WN Law PLLC Grand Rapids Criminal Defense Lawyer | Kent County Divorce Attorney2024-03-13T09:35:54Zhttps://www.thewnlawfirm.com/feed/atom/WordPressOn Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=484112024-03-13T09:35:54Z2024-03-13T09:35:54ZFive common parental decisions affecting the child’s life
Common aspects of a child’s life requiring parents to decide include the following:
Healthcare: Parents should address how they will make medical decisions, including the child’s routine check-ups, vaccinations and emergency care.
Schooling: This includes choosing the child's school and the impact of the child's educational needs on custody and parenting time arrangements.
Extracurricular activities: Parents can also decide on their child's involvement in sports, arts and other activities. This includes coordinating attendance and support for these events.
Religious upbringing: If parents have different religious beliefs, they have to decide for their child’s religious education and practices to avoid confusion.
Rights of extended family: Parents should consider the involvement of grandparents and other relatives in the child's life when making custody and visitation decisions.
In more unique cases, parents can discuss how they will decide in case of parental relocation, custody modifications and other strategies for resolving disagreements.
Prioritizing the child’s best interests
Whenever parents decide about any aspect of their child’s life, they should always consider how their decision can affect their child's physical, emotional and psychological well-being. This includes considering not just the immediate impact but also the long-term effects on the child’s development and happiness.
Achieving this goal is possible when parents work together amicably to solve custody and parenting issues. In case establishing child custody and parenting time agreements become too complex and overwhelming, the assistance of a competent family law attorney can be of benefit.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=484092024-03-06T08:55:37Z2024-03-06T08:55:37ZContentious divorces are magnet to spotlight
Contentious divorces could attract a lot of attention, particularly if the individuals involved are prominent figures or if the case includes unusual or sensational circumstances. The heightened emotions and potential for dramatic developments often capture public interest, and in some cases, the details may be reported in the media. Even if a case does not reach that level of publicity, its records are generally accessible to the public, as part of public records.
It can be lengthy and costly
Divorce proceedings, especially contentious ones, can be costly due to legal fees, court costs and the possible need for experts, such as asset value evaluators or financial analysts. Various circumstances, such as an extensive list of marital properties or a highly emotional child custody dispute, can make a case run longer and consequently make it require more resources.
Mediation is still a possibility
A common misconception about contentious divorce is that since the spouses disagree on issues, the case will always go to court, leaving the judge to decide. While this is true in many cases, some parties eventually resolve their initially contested divorces through mediation.
Making guided steps towards your goals
If you are going through a contentious divorce and want to prevent or at least minimize its adverse consequences, it is crucial to find a suitable approach and strategies to best reach these goals. Working with an experienced divorce attorney can help you make informed and guided decisions towards protecting you, your interests and your family during and after the separation.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=484002024-02-26T19:51:39Z2024-02-26T19:45:28ZRealistic questions to ask yourselfDetermining to keep or sell this marital property is not a decision to rush into. Before deciding, consider asking yourself these five questions:
Can I afford the ongoing costs? Meeting mortgage payments is just one part of home ownership. Other expenses like property taxes, utility bills and maintenance costs can add up. It’s essential to ensure you can manage these costs with only a single income.
Can I qualify for a mortgage on my own? If you decide to keep the house, you might need to refinance to get your ex-spouse’s name off the mortgage. This means you’ll need to qualify for the loan on your own. Your ability to qualify for the loan may depend on your income and credit score, so it’s something to consider carefully.
How will keeping the house affect my financial goals? Will keeping the house prevent you from achieving those goals? The money tied up in the house won’t be available for other uses unless you sell the house or borrow against the home equity. So, it's important to consider your future financial plans before deciding.
What are the tax implications? Selling a house can have tax consequences, particularly if its value has increased since you bought it. Understanding this is important when deciding whether to sell or keep it.
What is the potential for its appreciation? Consider whether your house’s value might increase over time. If the housing market looks promising, it might make sense to keep the property. However, selling could be a better choice if the market is sluggish or likely to decline.
Positive answers to these questions might suggest that keeping the home is a suitable choice, especially if it gives your children the stability they need. However, if maintaining the home could lead to financial difficulties, selling might be best.
Look for the right assistance
The final decision to keep or let go of your marital home will impact not only your financial circumstances but also your children’s lives. So, consider consulting an attorney to fully understand the impact of your decision.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483982024-02-15T18:11:46Z2024-02-16T18:10:55ZReduced charges
One sign of a fair plea bargain is a reduction of the charges. For example, the offer may reduce a felony charge to a misdemeanor. This carries less severe penalties and avoids having a felony conviction on your record. However, make sure the reduced charges accurately reflect your actions. Do not admit to crimes you did not commit just to get a lighter sentence.
No mandatory minimums
Some charges carry mandatory minimum sentencing laws that require judges to impose strict penalties, no matter the circumstances. In fact, the U.S. Sentencing Commission reports that nearly 30% of criminal cases include a mandatory minimum for sentencing. A fair plea deal will avoid these, allowing for more judicial discretion in sentencing based on the facts of your case. This gives you a better chance at a lighter punishment.
Time served consideration
If you have been in jail awaiting trial, a reasonable plea offer should account for the time served. For example, if the prosecution's offer includes a 1-year sentence, but you have already served 6 months, you should only have to serve 6 more months upon pleading guilty. This avoids unfairly long periods of incarceration.
While no plea deal is perfect, paying close attention to these factors can help you determine if an offer is legitimate and truly in your best interes]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483912024-02-12T15:30:57Z2024-02-12T15:30:57ZFactors to considerWhen dividing property during a divorce, courts evaluate several factors. These aim to ensure a fair split of marital property based on the principle of equitable distribution. Here's what the court typically considers:
Length of the marriage: A longer marriage often leads to a more balanced asset split.
Each spouse's circumstances: This includes factors such as health, age and earning ability. For instance, a spouse with higher earnings may receive less than a spouse who hasn't been working.
Contributions to the marriage: The court looks at more than just financial contributions. Non-financial contributions, such as homemaking or raising children, also carry significant weight.
Behavior during the marriage: The court takes note of whether a spouse wasted or hid assets. This can sway the division of property.
Understanding these factors gives spouses a clearer picture of what to expect in terms of asset allocation when the marriage ends.
Dividing up assets
Divorce proceedings can be complex and emotionally draining, especially when it comes to splitting assets. Given the finality of the court's decision on asset division and the potential for regret or financial instability, it's crucial to understand and agree with the division before concluding the divorce process. For this reason, couples should consider seeking an attorney experienced in family law. These professionals can guide couples through Michigan's property division laws and advocate for their interests throughout the process.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483892024-01-30T09:03:54Z2024-01-30T09:03:54ZChanges to legal limits
Normally, for a driver to face OWI charges their blood alcohol content (BAC) level must be at least .08% at the time of the offense. This is determined through chemical testing, such as the breathalyzer test.
However, CDL holders are held to a higher safety standard than ordinary drivers. Because of this, the legal limit for a CDL holder’s BAC is stricter at .04%.
Penalties for CDL holders
The consequences of an OWI for a CDL holder can be career-altering. The punishments on conviction include:
First offense: The offense is a misdemeanor, punishable by up to 93 days of imprisonment and $300 in fines. In addition, the driver faces a minimum one-year CDL disqualification and possible vehicle forfeiture.
The offense was committed within seven years of a prior conviction: The offense is still a misdemeanor. However, the court may sentence the driver to imprisonment for up to a year and pay $1,000 in fines. Officials may also disqualify the driver’s CDL for life, though drivers may be able to apply for reinstatement after 10 years.
The offense was committed within 10 years of two or more prior convictions: The offense becomes a felony at this point. This also leads to lifetime CDL disqualification. Convicted drivers will have to pay up to $5,000 in fines and serve one of these two possible sentences:
Up to five years of imprisonment under the Department of Corrections.
Probation with imprisonment in county jail for up to a year, with up to 180 days of community service.
A suspended CDL can financially hurt drivers who rely on their commercial driving jobs. Worse, the conviction stays on a driver’s record, which could affect their future job applications.
Michigan's OWI laws impose stringent standards on commercial drivers to ensure safety on the roads. The repercussions of an OWI can be profound for those who depend on their CDL for their livelihood. If you’re a CDL holder facing charges, consider seeking help from a legal professional who can help guide you through the court process and protect your rights.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483872024-01-17T11:09:39Z2024-01-17T11:09:39ZThe penalties for drug trafficking
Penalties for drug trafficking in Michigan vary depending on the type and amount of substance involved:
Schedule I and II substances (such as heroin and cocaine)
Less than 50 grams: Felony charge, up to 20 years in prison, and/or fines up to $25,000
50 to 449 grams: Felony charge, up to 20 years in prison, and/or fines up to $250,000
450 to 999 grams: Felony charge, up to 30 years in prison, and/or fines up to $500,000
1 kilogram or more: Felony charge, up to life in prison, and/or fines up to $1,000,000
Marijuana
Less than five kilograms or fewer than 20 plants: Felony charge, up to four years of prison, and/or fines up to $20,000
Five kilograms or more, but less than 45 kilograms; 20 or more plants, but fewer than 200: Felony charge, up to seven years of prison, and/or fines up to $500,000
45 kilograms or more; 200 plants or more: Felony charge, up to 15 years of prison, and/or fines up to $10,000,000
Drugs like Ecstasy and MDMA
Any amount: Felony charge, up to 20 years in prison, and/or fines up to $25,000
Synthetic equivalents or derivatives of cannabis
Any amount: Felony charge, up to seven years in prison, and/or fines up to $10,000
Facing drug trafficking charges in Michigan can be a daunting experience. A conviction can lead to years of prison time and heavy fines. Not to mention, all drug trafficking offenses are felonies, which can leave individuals with a criminal record that hurts their employment and educational opportunities.
It is crucial for anyone accused of drug trafficking to seek competent legal counsel to navigate the complexities of the legal system.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483852024-01-17T10:27:38Z2024-01-05T14:02:46ZIncreased auto insurance rates
An OWI conviction can lead to increased insurance rates, which can impact a driver’s budget. Insurance companies view an OWI as a high-risk behavior, so any driver with a record will have higher premiums. This can be especially nasty for young drivers who have limited finances.
It takes just one OWI in Michigan for a driver’s auto insurance to jump as much as $6,063.
Lost income
Drivers arrested and charged with OWI may miss work to attend their court hearings or serve their sentence. This can devastate households where the convicted driver is the family's sole breadwinner.
Ignition interlock devices
A court may order a convicted driver to install an ignition interlock device on their vehicle. The device prevents a vehicle from starting unless it can detect that the driver’s breath alcohol levels are low enough. Although it’s a court-ordered measure, it won’t come free – drivers are expected to find and pay for a device installation, which costs up to $150. Drivers must also pay to rent the device, which can cost up to $90 monthly.
Driver Responsibility Act
State law also requires convicted drivers to pay $2,000 over two years as part of the Driver Responsibility Act. The fee might sound manageable, but when combined with the other financial penalties and restrictions that come with an OWI conviction, it can be oppressive.
In summary, OWIs are very expensive. On top of these many costs, a convicted driver also gets a criminal record and jail time. f you are facing OWI charges, it is important to seek the advice of an experienced legal professional who can help you navigate the court system and protect your rights.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483832023-12-20T16:07:38Z2023-12-20T16:07:38ZBasic guidelines
Michigan uses a formula that takes into account both parents' incomes, parenting time arrangements and additional factors. The formula offers a standardized approach to support calculations, ensuring consistency across cases.
Income considerations
One key element in calculating child support is the income of both parents. The median household income in Grand Rapids is $61,634, but that can decrease after a divorce.
While the formula considers each parent's income, parents may have some flexibility. For example, they might be able to make certain deductions and adjustments to the gross income, allowing them to consider specific circumstances.
Parenting time adjustment
Parenting time, or the amount of time each parent spends with the child, is another factor influencing child support amounts. In Michigan, parents may have some flexibility in negotiating parenting time arrangements, which can, in turn, impact the child support calculation. More parenting time for the noncustodial parent may lead to a reduction in child support obligations.
Additional expenses
Beyond basic child support, parents can discuss and agree upon support for additional expenses. This can include education, health care and extracurricular activities. This gives them flexibility in tailoring support to the child's specific needs.
The role of agreements
Parents can reach agreements between themselves, giving them more control over the child support determination process. By collaboratively discussing their unique circumstances and needs, parents can develop a child support arrangement that reflects their specific situation, within the bounds of legal guidelines.
While Michigan has guidelines for calculating child support, parents have a degree of flexibility in shaping the final amount. This can allow them to customize child support to meet the specific needs of their child.]]>On Behalf of WN Law PLLChttps://www.thewnlawfirm.com/?p=483812023-12-20T14:01:36Z2023-12-20T14:01:36ZDelivery or intent to deliver controlled substance in or within public or private park
By Michigan law, it’s illegal to perform any of the following in or within 1,000 feet of a public or private park:
Possessing a controlled substance
Possessing a controlled substance with the intent to deliver it to a minor
So, even if a person had no intent to give their controlled substances to a minor, they can face charges for violating this law. Possessing equipment or a location used to produce controlled substances also triggers a violation. As long as these offenses occur in or near a public or private park, a violation occurs.
The penalties for possessing or delivering controlled substances in or near parks
A violation of Michigan’s law against possessing or delivering controlled substances in or near parks is punishable by up to two years of imprisonment. However, this term of imprisonment is in addition to the other penalties a person would face for a separate conviction of possessing, delivering or manufacturing controlled substances.
To summarize, a person convicted of possessing, delivering or manufacturing controlled substances can face an additional criminal charge if their offense took place in or near a public or private park. If you’re accused of this offense, don’t underestimate what this additional criminal charge means. Consider working with a legal professional to understand your defense options in court.]]>