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. ... Read More
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. ... Read More
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. ... Read More