforcement officers are constantly hearing the phrase “That’s not mine!” But law enforcement officers and judges are expected to let the facts speak for themselves. Even if you are charged with a crime or put in jail, the story isn’t over. It’s just getting started. With the help of a criminal defense lawyer, you can be found not guilty.

Consult a Michigan Criminal Attorney Right Away

Contacting an experienced, proactive Michigan criminal defense lawyer is probably the most crucial thing to do if you have been wrongly accused of a crime. Your lawyer will discuss to you all of your options, including the possibility of a plea bargain and how to prove that you are innocent. The lawyer will try to contact all witnesses, collect evidence, conduct interviews, and depositions, and prevent any superfluous and evasive testing.

If you’re wrongfully charged with possession of a controlled substance, contact an experienced criminal defense lawyer. Let the attorneys at Goldman and Associates take care of your case; we will fight for your defense. Get legal advice today! Set up an appointment here.

 

Is It Possible for Non Biological Fathers to Get Custody?

Can Non Biological Fathers Get Custody?

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Non-biological fathers are parents who are not biologically related to the child. Non biological fathers can get custody of a child even if they are not biologically related. This is because a legal adoption grants a non-biological parent full legal and physical custody of a kid.

Non-biological fathers may seek parental rights from a family court if they have served as the child’s father since birth or have a strong emotional attachment to the child. If a non-biological father is granted full parental rights, he can make decisions about the child’s upbringing, custody, visitation, and even enter into legal contracts on the child’s behalf.

How Can Non Biological Fathers Get Custody and be the Legal Parent?

A non-biological father may gain legal rights over a child if he can prove he should be regarded as the child’s legal parent. If this is proven, the court may grant the non-biological father the same parental rights as a biological parent. This means that in the event of a custody or child support dispute, the non-biological father will be responsible for making payments and adhering to child visitation arrangements.

A non-biological father can also become a legal parent by adopting the child, signing the child’s birth certificate, taking the position of a father, and acting like the child’s father for a significant amount of time.

What Considerations Does the Court Make When Granting Parental Rights?

Before making a final ruling on parental rights issues, a court must first apply the best interests of the child criteria to the facts. The child’s best interest criterion essentially requires the court to make a decision based on what appears to be the best or most suitable for a specific child’s needs.

For non biological fathers to get custody,  the court must consider several factors, including:

  • The child’s or children’s age;
  • The child’s desires (if the court deems that the child is mature enough);
  • The child’s physical, cognitive, and psychological needs;
  • Whether there are indications of child maltreatment or domestic abuse;
  • Age, mental and physical health of parents;
  • The child’s relationship with each parent; and/or
  • How well the parents can take care of the child (e.g., school, financially, health care, or social activities).

While the above list encompasses many of the criteria that courts will consider in such cases, they may vary by state due to differing family law rules and procedures.

Seek the Assistance of a Michigan Lawyer for a Child Custody or Parental Rights Case

As a parent, you should be aware of your legal rights to raise and retain custody of your child. So, if you need assistance with child custody or parental rights, you should immediately call a local child custody lawyer.

The child custody attorney at Goldman and Associates can clarify your legal parental rights and defend them. Your attorney can also assist you in negotiating child custody or parental rights case criteria and processes, such as drafting court documents, filing legal papers, contacting opposing counsel, and reaching a fair resolution. Call us or arrange an appointment on our website at any time.

Why Is It Necessary to Prepare for a Will?

How Does Not Having A Will Affect A Probate Case?

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Death is inevitable, especially in old age. For the said reason, there is a need to leave everything to heirs, like spouses and children. The wish of the deceased regarding how to proceed with the distribution of assets can be found in the will. You might ask, “Why is it necessary to prepare for a will?” The certain answer is to respect the owner’s decision regarding his properties or belongings. Moreover, this will lessen the inconvenience of the probate court in determining who will be the rightful heirs. Lastly, it could refrain from having conflicts between contesting heirs leading to a bad or worse outcome. 

The Role of Probate in Assessing or Determining a Will

The complexity of the legal proceedings of a will makes it a convincing answer to why is it necessary to prepare for a will. Probate is the legal process that your estate must go through after you die. A judge will begin the process of dispersing your estate to your heirs during this judicial action. It is a court-supervised procedure that authorizes your will (if you prepared before your demise) and authorizes your named Executor to disperse your property and belongings. As the probate process is ongoing, all of your assets must be identified and valued. After that, there is a requirement to settle taxes and obligations. Then, the estate’s residual worth is dispersed or distributed to the rightful heirs. 

The Necessity of the Will in Having Loose Probate

To address the question of why is it necessary to prepare for a will, having a good estate plan in place makes the procedure much easier, or even completely avoidable. The more you organize ahead of time, the faster and more efficient it will be for your family or loved ones when you pass away. Any assets you put under your trust will avoid going through probate. Probate is best understood as a regulated procedure that assures your estate’s proper recipients achieve the proper titles and assets. If you don’t have a will, the court will select somebody to manage your assets. A representative will act in the same capacity as an executor.

How Can Michigan Lawyers Help You in Will-related Concerns?

In the trying times of losing a beloved, it is helpful to have a legal team that will aid in your legal battle. You need to have empathetic and committed lawyers who are knowledgeable in all aspects of the probate process and other will-related matters. They should guide you through the complicated paperwork and legal proceedings you’ll likely face to make this legal matter as efficient, painless, and stress-free as possible. Learn more about what probate is, how you can go through the process for the best possible outcome, and even how to prepare or resist probate in the future.

Goldman and Associates Law Firm is one of the family law and probate groups of attorneys who understand the complexities and nuances of probating an estate.  You can contact us through the given number or reserve an appointment online.

The Impact of a Demanding Work Schedule on the Chances of Getting Custody

 

Will Demanding Work Schedule Impact Chances Of Getting Custody?

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A custody grant is the parent’s capacity to uphold the child’s interest. It does not primarily mean that a parent can provide for the child’s material needs. Instead, the emphasis is on the moral support that a parent can provide to the growing children. However, one cannot invalidate the tendency of parents to look for means to sustain their children. Work is one of the necessities that promote the child’s well-being. So, there should be positivity on the impact of a demanding work schedule on the chances of getting custody. 

The Real Nature of Child Custody Amidst Demanding Work Schedule

A parent who has custody is not decided by whether or not they have a job. The resolution will always be p by considering what is best for the youngster. Children were normally kept in the primary caretaker’s residence unless there are exceptional circumstances. You will gain strong uniform child custody if you can provide a better home, environment, and connection with your child. It should have no bearing on custody, which is decided based on the best custody arrangement for the child. A large financial discrepancy may influence since the wealthy parent may be able to provide many more chances, but in most failed marriages, the disparity is not great enough to make an impact.

How Work Impacts Child Custody in Michigan Law

The Court of Michigan is not biased on the dignified work condition of the parents unless it involves the kids or places them in an inappropriate situation. The work schedule of a parent is only one consideration in determining custody. The court does not prefer or assume that one parent is naturally a better parent than the other. Instead, the court considers all of the circumstances surrounding the case and makes the decision based on what is best for your child. Your husband’s work schedule would undoubtedly play a role in the custody decision. This situation is the impact of a demanding work schedule on the chances of getting child custody. 

Michigan Lawyer’s Part in the Case of Custody

While your job schedule may present some difficulties, they are not obstacles to custody. Prioritize your children. When you’re negotiating, it’s not always easy to maintain your attention on what’s best for the kids rather than how you might “win.” Your attorney can assist you in developing a parenting plan that optimizes both your parental responsibility and your office possibilities, allowing you to provide your family with both quality time and good quality of living. Employing family lawyers would mean service with a specialization that is concerned with laws covering family matters. Prioritize your children. It’s not always easy to keep your attention on what’s best for the kids rather than how you can “win” at the negotiating table, but this is truly about the kids and how much they can keep two very different parents in their life with as much participation as little anxiety possible.

For more information regarding the impact of a demanding work schedule on the chances of getting child custody, visit Goldman and Associates Law Firm. You can call during office tires or book an appointment with us.

What is the Significance of the Prenuptial Agreement in the Property Division

How A Prenup Impacts Property Division In Divorce 

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Thinking about prenuptial agreement seems to be taboo for most couples. Many of those who are married would not think about this thing because no one prepares for being separated or undergoing a divorce in the end. However, many couples are considering this option to protect themselves from the possibility that things will fall short and the future will compromise. The court describes the pre-nuptial agreement as fair, consented, and in a good way. The honesty of this agreement consists of all the debt, assets, and other financial things revolving around marriage. So, the significance of the prenuptial agreement in the property division should come to a realization. 

What Do Prenuptial Agreements Do in the Property Division? 

Divorce is unfortunately a possibility, and being prepared in case it occurs is a smart idea. Michigan state laws govern the content and procedure of prenuptial agreements. It is also known as “antenuptial” or “premarital” agreements. It allows prospective couples to agree on how specific issues, including property distribution and alimony, will be resolved if they split. A prenuptial agreement should be considered by any couple that wishes to know how their marital estate will be divided if they divorce. A prenuptial agreement isn’t necessary if you have a large sum of assets or none; it can also affect how you distribute your future assets. These are the basic ideas of the significance of the prenuptial agreement in the property division. 

How the Court of Michigan Address Prenuptial Agreements 

It’s worth noting that a court may decide not to pursue a prenuptial agreement if the individual circumstances have changed so drastically since the agreement was signed is now irrational and unfair. It is a good idea to have independent legal counsel for each side, or at the very least include this proposal in the prenuptial agreement. A prenuptial agreement should be in written form and signed by both parties to be legitimate. Once the marriage occurs, the prenuptial agreement takes effect. If the spouses completely revealed their financial condition to one other before signing the prenuptial agreement, the tribunal is more likely to implement it. If one partner commits fraud or deception as terms of the arrangement, the court will invalidate it.

Michigan Lawyer’s Take On The Significance of the Prenuptial Agreement in Property Division

When looking for a solution to a legal matter, it’s critical to examine the law’s exact language. While completing your own research can save you time and money these days, it is better to get legal advice to get a definitive answer. This will ensure that you receive the necessary reaction and legal counsel, especially when it comes to accomplishing your goals of understanding the significance of the prenuptial agreement in the property division. If you’re considering creating a prenuptial agreement in Michigan or have questions before signing one, contact a knowledgeable family law attorney near you now.

Contact Goldman and Associates Law Firm to help you with your family law engagements and other legal matters. You can hop on a call or use our website to set an appointment for efficient transactions.

Legal Means to Discover the Hidden Assets of an Ex-Partner

How To Find Hidden Assets Your Ex Was Hiding

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The first stage in sharing assets throughout a divorce is to compile a comprehensive financial picture of each spouse’s holdings. Every profit made during the marriage is considered marital property, which is equally shared in the event of divorce. Unless a prenuptial agreement exists, circumstances play a role in the division of assets, especially if children are present. When considering how to distribute marital property and obligations, a court may assess the benefits of both spouses’ separate property. Both spouses must reveal everything in their financial assets as part of the divorce procedure. However, one spouse may not fully disclose all of their wealth at times. One has to do the legal means to discover the hidden assets of an ex-partner. 

The Role of Law in Finding Out Hidden Marital Assets

If one has the basis in pursuing legal means to discover the hidden assets of an ex-partner, then the court will regard this and conducts a motion to search. The discovery process offers a variety of information-gathering options, which differ from jurisdiction to jurisdiction. The following are the ways to find out hidden assets. 

  • Attorneys and judges have the authority to order your spouse to provide particular documents containing financial information. 
  • In addition, the spouse must respond to questions in writing or admit to specific allegations about possible hidden assets. 
  • It is also allowed to request a property inspection, such as a bank vault. 
  • A deposition is an excellent approach to obtaining information from an untrustworthy spouse. 

Perjury can be charged against anyone who refuses to answer honestly during a deposition. A discovery process is an effective approach to collecting financial information from an unwilling spouse because the court has the power to insist on compliance.

How Does A Family Law Attorney Help in the Legal Means of Asset Discovery?

Setting up trusts or “gifting” funds to those who will return them once the divorce is finalized is one of the ways that spouses without enterprises may try to hide assets. Moreover, you are what some lawyers refer to as the “out-spouse” if your husband managed the bookkeeping throughout your marriage and you engaged little to no role in tracking funds. There are many ways that an ex-spouse can hide the facts about how much money they make. If you have the feeling that there is something hidden from your ex-spouse, a family lawyer with experience in asset search and investigation. They can assist you in seeking legal means to discover the hidden assets of an ex-partner. It’s a good idea to talk to an attorney to make sure you’re addressing the correct questions and coming up with an approach for finding out if there is truth in your claims.

Goldman and Associates Law Firm can help you with your marital cases and other family-related conflicts. The presence of expert and experienced lawyers would mean quality service. They will assist you in every step and ensure that you have the most beneficial outcome possible. You can call us during office hours or book an appointment with us.

How To Gain Parental Rights After Detention?

 

How Do I Get Parental Rights Back If I Went To Prison?

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Even after a divorce, Michigan favors both parents to stay connected in their children’s lives. In some places, the court presumes that shared custody is in the children’s best interests from the start. However, in Michigan, the law means that it is necessary to inform both parents about joint custody and consider shared custody only if one or both parents want it. Is it hard to gain parental rights after detention? It may seem like a minor point for individuals who have never interacted with the criminal justice process. If you’re facing serious prison time, however, it’s a crucial question.

The Lawfulness of Having Parental Rights Amidst Detention

The Michigan Supreme Court has stated unequivocally that parents’ rights do not lapse just because they are in prison. In Michigan, however, it is unlawful for your parental rights taken away because you are incarcerated. In determining where the children’s best advantages lay, the Michigan Child Custody Act takes into account several variables. For the parent who comes to an ends up behind bars, incarceration can influence child support, visitation, and custody. In this case, then another parent should become the primary caregiver, even if only temporarily, while the other parent serves their sentence in jail or prison.

How Michigan Law Address the Issue to Gain Parenting Rights After Detention

If you are a parent serving a sentence of imprisonment, you have the right not only to keep your parenting rights but also to engage in every proceeding that concerns them. If you are in prison, Child Protective Services must establish something before they can revoke your parental rights following imprisonment. The terms include leaving the children without shelter for a few years, compromising custody and care, and providing proper care eternally. Charges that are graves as murder, assault, sexual assault, or mischief could result in the termination of this person’s parental rights. Other charges could result in the loss of visitation privileges and have an impact on future difficulties such as the child’s return to the original residence.

The Legal Advice of Lawyers for Child Custody Matters 

Even if the other parent is in jail, the judge in the trial may see that the parent who remains free is a good fit. This may open up the possibility of taking custody, either temporarily or permanently. Because the system is predicated on the premise that it is in the child’s best interest to be with his or her parents, it should be extremely difficult for the state to take your children away from your custody and care. Even if the mother or father is facing a prolonged imprisonment or jail sentence, a lawyer can aid with custody arrangements and ensure that an appropriate guardian is in place.

Goldman and Associates Law Firm can serve your legal needs, particularly on how to gain parental rights after detention. Family law attorneys specialize in the matter and have multiple experiences in the court. Reach out to us if you have some concerns by setting an appointment here. 

Adding Family Members to Guardianship

 

Modifying Guardianship To Add Other Family Members

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Family is not just limited to a father, a mother, and children. In other cases, separation is unforeseen along the way. So, to address this reality, the law established a so-called guardianship. Guardianship is a legitimate process that protects those who cannot look after themselves because of age, infirmity, or impairment. A court may appoint a legal guardian for children or wards who need protection. Legal guardians get the legal ability to make decisions on behalf of the children and to represent their personal and economic interests. The court will most likely favor adding family members to guardianship. 

The Importance of Relatives as Legal Guardians

A guardianship will only be granted if it the child’s best interest. The emphasis is not on the preference of a parent or any person. The court always abides by this principle. For this reason, the legal guardian could be a friend, family member, or someone else who the court believes will uphold the said principle. An adult may be granted physical custody of a minor as the minor’s legal guardian. They may function as a financial guardian for minors, exercising control over their assets. By nature of kinship, other than direct family members, the relative expects to assume the role of formative agents of a child. Yet, the principle remains to be assessed and evaluated. 

How One Achieves Guardianship in Michigan?

Adding family members to guardianship does not mean anytime or without basis. Instead, the granting of being the legal primary care provider is ordered or petitioned. In ordering guardianship, the initiative of choosing a guardian is through the initiative of the court. Some cases include the loss of parents or the first legal guardian. The other grant comes from the petition of that someone who wants to take the responsibility of taking good care of the ward or child. Either process takes a thorough discernment from the court, which has the final say over legal matters. 

The Role of Family Lawyers Regarding the Guardianship

The basic role of the lawyers focusing on family law, particularly on child custody or guardianship, is to be the intermediary between any party and the court. Therefore, it is important to have attorneys at your back or helping you every step of the way. They will surely understand the situation and makes their best in ensuring that one will have the best outcome in any family law case. 

Goldman and Associates Law Firm can be the legal companion you need. We are one of the family law firms in Michigan with years of experience and constant learning of legal matters. The expertise is an advantage to get the most out of your legal rights or claims. 

If you happen to experience any legal matter or would like to revisit child custody by adding family members to guardianship, do not waver to contact our team through the number provided or you may book an appointment online for easy and quick set up a schedule.

The Consequences of Driving Accidents Without Insurance? 

 

What You Should Do If You Were In An Auto Accident With No Insurance

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Driving is more than just a skill but a privilege given to a few people. Then, it needs schooling and availing of license. It is illegal to drive without a license and other necessary certifications. The purpose of these things is to maintain regulation and ensure the safety of the people on the road. Moreover, Michigan law is very strict with the provisions of driving permission.  Also, insurance is one of the necessary things to comply with as one driving so that there will be no hassle of irregularities.  So, the consequence of driving accidents without insurance can be heavy in terms of sanction’s degree. 

Michigan Laws’ Mandate in Driving Without Insurance

It is a misdemeanor for a driver to drive without insurance. The law is not considerate about it and will charge the person for a violation. For instance, one of the effects of driving without a license could mean a demerit of the privileges when an accident occurs. No matter if the fault was not yours or another driver, there is a difficult time demanding something from that person. The authorities could fine you up to $500, one-year imprisonment, suspension of license, or any combination. It is difficult to push through with driving and owning a car without the said insurance. The consequence of driving accidents without insurance should not be worth paying for or experiencing. 

Some Consequences of Driving Without Insurance 

Aside from the mandates of the law mentioned above, here are some consequences you need to know:

  • There is a restriction on car registration privileges until insurance is present. 
  • A prohibition on claiming compensation after an accident is unlikely.
  • One will have the obligation or liability for the expenses of others involved in an accident. 
  • Denial to renew, register, and transfer vehicle without legal documents support. 

In case of accidents involving another vehicle, without insurance, one will have to pay for everything, like maintenance and repairs.  

What Can Attorneys Say and Do in this Case? 

The first thing you can expect from lawyers is the legal advice they can offer. You should know how the Michigan law works and the provisions you have to follow. In the event of being caught and facing the consequence of driving without insurance, you can employ attorneys capable of working the law to the best possible effect on you. There are two no-fault insurances you can avail of in Michigan. The two are personal injury protection and property protection insurance. The former will help in the compensation that covers the medical bills. The latter will aid in the damage you made to the properties of others. 

Goldman and Associates are one of the law firms in Michigan that can help you face the consequences of driving accidents without car insurance. Their years of experience in handling cases, aside from family law, can certify an excellent service that you can trust. 

Do not disregard the chance of having legal advice regarding Michigan driving laws. Talk to our skilled attorneys during office hours. You can also book an appointment with us anytime through this link.

The Consequences of Driving Accidents Without Insurance?

 

What You Should Do If You Were In An Auto Accident With No Insurance

Click here to watch this video on YouTube.
Learn more about car accidents and personal injury here.

Driving is more than just a skill but a privilege given to a few people. Then, it needs schooling and availing of license. It is illegal to drive without a license and other necessary certifications. The purpose of these things is to maintain regulation and ensure the safety of the people on the road. Moreover, Michigan law is very strict with the provisions of driving permission. Also, insurance is one of the necessary things to comply with as one driving so that there will be no hassle of irregularities. So, the consequence of driving accidents without insurance can be heavy in terms of sanction’s degree.

Michigan Laws’ Mandate in Driving Without Insurance

It is a misdemeanor for a driver to drive without insurance. The law is not considerate about it and will charge the person for a violation. For instance, one of the effects of driving without a license could mean a demerit of the privileges when an accident occurs. No matter if the fault was not yours or another driver, there is a difficult time demanding something from that person. The authorities could fine you up to $500, one-year imprisonment, suspension of license, or any combination. It is difficult to push through with driving and owning a car without the said insurance. The consequence of driving accidents without insurance should not be worth paying for or experiencing.

Some Consequences of Driving Without Insurance

Aside from the mandates of the law mentioned above, here are some consequences you need to know:

  • There is a restriction on car registration privileges until insurance is present.
  • A prohibition on claiming compensation after an accident is unlikely.
  • One will have the obligation or liability for the expenses of others involved in an accident.
  • Denial to renew, register, and transfer vehicle without legal documents support.

In case of accidents involving another vehicle, without insurance, one will have to pay for everything, like maintenance and repairs.

What Can Attorneys Say and Do in this Case?

The first thing you can expect from lawyers is the legal advice they can offer. You should know how the Michigan law works and the provisions you have to follow. In the event of being caught and facing the consequence of driving without insurance, you can employ attorneys capable of working the law to the best possible effect on you. There are two no-fault insurances you can avail of in Michigan. The two are personal injury protection and property protection insurance. The former will help in the compensation that covers the medical bills. The latter will aid in the damage you made to the properties of others.

Goldman and Associates are one of the law firms in Michigan that can help you face the consequences of driving accidents without car insurance. Their years of experience in handling cases, aside from family law, can certify an excellent service that you can trust.

Do not disregard the chance of having legal advice regarding Michigan driving laws. Talk to our skilled attorneys during office hours. You can also book an appointment with us anytime through this link.