Archive for December, 2011

Have a safe New Year’s Eve- drunk driving advice.

As many people know, New Year’s Eve can be a dangerous time to be behind the wheel of a car whether  you have been drinking or not. People understandable want to go out and have a good time to ring in the New Year, but unfortunately many do not take the necessary precautions and plan ahead to make sure they have a way of safely getting home. Deaths typically shoot up about 150 percent during the holidays, as intoxicated revelers get behind the wheel.

Here are a few sobering statistics about drunk driving that might make you think twice about driving even after a few this year:

• One person is killed every half-hour due to drunk driving
• Each year approximately 16,000 are killed in alcohol related crashes
• Alcohol is a factor in almost half of all traffic fatalities
• Every other minute a person is seriously injured in an alcohol related crash

http://dui.lifetips.com/cat/61352/drunk-driving-facts-stats/index.html

In an earlier post, I addressed the common question of whether or not you are required to take a PBT (Preliminary Breath Test) or breathalyzer, when they get pulled over for drunk driving.

The short answer is yes. Holding a Michigan driver’s license implies that you will consent to a PBT if pulled over by law enforcement. Refusing the breathalyzer will cause your license to be revoked for one year.

So this New Year, please plan ahead so that you don’t find yourself in a position at the end of the night where you have the opportunity to make a poor decision. Have contact information for local cab companies, designate a driver or consider staying in this New Year’s Eve.

Have a safe and happy New Year’s Eve!

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/29
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Criminal
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Support Groups for Divorce

The holidays can be an incredibly joyous time of year, but if you have experienced a divorce it can be a depressing experience that you are simply hoping to survive. You might be dreading the family gatherings or maybe you will be forced to spend a portion of the holidays alone because your ex-spouse has custody of the children.

You shouldn’t place too many expectations on yourself and need to realize that it’s going to take some time before you start to feel normal again.

This is a time when you need to treat yourself kindly and not judge yourself.

And fortunately there are places and support groups located throughout Livingston County that want to help. I recommend contacting the Divorce Support Group in Livingston County:


Brighton Wesleyan Church 7555 Brighton Road Brighton, Michigan 48116

Phone: 810-227-4073 Contact: Mr. Ron Walker

You can find a full list of Divorce Support Groups around the state of Michigan here: http://www.divorcesource.com/groups/michigan.shtml

Take care of yourself and I do wish you a happy holiday season.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/22
CATEGORY
Divorce
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What happens if I violate my probation? Will it have effects on my original sentencing?

A probation violation is treated differently than the underlying charge that placed you on probation in the first place.

If you violate your probation, you must first be arraigned for the new offense and then a hearing will normally be set within 14 days.

At the hearing you can either plead to the violation or have a new hearing set for the probation violation.

Because you are already on probation and many of your rights are limited or have been reduced as a result of being on probation, the rules of evidence are not entirely applicable during the new hearing.

The prosecution now must only prove that you are more than likely guilty than not compared to proving that you are guilty beyond a reasonable doubt.

Please don’t hesitate to contact me if you have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/20
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What happens if I get a divorce and I am going to obtain an inheritance or money?

As a general rule, money that is not commingled and from an inheritance is not part of the divorce proceedings.

If you are planning on obtaining a sum of money that is outside your normal income from an inheritance then you should keep the money in a separate account.

There are always angles and avenues that attorneys will attempt to use to have the money part of the proceedings, but the major factor is whether the money has been commingled with other accounts.  The best advice is to keep any money that is from parents or inheritance in a separate account and not touch it until the divorce is final.

Have a great weekend and don’t hesitate to contact me if you should have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/16
CATEGORY
Divorce
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I am confused about my bond and what exactly I am required to do.

This is a frequent concern for people who have never been in trouble with the law. Livingston County is notorious for their strict bond conditions.

You will need to review the conditions of your bond to ensure you are in compliance, as the requirements will vary depending on the crime.

Normally you will have to either drug or alcohol test as a condition of your bond and make sure that you have ample proof that you are complying with those conditions.

There are two main places where you can sign up for your testing requirements which are Second Chance Support Network and Garry Flanary & Associates.

Our office will go over your bond forms with you to ensure compliance, assist in getting signed up for alcohol or drug testing, and guarantee you have the  appropriate documentation to provide to the Judge in Court.

Bond conditions are in effect until the date of sentencing.  This means that if you have testing that it will continue until you are sentenced or the Judge amends your bond conditions during a court proceeding.

Please don’t hesitate to contact me if you have any questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/07
CATEGORY
Criminal
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What is a PSI (pre-sentence investigation)?

A PSI is a pre-sentence investigation report that is prepared by your probation officer prior to sentencing.  The probation department will set up a meeting with you and a specified probation officer whereby you will sit down with them and discuss your case.  It is imperative that you are prepared and on time to answer the questions that the probation officer will be asking you so that you can obtain a positive PSI report.

The PSI is a crucial document in your criminal case because the probation officer outlines recommendations regarding your sentencing to the Judge.

You will need to sit down with an attorney and go over your PSI report prior to sentencing to ensure its accuracy and to decide what arguments to make to the appropriate Judge at sentencing.

I can go over the various questions and issues that will be raised by your probation officer prior to your meeting. Don’t hesitate to send me an email if you have any questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/01
CATEGORY
Criminal
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