Detroit Legal Blog

Dividing debts in a Michigan divorce

On behalf of Lucido & Manzella, P.C. posted in family law on Friday, April 19, 2019.

Financial problems are a very common contributory factor for the breakdown of a marriage. However, many spouses who want to divorce their partner because of financial issues are worried about how the debt will be divided.

Before taking action to file for a divorce in Michigan, it is vital that you know how the law will determine the likely financial implications. By having a thorough understanding of the way that the law works in Michigan, you will be able to understand how to formulate a successful divorce strategy.

Understanding the benefits of virtual visitation

On behalf of Lucido & Manzella, P.C. posted in family law on Friday, April 5, 2019.

If you are a parent who cannot easily visit your child in person, this is likely to be very upsetting and frustrating for you. Perhaps your work commitments mean that you are traveling constantly, you live in a different state to your child or you are unable to gain physical custody at the present moment. Whatever the reason for your difficulties visiting your child, virtual visitation arrangements can be a great benefit for both you and your child.

As communication technology has become more commonplace in our society, many states have created laws to allow virtual visitation to be ordered as part of a custody agreement. Other state courts have encouraged the use of virtual visitation as a supplement to parenting time.

The role of plea bargains in criminal defense

On behalf of Lucido & Manzella, P.C. posted in criminal defense on Friday, March 22, 2019.

If you find yourself in a situation where you need to defend yourself against a criminal accusation, you will probably be in a state of panic. No one wants to be convicted and have a criminal record or have to serve jail time. Even if you don't think you can defend yourself successfully against the allegations, you may still have other options.

Plea bargains are a very common way of resolving criminal cases. In fact, plea bargains are used to resolve around 90 percent of all criminal cases in the United States. They offer the potential to reach a compromise without a trial, but they are morally controversial.

Do you need a prenuptial agreement?

On behalf of Lucido & Manzella, P.C. on Wednesday, March 20, 2019.

Marriage is a time of joy and celebration, but many couples like to preface the ceremony with a dose of realism. Not all marriages succeed, and when they fail, spouses sometimes try to hurt each other during the divorce. That’s why many couples opt for a prenuptial agreement.

Michigan allows prenuptial agreements – also called antenuptial or premarital agreements – as long as a court considers them fair and finds they were entered into in good faith and without mistake, fraud or duress.

Did my acid reflux lead to a false-positive breath test?

On behalf of Lucido & Manzella, P.C. posted in dui on Wednesday, March 6, 2019.

If you were pulled over as a driver in Michigan, it is likely that you will have been ordered to perform a Breathalyzer test. Even if you know that a medical condition such as gastroesophageal reflux disease (GERD) could potentially impact the results of breath-alcohol analysis, you have a duty to take the test as a driver and will likely face consequences if you refuse to take the test.

If you were found to have a blood alcohol concentration (BAC) of over .08 percent, you will face a DUI conviction in Michigan. This can result in fines, a ban from driving and even jail time. You do have the opportunity, however, to defend yourself from the charges.

Child custody tips for Michigan fathers

On behalf of Lucido & Manzella, P.C. posted in family law on Friday, February 22, 2019.

If you are a single father in Michigan, you may find it challenging to get the custody ruling that you want. Fathers can face many obstacles in regard to gaining custody. The first of these hurdles can be establishing paternity of the child. If the mother has not acknowledged your paternal status, you can ask the courts to order a DNA test.

While the road to having custody may be long, you are more likely to be successful with your goals by showing that you are determined to be a reliable and consistent father figure to your child. The following are some tips you can use when filing for custody.

Why is shoplifting in Michigan considered fraud?

On behalf of Lucido & Manzella, P.C. posted in criminal defense on Tuesday, February 5, 2019.

When a person takes something from a store or attempts to alter the price tag on the item so that they pay less than the market value, they are attempting illegal deception. This is why shoplifting in Michigan is classed in legal terms as "retail fraud".

If you have been accused of retail fraud in Michigan, it is important that you understand the way that the legal system prosecutes such crimes, so that you can adequately defend yourself.

Proving that your Breathalyzer test was inaccurate

On behalf of Lucido & Manzella, P.C. posted in dui on Wednesday, January 23, 2019.

Many people in the state of Michigan are unfortunately held responsible for being measured to be over the legal limit, when in fact they were subject to an inaccurate Breathalyzer test. This is why those charged with a DUI should make sure that they consider their circumstances and take action to defend themselves when they believe it to be appropriate.

The role of Breathalyzer tests is to conveniently measure the amount of alcohol in a person's breath in order to estimate their blood alcohol concentration (BAC). If a person's BAC is measured to be over .08 percent, they will face DUI charges. However, Breathalyzer tests are not always accurate, and this is very important to take note of.

3 Common myths about bankruptcy

On behalf of Lucido & Manzella, P.C. posted in Bankruptcy on Friday, January 18, 2019.

Are you feeling in over your head with debt? Intimidated by bankruptcy? If so, you're certainly not alone.

Bankruptcy carries many negative connotations that sometimes scare away the very people it's meant to benefit. But, most of the notions are just myths. Don't let these ones deter you from getting your finances back on track with bankruptcy.

The 4 most common divorce triggers

On behalf of Lucido & Manzella, P.C. posted in family law on Wednesday, January 9, 2019.

No one envisions a divorce in their future when they are engaged or newly married. However, unfortunately, many marriages are terminated in this way. While all marriages go through difficulties, some issues are worth working through.

If you are going through a difficult time in your marriage in the state of Michigan, it is important that you take the time to reflect and consider whether you can make things work. The following are the 4 most common reasons why couples tend to call it quits.