Felony Email Case On Hold In Michigan

From Freep.com

The state Court of Appeals has put on hold a felony computer hacking charge against a Rochester Hills man who read his wife’s e-mail.

But the court will let a charge of illegally accessing CLEMIS, a law enforcement computer system, stand against Leon Walker, 33.

“This court concluded that serious questions exist as to whether this felony criminal statute was intended to be applied to domestic relations cases of the sort presented here,” the court panel said Monday in a unanimous opinion by E. Thomas Fitzgerald, Kathleen Jansen and Henry William Saad.

The court ordered the trial judge, Martha Anderson, to file an order explaining why she believed the statute should be used, and gave her within 35 days to file it.

Walker’s attorney, Leon Weiss, said the appellate decision sends a message to the prosecutors and the courts: “It says the circuit court was dead wrong in not throwing this out.”

He said he would take the CLEMIS matter back to the Court of Appeals on Wednesday if prosecutors try to proceed to trial.

“That case is even more frivolous than the first case,” he said.

Paul Walton, chief Oakland County assistant prosecutor, said the trial on the CLEMIS matter would proceed Thursday, while they await the appellate decision on the hacking case.

“He accessed CLEMIS, a criminal investigative database. It’s against the law,” Walton said.

In the CLEMIS matter, Walker said he asked county officials how the system worked, and they showed him, because he was preparing a Freedom of Information Act letter to find out whether anyone else in the county had been charged with reading a spouse’s e-mail. None have.

Walker, a computer technician for Oakland County, also was to go to trial Thursday on the hacking charge.

He suspected his wife, Clara, was having an affair, and in the summer of 2009, he read her Gmail account on the family computer, using a password he said she kept in a notebook.

Walker then learned that his wife was having an affair with her second husband, a man who had been arrested for beating her in front of a child she had with her first husband. Walker shared the e-mail with the first husband, who included it in his child custody fight.

The couple, who share a child, have since divorced. Walker has insisted he shared the e-mail with the first husband because he was worried the child would be subject to more domestic violence.

The story has made international headlines.

Do you think accessing your spouse’s email account should be a felony?

If you have a question concerning a divorce case or a criminal charge contact Ambrose Law Group at (248) 624-5500

We have experienced Michigan family law and criminal law attorneys who can answer your questions and help you with your case

www.ambrosefamilylawattorney.com

www.ambrosecriminallaw.com

Is Your Husband Being A “Weiner”

Many of you have probably heard about the sex scandal that is burning up Washington, D.C. and New York.  Congressman Anthony Weiner (D), a married man and soon-to-be father, was caught posting lewd photos on the internet of himself and another woman whom he was having a torrid affair with.  He is now being asked to step down from his position, but Weiner refuses.  Here is a link to the full story:

http://news.yahoo.com/s/nm/pl_nm/us_usa_politics_weiner

We’ve blogged before about how texting and other forms of social media can affect your marriage or a divorce case check out our articles below:

http://ambrosecriminallawblog.com/2011/03/22/michigan-man-charged-with-polygamy-after-posting-pic-of-new-wife-on-facebook/

http://ambrosecriminallawblog.com/2010/12/09/how-facebook-might-hurt-your-divorce-case/ 

            If you have a significant other who is being unfaithful, please call David Lutz  at the Ambrose Law Group at (248) 624-5500

www.ambrosefamilylawattorney.com

John@ambroselawgroup.com

Michigan Man Charged With Polygamy After Posting Picture of New Wife on Facebook

A Grand Rapids man, excited about his new marriage decided to post some pictures of his new wife on his facebook page.

Not excited about his new marriage was his first wife – who he was still legally married to. Yikes. She turned him in and he was arrested a short time later.

The two-timing husband now faces up to four years in jail

Read the full story here

This is another example why it’s important to be mindful of what information you’re posting on your social media pages, especially facebook.

Want more reasons? Check out our previous blog posts:

How Facebook Might Hurt Your Family Law Case

Warren Juror Gets Fine and Homework For Her Facebook Post

Facebook Friend? Or F.B.I Foe?

If you have a family law question contact Ambrose Law Group at 248-624-5500 or visit our website at www.ambrosefamilylawattorney.com

Holly@ambroselawgroup.com

Basic Info On Child Custody

 

There are two types of jurisdictions:

1. Personal and

2. Subject matter.

Personal is over the parties. Long arm statue.

Subject matter: one party needs to be a resident for 180 in the state and 10 days in the county where they are filing.

Someone cannot be a resident if they are here because they have a F1 visa.

Custody Case

Any time parties want a divorce with children. What will happen to the children. Remember that the worst custody arrangement is better than a custody battle. Think o f the outcome, financially. Make sure you consider what’s good for the kids.

3 types of custody: legal, physical and parenting time.

Legal is joint 99% of the time. Jail/physical abuse is the exception to having a parent having legal custody.

Physical- there is no significance.

MOST IMPORTANT IS PARENTING TIME

3 types of Parenting Time

1. School, start with this first in your case

2. Vacation/holidays during the school year

3. Summer vacation- you can try different times during this period:

Reverse times, extended vacations, non consecutive.

Vacation/holiday time use alternating holidays/vacation. This year dad has Thanksgiving, next year mom has Thanksgiving. Be specific in the divorce documents and schedule places and times for exchanges. Usually the best parenting schedule is the lease said.

If parties cannot decide on custody?

Joint legal custody unless legal is not appropriate.

Award physical to one party

Let Judge decide.

There are 12 factors to determine BEST INTEREST OF CHILD  MCLA 722.23

A. love and affection- bond between child and adult.

B. Capacity- to give child guidance and parent’s disposition.

C. Provide food and Clothing- how does parent interact with child.

D. Length of time child is stable

E Permanence of existing home

f. Moral fitness of each parent

Depends on situation and does it affect the children

g. Mental and physical health of parents—very important

either parent can assert privilege but court looks against that

K home school community

i. reasonable preference of the child. Court can do this.

j. Willingness to have child and parents get a long.

Is one parent talking badly about the other parent in front of the children.

L Domestic Violence – either directed at or witnessed by the child.

ESTABLISHING CUSTODIAL ENVIRONMENT

If one parent moves out it becomes defacto that the one that stays becomes the custodial parent.

If you have questions about child custody contact David Lutz at 248-624-5500

The 411 On Divorce Basics

There are 5 issues in a divorce case, they are:

 

1. The divorce itself

2. Minor Children, if any

3. Property Division

4. Support: Child and Spousal

5. Attorney fees and others

 

When you being your divorce and meet with your attorney you first have to realistic expectations. Ask your attorney what is realistic and what is not. A good attorney should not tell you that you will receive everything you want.

 

Commence a Case – starting

You will be in the family division of the circuit court in the county where you live if you file first.

 

You will file a Complaint for Divorce which includes all of the above numbers.

If you wish to file for a separation you will have all the issues above except for #1.

 

In your complaint for divorce you can petition the court for ex-parte relief for such items as temporary restraining with out notice to the other side.

 

3 phases of the divorce:

1. Exparte –Wild phase: This is the time when the first party files until the second party hires an attorney.

2. Temporary Phase- Other side retains an attorney or the parties go in front of a judge.

3. Permanent Phase- the rest of your client’s life.

 

Your attorney will review with you several important items:

Does the client need to do anything right away. Is there a danger that the client needs to file or be retained?

 

Temporary arraignments and parties are being supported and bills are being paid. Your attorney will be gathering information for your case. Look at inerium support and custody. Look into settlement information.

 

COMPLAINT

There are 5 issues in the complaint.

First is the divorce itself. There are 3 parts to the divorce: the law; proof at trial and relief requested.

First part:

Does the court have subject matter jurisdiction? One of the parties must be a “resident” of the state of Michigan for the statutory period of 6 months/180 days. This varies between states. Here you look at the intent of the party. Michigan law 552.91(1)a: states that residence and domicile are the same.

 

Second part:

To file first you must be a resident for 10 days in the county where you are going to file. Michigan requires only one of the parties meet the 180 day requirement.

 

Third part:

Allege the lawful marriage and wife’s latest last name.

 

Fourth part:

MCL 552.6 There must be the allegation in the complaint that there is a breakdown in the relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

 

Michigan is a no fault state where other states can be a fault based state which means one party committed adultery, or cruelty or desertion or abandonment. Fault in Michigan is for custody, property settlement, support and attorney fees.

 

Fifth part:

Name of children and ages if any.

 

Seventh part

State whether or not the wife is pregnant.

 

Eighth part

State if the courts have jurisdiction over the children

 

Tenth part

States if there are assets to divide.

 

Eleventh part

Support for client and children

 

Twelfth part

Who can pay for the attorney fees.

 

Ex parte relief

This part tells the court the facts.

 

Status Quo Order

Who has been paying for what

 

 

End of the Complaint

Tell the court what you want, plead only basics on the 5 issues:

The divorce

Property

Minor children

Alimony and child support

Attorney fees and who pays

 

Next file the Summons and Complaint form

After you have it time stamped at the court, take the ex-parte orders to the judge’s clerk to have them signed.

To service the spouse: Client can give it to spouse or use a process server. It just depends on how you feel the spouse will handle the divorce and what you want to accomplish.

 

DEFENANDT/ATTORNEY

The defendant and his or her attorney must file an answer. Either admit or deny each paragraph by number in the complaint. Tell the court what defendant wants or/and counter claim for divorce. This stops the Plaintiff from stopping the proceedings. Also file any objections to ex parte orders.

 

MOTION PRACTICE

Going to court to get something from the judge. You must tell in the motion and precipee in Oakland county what you want and why. There is at least one week’s notice minimum up to 13 days, depending on what day of the week is motion day and when you file.

 

The caption will be “Motion for ____________”

Attach a short brief is ok, even one sentence. Attach a proposed order for the judge to sign immediately.

 

HOW TO ARGUE A MOTION

If you file a motion, you can lose and have a judge hate you.

1. The attorney should be there first, check in and sit the client.

2. When your case is called the attorney will go to the podium and state “Good morning your honor, may it please the court, my name is ____________ on behalf of ___________” if have retained an attorney.

3. keep eye contact with the judge. Identify the motion: “Judge Im here today ……..” Tell the judge what you want. State the least amount of law and facts, mostly speak to the judge and TELL THE TRUTH.

 

The other side will then argue their side.

 

You then decide if you want to rebut.

 

Tell the judge thank you.

 

If you think the judge got the issue or relief is not what you want or just got it wrong, tell the judge you want clarification.

 

It is good to have the client there but it also depends on the type of motion and cost to client.

 

 

DISCOVERY

This is what we are trying to find out about the other party. There are several tools available:

Interrogatories

Produce documents

Subpoena

Request to admit

 

1. Statement of net worth for each party on a certain date both assets and liabilities.

2. Parties Income and cash flow

How much money they need to support themselves.

3. Expense analysis – life style analysis

Money to get by to pay mortgage, car, food, kids activities etc

4. Marital history: what went on.

 

 

How to gather all this info:

Use interrogatories to the other side.

Find out what info you need to develop the questions. Have a long and short list of questions.

 

Get general information first then go to specific if needed:

Assets and value of each

Produce documents

Liabilities

 

 

Depositions

This is an effective way to gather information. Decide first what you want to accomplish. Best used on a hostile witness. Judge does not see transcript. Make outline and listen to the answer and ask why.

 

Tell your client to tell the truth and to think before they answer and know what you’re going to end up with. You should not guess at a question. It is ok to say “I don’t know at this time”.

 

A deposition is like being a goalie, keep the puck out of the net. You can’t score points at your deposition.

 

You can do threats of who you are going to depose like girlfriend.

 

Use a subpoena to depose 3^rd parties.

 

Request to admit

These are 1 sentence statements to admit/deny/ or take the 5^th.

The court can draw inferences on taking the 5^th.

 

If you have questions about filing for divorce contact David Lutz at (248) 624-5500

What To Expect At Your First Divorce Consultation: What Happens At The Meeting

During your initial consultation with a matrimonial attorney, expect the attorney to provide

you with an overview of what to anticipate relative to at least the following five issues:

(1) the divorce process,

(2) matters pertaining to any minor children of the marriage,

(3) division of your assets and liabilities,

(4) support (both child support and spousal support),

(5) the related attorneys’ fees and costs.

In order to be able to address these five primary issues for you and provide you with a potential gameplan, it be will necessary for the attorney to make a substantial inquiry into all sorts of matters.

Some of the questions will be name, rank, and serial number types of questions; other questions

will pertain to minor children; additional questions will be related to financial

matters; and other questions will be of a more personal nature in terms of any

precipitating events and “who did what to whom.”

Know that when answering these questions the attorney-client privilege is in effect,

meaning anything you tell to the attorney will not, and cannot, be repeated to

anyone without your permission. With that understanding, it is imperative that you

tell the attorney the truth and provide all of the related details.

The quality of the advice you receive will be directly proportional to the candor with

which you answer the attorney’s questions.

If you have any divorce questions please contact Ambrose Law Group at (248) 624-5500

www.ambrosefamilylawattorney.com

What To Expect At Your First Divorce Consulation: What To Bring

There is nothing that you must bring with you to your first meeting. In fact, most people do not bring anything with them at all.

While it will be your attorney’s job to gather all of the relevant net worth, income, and expense information during the pendency of any case, it is often helpful to have copies of recent tax returns, paystubs, bank statements, and other documents bearing numbers that may be lying around your home or office.