Should You Talk To The Michigan Police?

Clients often ask us whether or not they should have spoken to the police regarding a crime that they might have information about. Unfortunately, we usually receive this question after they have already spoken to the police and potentially incriminated themselves. Nothing good comes from talking to the police about a crime or an incident where you may be a suspect.

Here are the reasons why you should not talk to the police about a crime without first talking to an experienced criminal defense attorney.

The Police Are Expert Interrogators

If the police ask you to go down to the station to give a statement about a crime, they probably already suspect you are guilty. Police officers go through a vast amount of training in interrogation techniques – in many instances, you do not even realize the information you are telling them, including what might incriminate you. The police may ask trick questions designed to trip you up and confuse you. And of course, the entire conversation is recorded so that they can use it against you later at trial. There really is no benefit to you in giving them a free pass to ask you questions.

Refusing To Talk To The Police Does Not Make You Look Guilty

Many people mistakenly believe that if they refuse to speak to the police, they will seem guilty. But again, the police already think that you are guilty – you are not making them think one way or another by refusing to speak to them. The only reason they want to talk to you is to gain information to narrow down their suspect list, which includes you. Also, who cares what the police think of you? They are not your friends in this situation. If you are the suspect in a crime, the police and the state prosecutors are the adversaries.

Many people also think they can convince the police that they are not guilty. But most people are not trained at interrogation techniques and answering questions from trained police officers. While you may think that talking to the police will exonerate you, the information you provide in an interrogation is often just more nails in the coffin of your guilt.

No matter how nice they are and how often they say that they are just here to help you, do not believe it: they are there for a very specific job. Their job is to find people who are guilty of crimes. If they already suspect that you are guilty of a crime, their job is to find evidence to prove that suspicion. This is the case whether you are innocent or guilty.

It’s no coincidence that there is an epidemic in the United States of innocent people going to jail. Every day, people are arrested, charged, and convicted of crimes that they did not commit. Some of those are horrendous cases where people are put on death row, even though they are innocent. There have been dozens and dozens of cases where people on death row have been proven to be innocent years, if not decades, after their convictions.

Don’t make the mistake of talking to the police without first hiring an experienced Michigan criminal defense lawyer. The best way to protect your innocence is by having an expert on your side, fighting for your rights.

Michigan Criminal Defense Lawyer

If you have been accused of a crime, or are under suspicion of committing a crime, then it’s important that you don’t speak with the police. Instead, contact a lawyer as soon as possible. Law Offices of Ravi R. Gurumurthy, PLC can provide you with guidance and direction, including how you should go about your contacts with the police. Notably, a criminal defense attorney can fiercely advocate for you and fight back against whatever offenses the prosecutor charges you with. To discover more about how Law Offices of Ravi R. Gurumurthy, PLC can help you, call (231) 577-1580 or contact us online.

Michigan Assault And Battery Crimes

Unfortunately, fights happen. Whether you’re out at a bar or at a backyard barbecue, sometimes people’s anger gets the best of them, and it comes to blows. But what should you do if you were involved in an altercation or a fight? In Michigan, the crimes of assault and battery are treated extremely seriously. If you were involved in something like this, you should immediately contact an experienced Michigan criminal defense lawyer.

Never speak to the police without first having an expert criminal attorney at your side, making sure that your rights are protected. It might be the difference between your freedom and spending time in jail.

Definition Of Michigan Assault And Battery

In Michigan, simple assault is defined as an attempt to cause physical injury to another person or an intentional unlawful act or threatening action where the offender appears to have the ability to carry out the act and the act would cause a reasonable person to be in fear of impending violence.

The definition of battery is a completed assault – the intentional infliction of violence or force against another person.

The definition of felonious assault is an assault and battery committed with the intent to murder or cause great bodily harm to the victim, with either the intent to commit another felony, like robbery or kidnapping, or using a dangerous weapon, such as a firearm.

Domestic violence assault is defined as an assault committed against a spouse, former spouse, someone you were or are currently dating, someone with whom you have a child, or someone with whom you reside or have resided.

Penalties For Assault And Battery

In order to fully understand the charges against you, you need to understand the definition and the elements of the specific crime. You should also be aware of the sentence you might face to make informed decisions about how to proceed with your criminal case. The penalties for an assault conviction in Michigan depend upon many factors, including the type of assault, whether a weapon was used, the circumstances of the attack, and whether this was your first offense.

Simple assault: Assault without a dangerous weapon is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both.

Aggravated assault and battery: Aggravated assault and battery is a felony, punishable by up to one year in jail, a fine of up to $1,000, or both. You will also be placed on probation for up to two years, and may be ordered to pay restitution.

Domestic violence assault and battery: A first-time conviction for domestic violence assault or assault and battery is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, up to two years of probation, and/or restitution. Conviction for a second charge of domestic violence assault or assault and battery is a felony, punishable by up to one year in jail, a fine of up to $1,000, or both, plus up to two years of probation and restitution.

Aggravated domestic assault or assault and battery: A first-time conviction is a felony, punishable by up to one year in jail, a fine of up to $1,000, or both, up to two years of probation, plus restitution. If you have a prior conviction for domestic assault or assault and battery, you face up to two years in prison, a fine of up to $5,000, or both, as well as up to five years of probation and restitution.

Assault with intent to murder: This is a felony, punishable by up to life in prison. If the offender did not intend to murder the victim but only intended to inflict great bodily harm, the penalties include up to 10 years in prison, a fine of up to $5,000, or both.

Aggravated offenses: When an assault occurs during the commission of another felony, such as burglary, rape, or kidnapping, the assault charge is punishable by up to 10 years in prison, a fine of up to $5,000, or both. If the assault was committed while attempting to steal from the victim and the assailant was unarmed, the crime is punishable by up to up to 15 years in prison. If the assailant was armed with a dangerous weapon, the crime is punishable by up to life in prison.

Michigan Criminal Defense Attorney For Assault, Battery Offenses

If you are dealing with an assault or battery charge, then, given the severity of this offense, you will need an experienced criminal defense attorney on your side who will fight aggressively to defend your rights and take apart the prosecution’s case against you. Law Offices of Ravi R. Gurumurthy, PLC is devoted to representing people in Michigan who have been charged with criminal offenses including assault and battery. We are here for you and will fight hard to get you to the best position possible. For a free consultation with Law Offices of Ravi R. Gurumurthy, PLC, call (231) 577-1580 or contact us online.

Selling A Home During A Divorce In Michigan

One question we often get from our divorce clients is whether they can or should sell a home during the divorce proceedings. The selling of the family home is both a financial decision and an emotional one. It can be a tough decision to make, especially if there are children involved.

Should You Sell The Marital Home?

This can be a difficult question, but it is easier if both spouses agree. Here are the options in most divorces on what to do with the marital home:

Option 1: Sell the home with a realtor that both parties agree to and split the proceeds.

Option 2: One party keeps the home and essentially “buys out” the other party’s equity in the home. Obviously, there will have to be some negotiation regarding the appraised value and the deduction of any mortgage or loan amounts secured by the property. This option foregoes the need of a realtor and their cost, but the party keeping the home will have to be able to refinance.

Option 3: The parties keep the home and “share” it. This option is used quite often when there are minor children involved and the parties do not want to uproot the children.

When Can The Marital Home Be Listed For Sale?

When the home can be listed for sale depends on the circumstances. If the parties agree to sell the home and split the proceeds, and everything else has already been decided, then the home can be put on the market immediately. However, if there are outstanding, lingering issues, then selling the home should be placed on the back burner.

For instance, if child custody, parenting time, and child support are still in contention, then the home should not be sold until these issues are agreed upon and put in writing. Another issue that might hold up the sale of the marital home is alimony. How much money one spouse will be receiving in alimony might dictate whether or not that spouse can pay to keep the marital home. These issues and others may need to be determined before the parties even begin discussing the sale of the home.

Michigan Divorce Attorney

If you want to sell or transfer your home or other property during your Michigan divorce proceedings, you can benefit from the advice of an experienced divorce attorney as they can make you aware of the implications. Law Offices of Ravi R. Gurumurthy, PLC is focused on helping people in a variety of family law issues ranging from divorce to child custody and financial issues. We are here to answer any questions that you may have and can help you determine the right steps to take to accomplish your goals. Get in touch with Law Offices of Ravi R. Gurumurthy, PLC by calling (231) 577-1580 or by contacting us online today.

How To Determine Michigan Child Support

One of the most contentious issues we face as family law attorneys in Michigan is child support. Many, many hours of work and a lot of emotions are put into this issue. Child support is one of the issues that causes the most arguments and negative atmospheres in a divorce. Of course, the primary concern should always be the best interests and welfare of the children. This is the standard that Michigan courts use when determining custody and child support figures.

Michigan Child Support Formula

The formula that is used in Michigan Domestic Relations offices to determine the amount of money a parent is supposed to pay for child support has five elements to it:

1. The number of overnights that each party has with the child or children per year;

2. Each party’s income and deductions (not all deductions allowed by the IRS will be considered deductions for child support purposes);

3. The cost of health insurance attributable to the child plus the cost of uninsured health care expenses for the child (deductibles, co-pays, etc.);

4. Any childcare costs paid until the child reaches age 12 (then it is no longer included in child support); and

5. Whether the payer of child support has other children with another person(s), and how many.

Who Can Receive Child Support In Michigan?

A person can receive child support if all of the following apply:

• The person is the parent of a minor child or has responsibility for a minor child;

• The minor child lives in the person’s home;

• The minor child is financially dependent on that person;

• One or both of the minor child’s parents do not live with the minor child; and

• The court has ordered a child support payment.

Who Receives The Money From Support Payments?

If the family has never received public assistance benefits, all support payments go to the custodial parent. If the family is receiving public assistance benefits, all support payments go to the state. (Unpaid amounts for this period are due to the state even after the family goes off assistance.) If the state receives more in support payments than what it has paid to the family in total benefits, the state pays the family the difference.

What Other Types Of Support Can The Court Order?

Most child support consists of cash payments from one parent to the other. But there are two other types of “support” that Michigan courts can order under the law:

1. Medical support: Michigan law states that the court must order one or both parents to get health care coverage (health insurance) that is available to them at a reasonable cost. The court order will define reasonable cost, but generally insurance is considered reasonable if the cost to enroll the children does not exceed 5 percent of the providing parent’s gross income. The court may set a dollar limit on what a parent has to spend for the cost of health insurance. The court may also order one or both parents to pay for health care expenses not covered by insurance.

2. Childcare expenses: The court may include an amount covering work-related childcare expenses when the child is less than 12 years old. Work-related childcare expenses are those that allow the parent to look for employment, keep paid employment, or enroll in and attend an educational program that improves employment opportunities. Using each parent’s income, the court decides the amount for this expense.

Michigan Child Support Lawyer

Michigan’s laws on child support are complex. If you need help determining the amount of child support that you or the other parent might be responsible for, then it will be helpful for you to discuss your situation with a Michigan child support attorney. Law Offices of Ravi R. Gurumurthy, PLC is knowledgeable and experienced with handling child support, child custody, divorce and other family law matters. We are happy to explain your options and work with you to manage your child support matter in an efficient and effective manner. Reach out to Law Offices of Ravi R. Gurumurthy, PLC by calling (231) 577-1580 or by contacting us online.