About Jeffrey NoeAttorney in Ann Arbor and Canton, MI. My practice is devoted to law for every day people. I deliver legal services with value, convenience, and respect.
- Criminal Law
- Estate Planning
- Family Law
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- Free initial consultation. Excludes home visits and jail visits.
Jurisdictions Admitted to Practice
|Member, Michigan Bar Association|
|Member, Washtenaw County Bar Association|
|Member, Detroit Metropolitan Bar Association|
|Member, Association of Irish American Lawyers|
- Overall: 120th
- This Year: 35th
- Overall: 12 Answers
- This Year: 12 Answers
Q: How can I prosecute someone who commited a crime against me
A: The only person who can prosecute a crime is a prosecutor. This person is an official in the state, county, or municipality where the alleged crime happened. There are also federal prosecutors. Prosecutors decide which cases to prosecute based on the seriousness of the crime, the impact of the crime on the public, the strength of the evidence, and other factors. If a crime was committed here, it does not sound like a crime that would be prosecuted in most jurisdictions unless this is part of a larger overall scheme. For example, if the debtor here actually defrauded hundreds or thousands of people in the same scheme, the crime is more likely to be prosecuted. You may be able to recover against the person in civil court. You would need to sue the person and present evidence. If the judge rules in your favor, the judge will issue a judgment. Then the hard part: You have to collect on the judgment.
Q: Is an attempted arson a felony?
A: If someone actually attempts to commit arson, it may be a felony. It depends on the value of the property involved and whether the person has prior convictions for arson or attempted arson. The most likely statute for someone to be charged under for attempted arson is MCL 750.79. The statute is a lot more specific than a general attempted arson. The statute requires someone to use a flammable, combustible, or explosive liquid or material near a building or personal property with intent to commit arson or to aid or abet someone else in doing so. As you can see, you might consider this more than an attempt. Many non-laywers might think something is an attempted crime when the law would not consider it an attempt. Generally, for attempt type crimes, the law requires substantial action on the part of the alleged criminal. It's not enough that s/he think about committing the crime. It's generally not enough that someone buy general materials that might help commit the crime (like gasoline). The accused must generally go beyond mere preparation and actually take some steps toward committing the crime.
Q: As a Grandparent, What are my rights as far as visitation?
A: Under Michigan law, a grandparent may seek grandparenting time if (1) an action for divorce, annulment, or separate maintenance (legal separation) is pending before the court; (2) the child's parents are divorced, had their marriage annulled, or are living under an order of separate maintenance; (3) the grandparent's child is deceased; (4) the child's parents were never married, are not living together, and the child's father has been legally established; (5) someone other than a parent has legal custody of the child or the child has been placed outside the parent's home; (6) or the grandparent provided the child an established custodial environment during the year before the request for grandparenting time. After proving one of these six grounds for grandparenting time, the grandparent must prove that there is a a substantial risk of mental, physical, or emotional harm to the child if the child does not get to see the grandparents. If two fit parents agree that that the grandparent should not spend time with the child, the court will uphold their wishes.
Q: My ex husband is not paying me what the judge declared
A: You may be able to get help from your county's Friend of the Court (FOC) unless you opted out of Friend of the Court services. You should call them and tell them that you husband is not paying the child support or spousal support that was ordered by the judge. FOC has some very powerful tools to use to get people to pay. For example, FOC may be able to get a judge to issue an arrest warrant for someone who is not paying support that the court ordered. FOC may also be able to capture the person's tax refund or get their driver's license suspended. If you opted out of FOC services, you may be able to opt back in. You may need to get an attorney if you opted out.
Q: I need a divorce attorney
A: If you are filing for divorce, you are right to get a divorce attorney. Look for someone local--someone who practices in your county. Make sure the attorney you hire practices family law for a good portion of his/her practice. And it's also important to be sure you feel comfortable with the person you hire--that it's a good fit. You want someone who will treat you with respect.
Q: Ive filed all paperwork myself now I got a hearing date and he lawyerd up, but he sold all marital property already!
A: This is one of the many problems of not having a lawyer handle your divorce. What do you do when problems arise? You should consider finding yourself a good lawyer. If you husband sold true marital property, your attorney may be able to get you a settlement to get the value of half of the value of the property your husband sold. If not, your attorney may ask the court to award you half of the value at trial.
Q: What can I do to make sure I get proper visitation with my kids?
A: Getting proper legal representation is the most important thing you can do to assure that you get visitation (now called parenting time ) with your children. The most important question regarding the kids is custody. This is different than visitation/parenting time. After custody is decided and depending on the circumstances, your attorney will advise you whether you should ask for a specific parenting time schedule (i.e., naming the days and times when you get to see your kids) or a general parenting time schedule (i.e., reasonable parenting time). Don't forget to discuss with your attorney the important details like holiday schedules, transportation, and where the parenting time exchange will take place.
Q: Can a divorce agreement be amended? I agreed to get medical thru my employer lost my job no longer have insurance
A: You say divorce agreement. I assume you mean a Judgment of Divorce. It may be possible to get the Judgment of Divorce amended. How difficult this will be depends on whether your ex-spouse agrees to amend the Judgment of Divorce. If s/he does not agree, it may be difficult. It also depends on the language in the judgment. It sounds like you may be seeking to have him/her pay for your health insurance because you lost your coverage. This will be considered spousal support. Your Judgment of Divorce may include language that says spousal support is forever barred. In this case, it will probably be very difficult to get the court to give you spousal support. You should consult with the attorney who handled your divorce.
Q: What is an order of dismissal for non-service in a divorce
A: An Order of Dismissal for non-service says that the person who filed for divorce (the plaintiff ) failed to serve the other spouse (the defendant ) with the Summons and Complaint and Complaint for Divorce before the Summons and Complaint expired. The expiration date of the Summons and Complaint is written (usually stamped) on the Summons and Complaint by the court clerk when the plaintiff files for divorce. The plaintiff is obligated to give the Summons and Complaint and Complaint for Divorce to the defendant and file proof with the court clerk before the Summons and Complaint expires.