How do I get my license back?

The Secretary of State (SOS) is the entity that handles license disputes and normally it will be necessary to participate in a DLAD (Drivers License Appeal Division) hearing.

The first step is to obtain a copy of the driving record.  If the suspension is alcohol or drug related, you will need to attain an assessment from a local counselor and acquire recommendation letters. There will be a list of questions and procedures to review prior to the hearing. The panel or person to preside over the hearing will write an opinion as to whether you will be eligible for a license normally within a couple of weeks.

The entire process will usually take a couple of months.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

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.

2012
03/13
CATEGORY
Driving Violation
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My ex-spouse has violated a court order. Why is the punishment not more severe?

It is common in every divorce for one or both parties to violate court orders that apply to the divorce agreement. Examples are not showing up on time for scheduled parenting meet-ups, having someone of the opposite sex at the house without informing the other parent first or missing a sport or extra-curricular activity mandated by the court.

The Friend of the Court (FOC)  handles these issues on a daily basis and unfortunately does not have the requisite personnel to handle all of the disputes that each party has.

This can obviously be quite frustrating to the party who is dealing with the consequences of the ex-spouse’s violation. The court will typically hear the issues if they are continuous and ongoing.

I advise clients to keep a daily log of what happens and when the incidents occur. A stronger case can be made to take action if there is strong documentation of the violations.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

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.

2012
02/26
CATEGORY
Child Custody
Divorce
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Why does it take so long to get charged? The incident happened months ago.

This is common practice in criminal proceedings and the following are the most frequent causes of delays:

1.  Labs:  If it is a drug or alcohol-related case the prosecutor will send either the blood sample or the alleged drugs to the state laboratory.  This process can take months to get back due to budget cuts with the state of Michigan during the last couple of years.  As a general rule, the prosecutor’s office will not file charges until the labs are back.

2.  Investigation:  In some situations, it may take a while for the officer in charge (OIC)  to write his police report and submit it to the prosecutor’s office.   The prosecutor must then decide whether or not to formally charge you with a specific crime.   A common misconception is that the police officer has the authority to charge someone, which  is not the case. It is the prosecutor who has the power to charge someone criminally.

3.  Co-defendants or multiple incidents: In situations or cases that involve co-defendants, the prosecutor will wait until all the information against all parties is complete. If one of the defendants is involved in a separate investigation that has pending charges, the prosecutor will wait to bring charges against this person until the other case has proceeded.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

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.

2012
02/20
CATEGORY
Criminal
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What is a PDI (Predisposition Interview)?

PDI stands for Pre-Disposition Interview. It is a common plea agreement in Livingston County whereby the Defendant pleads guilty as charged and then goes to probation for an interview.

The probation department then prepares a report based on the interview and gives recommendations for the Defendant’s sentencing.   A couple of weeks after the probation interview the Defendant is sentenced in front of a Judge.

The Judge will read the probation report and the attorneys will argue for their respective clients. The Judge will then sentence the Defendant at which time they have the opportunity to either accept or reject the sentence and can proceed to trial.

A PDI gives the Defendant a look at what the Judge was going to give for his sentence and the opportunity to withdraw his plea and proceed to trial.

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.

2012
01/19
CATEGORY
Criminal
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I believe my ex-spouse is harming the children or placing them in harm’s way during visitations. What can or should I do

If you feel your children are in immediate danger then you should contact the local police authorities.

If you feel there is a longer-term issue, but is not an immediate threat you need to contact CPS (Child Protective Services) and file a formal complaint.

If you believe the ex-spouse is drinking or abusing drugs while they are caring for the children, it is wise to obtain as much information as possible about the situation and then file a complaint.

However filing a complaint with either the local police authorities or CPS can create a very challenging situation because it could put the child or children in the middle of the situation potentially forcing them to testify against a parent.

For this reason, I would strongly advise you seek counsel prior to making any rash decisions unless the child or children are in immediate danger.

Child custody situations are heartbreaking for all parties involved and rarely have an easy solution. 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.

2012
01/10
CATEGORY
Child Custody
Divorce
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Are there substance abuse groups and resources in the Livingston County area?

If you are dealing with substance abuse, I would urge you to seek help from one of the many resources available to you in the Livingston County area. There are  many fantastic people and organizations out there that want to help and your chances of succeeding with help are far greater than alone.

Here is a list of some of the resources available to you for drug or alcohol related issues. In-patient treatment facilities are also available, but are more expensive. In some cases, funding may be available to you to enter one of these programs especially if a Judge is involved and has recommended a specific program.

Al-Anon

http://www.district15alanon.org/

Phone: 517-546-9350

Complete Counseling Center

http://www.mhweb.org/michigan/complete.htm

Phone: 517-546-4445

The Naz

http://www.thenaz.org/ministries/adults/celebrate-recovery

Phone: 810-227-6600

Livingston County Council on Alcohol and Substance Abuse

casaoflc.org

Phone: 585-243-9210

Community of Mental Health Services

http://www.cmhliv.org/

Emergency Services Phone: (517) 546-4126

Non-Emergency Toll Free Phone: (800) 615-1245

Remember to be kind to yourself and that there are people out there who want to help and know what you are going through.

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.

2012
01/04
CATEGORY
Criminal
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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
CATEGORY
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
CATEGORY
Criminal
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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
TAGS




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