Tag Archives: lawyer

Michigan Medical Marijuana – Know Your Rights

In Michigan, the law cuts short of fully legalizing the use of medical marijuana. This can make the whole legal situation challenging to realize. It is essential that you know the law as well as understand your rights when utilizing medical marijuana in Michigan. You don’t wish to make expensive mistakes, and you certainly do intend to be able to stand your ground and recognize your rights if you ever need to defend them for any kind of factor.

The First Requirement

To begin with, you need to be a qualifying patient or registered as a primary caregiver for you to be able to have and also use marijuana without running into trouble with the law. To become a qualifying patient, you need to be diagnosed as having a debilitating medical problem by a professional and completely qualified physician. They will provide you with a written certification stating this if it’s the case.

What Protections Do You Obtain?

The law protects qualifying patients as well as primary caregivers from every one of the state laws concerning the usage, possession as well as manufacture of cannabis. This remains the instance as long as you possess an amount of the medicine that’s equal to or less than the prescribed statutory amount. You will have a registry identification card if you are a qualifying patient or their caregiver; you will need to be in possession of this if you are carrying marijuana.

Where Can You Make Use Of Medical Cannabis?

In terms of where you can utilize the marijuana, it’s finest to stick to your home or the home of someone else that has actually given you authorization to use it there. You are not allowed to utilize it in any kind of school, correctional facility, public transport or any type of public location. It is essential to keep in mind this since you’re not protected from the drug laws if you use it in those places.

About Growing Cannabis

If you are intending on growing your own cannabis plants for usage, you need to know the rules surrounding this practice. The plants should be kept locked up in an enclosed place. The growth of the plants is only enabled use by the qualifying patient. The caregiver can be paid for their support in growing and manufacturing the plants on the patient’s behalf.

Police Searches: What You Should Know

As long as you’re in possession of your registry identification card as well as you’re carrying an amount at or below the statutory proscribed amount of marijuana, local police will presume you’re engaged in the use of medical cannabis. Therefore, you will not be treated as a criminal or placed under arrest. This additionally means that the police are not within their rights to search you without authorization being given.

Affirmative Defense

There have been situations in the past where legitimate owners of registry identification cards have got into trouble. Yet the affirmative defense is laid out by the state and states that the defense of having medical purpose for the marijuana in their possession is a valid defense when they possess no greater than a practical amount, their physician has mentioned their requirement for it bases upon their medical history as well as the medicine was being used just to treat the patient.


What To Know When Your Divorce Includes Child Custody

Single parent homes have actually become exceptionally common in America. Today over 23 million children live in a single parent home. Going through a divorce can be challenging, and when a child is involved, it can be much more tough and difficult. If you have a child who is under the age of eighteen, the problem of custody will be a part of your divorce procedures. Considering that Child Custody issues are complicated, it deserves knowing all the problems that you can encounter. That’s what we’re going to look at today.

How Do You Reach A Custody Agreement?

If you’re going through a divorce, there a variety of ways that you can reach a custody arrangement. It is essential to ensure that you look for legal advice before you take any advances here. You need to be sure that you are making the best decision. Once you have actually done this, you can reach an informal arrangement using an arbitrator or with the decision of a judge.

Once an agreement has been reached informally, this will lead to a binding written legal agreement. This can have various names including a parenting agreement. The agreement will be revealed to the court where it then becomes a binding contract. At this moment, the parents should agree to the terms.

It is possible to reach these kinds of agreements with no help from an attorney. But, if you want to make certain that you do get custody of a child, this is not suggested.

If a lawyer is included, this will generally take the kind of a mediation, and that occurs outside the courtroom. These circumstances are less adversarial with a neutral party managing conflicts. Each parent and lawyer will be supplied with a possibility to make their case, and hopefully, the agreement will be formed through teamwork. There is an exchange to the proceedings prior to the arbitrator, or neutral party draws up a strategy that will be settled through court.

What If An Arrangement Can’t Be Reached Through Mediation?

At this point, custody should be handled in court. A family court will identify the custody strategy in this case, and Michigan courts use a ‘best interest of the child’ standard. Eventually, this just indicates that the child’s needs are put first, nevertheless, the aspects that are taken into account can differ from court to court.

A few of the aspects that can be considered consist of:

Living circumstance of individuals parents

Relationship with children

Determination of parent to support their spouse

Abuse or neglect

Some courts will also think about the child’s choice. This usually means that an older child will be enabled to voice their viewpoint on who they want to stay with in court. Other courts will look at whether or not the parent can provide a steady way of life for the child in addition to the age of the child in question. Some judges have leaned on the concept that younger children need to be with their mother.

What Are The Types Of Custody Arrangements?

There are a couple of types of custody arrangements that you can argue for or that a judge can choose:

Physical custody– This means that a child is permitted to live with you after a divorce. This can be a shared agreement with both parents acquiring this right. Generally, this is typically the favored approach by the court. It is necessary to be aware that this does not need to be an equal split and one parent can be granted custody for the majority of the time. If parents are unable to settle on a schedule, the judge will set one up.

Sole physical custody merely indicates that a child will live fulltime with one parent. While this does supply stability for the child, it can be incredibly difficult for children to lose the other parent from their life.

Visitation Rights– In a custody agreement, there will be a visitation schedule that both parents are legally required to follow. This indicates that parents can not take their child away from their partner without their permission. In specific cases nevertheless, visitation rights can be limited for one parent. This is generally the case if there is the threat of harm or a problem with abuse. Visitation rights can be challenging to understand, particularly when it concerns the rights of extended family members. If you are in any doubt about your rights after a custody arrangement, ensure you talk to your attorney.

Legal Custody– Do understand that physical custody does not offer legal rights to make decisions about your child’s upbringing. For this, legal custody should be supplied to an individual parent otherwise it will be shared. This consists of choices on education, spiritual instruction, and healthcare. Usually, shared legal custody is the standard result. Nevertheless, there are cases where one parent will be provided total rights here.

Are There Emotional Concerns?

There will always be psychological concerns to contend with when a child becomes part of divorce procedures. It is necessary that they do not feel like a tool in a legal fight and that they are not used by one parent against the other. There are a few ways you can make your divorce simpler for your child. Make certain that you are always considerate of one another through the proceeding. Children need to not see you yell, verbally attack each other or threaten violence.

Children are emotionally dependent on the concept of their parent’s relationship, particularly when they are younger. You should make sure that they know the separation has not been triggered by them and that you both love them in spite of the divorce. Make sure that they are associated with the divorce proceedings as little as possible. Do not try and motivate them to pick a side as this can cause extreme stress and anxiety for the child. It is very important to select the ideal lawyer who can guide you through all these concerns and ensure that your child is protected from the negative problems of a divorce.

We hope this assists you comprehend the elements of child custody during a divorce case which it enables you to avoid some of the typical problems.

Marijuana Attorney: An Easy Definition

What is a marijuana lawyer, what do they do, and how can they benefit you? These three questions are probably on your mind if you’re looking into opening a medical cannabis company in Michigan. Do not fret, all your inquiries will be addressed in this post.

What is a Cannabis Lawyer?

To put it concisely, a cannabis attorney is someone who provides legal services focusing on marijuana law. Mostly, this refers to medical cannabis and the licensing required to begin a business in this field.

A marijuana attorney will represent marijuana organisations that need help. There is a variety of various legal problems they might have, and it may shock you to see how much a cannabis attorney can assist you with.

What Do Cannabis Attorneys Help You With?

The work these attorneys do will depend on the scenario you find yourself in. If you don’t have an organisation however want to begin one, then they help you request a license. A cannabis lawyer has all the understanding and experience to know the complete application process. They will help you find the proper license depending upon the kind of cannabis company you’re opening. Not only that, but they provide you with the list of requirements for the licensing applications. This guarantees you have everything you need to proceed and get your service license.

Together with this, they provide legal support in marijuana defense cases as well. If your business gets hit with any criminal charges, then a lawyer will assist battle them on your behalf. This can help prevent your business from being incorrectly implicated of things or wrongly shut down.

Furthermore, a marijuana lawyer can also assist you with the banking side of things– most significantly the tax concerns. A great deal of company owner are unaware of the tax implications when beginning a medical marijuana business. So, having legal assistance in this field is really beneficial.

How Will Entrpreneurs Take Advantage Of a Marijuana Attorney?

As a cannabis business owner– or possible business owner– you will gain from dealing with the best attorney. They put your interests initially and will carry your issues for you. Prior to you even open your doors, they exist to guarantee you get the best license to operate lawfully in Michigan. This prevents issues with the law, as lots of organisations get shut down for not having the appropriate license.

Not just that, but they can help you conserve cash by combating any legal charges and other issues that you might be getting penalized for. To put it simply; if you wish to open a marijuana business in Michigan, then you need the help of a cannabis attorney.

By reading this article, all of your questions concerning this subject should be responded to. If you require a cannabis lawyer in Michigan, then please do not think twice to call our team today. You can leave a message via the form on our website, send an email, or give us a call. Our marijuana lawyers will gladly assist you with any issues you face.

How to Start a Marijuana Business in Michigan

Michigan is a state that now permits certain kinds of marijuana services to operate and sell to clients. This includes both medical and recreational marijuana/cannabis centers, opening a whole world of opportunities for organisations to benefit and begin selling the drug lawfully to a possibly really large audience. If you have an interest in starting a marijuana organisation in Michigan, here’s how you’ll require to do it.

Understand Licensing

First off, you’re going to require to make sure that you comprehend the licensing and laws surrounding services cultivating and offering marijuana. There are lots of regulations in place that you’ll need to follow.

As this was something that was extremely prohibited till just recently, it makes good sense that the licensing and regulations are strong. End up being acquainted with them all as soon as possible, and you can then later work on acquiring them from the pertinent authorities.

Develop business’s Structure

Business’s structure you put in place will determine how you move forward as a company and how safe your service becomes. You want to make certain that your company is built on safe structures, which all starts with the structure you put in place. There are lots of corporate structures that you can select in between, so you should examine them all and consider which will suit your company next.

Complete a Service Strategy

Just like with any other business, you’ll require a company strategy that you can follow and that can assist you in the months and years ahead. Completing this business strategy will not only assist you to make your company effective and profitable, but it can also assist you when it comes to getting those licenses you require too. It’s about showing your organisation is being integrated in an accountable method.

Discover a Location

It makes sense to set up a place from which you can operate. This might be a headquarters for business if you’re concentrating on growing or it could be a place from which to sell marijuana to the general public. Whichever it is, having a place is an important part of the procedure as you work on getting your company off the ground for the first time. It needs to be a spot that makes offering to individuals simpler and easier for everyone.

Set Up Your Supply Chain

There’s constantly some sort of supply chain in place when you’re operating in this market, and you will require to construct yours up and find the best providers and other contacts that will assist your organisation to operate in the method you want it to. A strong and reliable supply chain will keep things running efficiently as you begin and attempt to grow your business.

Starting a cannabis organisation in Michigan could be the opportunity that you have actually been searching for. Numerous entrepreneurs are taking advantage of this opening and making a great deal of cash out of it. If you wish to step into the marijuana/cannabis sector, be sure to move through the actions noted above.

michigan marijuana

Many Michigan Communities Planning to Ban Commercial Recreational Marijuana Facilities

It has emerged that some communities within Michigan are trying to ban commercial cannabis facilities concentrated on supplying the drug for recreational abuse within the borders of their neighborhoods. This news comes within weeks of the state of Michigan authorizing laws that would permit marijuana to be cultivated and sold recreationally.

The law is due to go into effect in December, so those neighborhoods will need to act quickly if they wish to utilize their opt-out to block the sale of recreational cannabis in their location. So how can these neighborhoods select to opt out of a law like this? The current opt-out system implies that if they wish to avoid the sale of recreational marijuana, they need to pass an ordinance or encourage citizens to authorize a ballot saying that the neighborhood does not want to take part.

The treatments surrounding such ballots and when they need to occur or when they can take place is really dirty to say the least. Some think that they can’t take place up until the next general election in 2020, however neighborhoods opposing the law aren’t pleased with that delay. It remains to be seen how this plays out as parties on each side make their case.

Potential Restrictions

If a community does manage to pass a local ordinance, there is a range of outcomes of that process. Naturally, as mentioned above, it’s possible that it will lead to these type of services being prohibited and commercial marijuana sales being stopped. Nevertheless, that’s not the only potential result of the local ordinance. It’s likewise possible that rather than banning the sale of marijuana, it’s rather restricting in particular ways that are not unreasonably unwise which don’t obstruct the law itself. This can suggest a host of various things in practice.

For example, one restriction may involve cannabis organisations operating in the city needing to acquire a local license prior to they can start trading, on top of the state license they already have. How businesses market or install signs might also be restricted, and the variety of hours they’re enabled to open for might also be topped. There might likewise be charges and administrative expenses levied against business. All of these conversations need to be had once a local ordinance is passed in the community.

The Towns Seeking To Opt Out & Why They’re Doing So

Monroe was amongst the neighborhoods to first act and voice its opposition to the new cannabis laws. However, the community has stated that they’re only opting out till they have more information, suggesting they have not eliminated on participating in this brand-new market at some point in the future. This underlines how unsure some communities are of the law, even if their opposition isn’t completely based in the facts just yet. The best understanding and more details could be enough to persuade them to get involved moving forward.

The story is comparable in Pinckney, where the local lawyer said that it’s best for the neighborhood to opt out now early in the process and keep the right to decide back in later if the community wished to do so. Troy is another community trying to pass a local ordinance in order to opt out of the recreational cannabis industry in the meantime. In Jackson, views are really divided. A vote on a proposal that would have enabled medical and recreational cannabis to be offered in the community came down to a split vote and failed. There’s not a lot of consensus on this issue in many neighborhoods.

Triggering Increased Costs?

There are some communities and residents that are fretted about a boost to public spending that might have to occur as a result of recreational cannabis sales being legislated in their neighborhoods. In Northville Township, the Public Safety Director is evaluating the capacity for public safety costs to increase. It’s thought that safety spending will increase, and it’s being asked whether the increased tax earnings from the legalization of cannabis sales will cover that rise or not.

There is certainly going to be an advantage to local communities in regards to tax revenues since 15% of the tax collected from cannabis sales can go directly to the neighborhoods in which those marijuana facilities are located, so it has the potential to raise a great deal of cash for each area affected. If it’s discovered that this income goes beyond other costs needs associating with the legalization, communities will be a lot more willing to push ahead with embracing the market.

As Cannabis Industry Grows, So Do the M & A Numbers

Growing Cannabis
No, this isn’t technical article about just how to better grow cannabisor brand-new hydro system. The cannabis industry is proliferatingWith legalization in Canada taking full effect on October 15, 2018, and also much more cannabis legalization measures on ballots throughout the United Statesthe stigma on the industry is diminishingand the industry is growing. look at the stock prices for Tilray, Canopy, Aurora as well as others on the Canadian Stock Markets can inform you all you need to recognize these days concerning the development and trajectory of the industry.

Mergers Acquisitions
Obviouslyas the industry grows, larger players in the cannabis market, as well as outsiders, will certainly be coming in to obtain companies throughout the cannabis industryIn recent days, Constellation Brands (the parent Company of Corona and Modelo Beers), acquired section of Canopy for 5.4 Billion Dollars. Cigarette manufacturers are seeking possible partners in various markets throughout the USA for acquisition. Neverthelessthere are additionally internal industry mergers happening alsoToday it was introduced that MedMen has bought PharmaCann for $682 Million dollars in an all stock bargain(https://mjbizdaily.com/medmen-inks-blockbuster-682-million-stock-deal-to-acquire- medical-cannabis-firm-pharmacann/) PharmaCann was substantial player on the marketpossessing provisioning centers, processing facilities and grows in multiple States, including Michigan. To date, this is the biggest inside the industry merger as well as acquisition deal yet. Anticipate this to continue at fast pace as even more States legalize medical as well as recreational cannabis.

Day-to-day Effect
For the single location provisioning center, this information might not look like much of anything. Neverthelesseveryone must focusAs these mergers and also acquisitions proceedthe effect will certainly trickle to the smaller sizedsolitary State or single location players. The key to long-term survival and also making sure the best possibility of profiting from future merger or acquisition possibilityenter into vertical integration chain.

To do that, you need to have the best connections and also industry know how to link up with processors, growers, labs and also transporters that can work togetherwith contractual guarantees as well as obligations. If that interests you, we can aidGive our office call
as well as set up meeting to go over all of your options.

michigan marijuana

Property and Asset Division in Divorce Cases

In every divorce case, no matter the circumstance of the parties, there will be a division of assets. Many individuals believe this is a basic “split the baby” determination. Nevertheless, that is not constantly the case. For checking account and joint debts, you might be able to do that. Nevertheless, when it pertains to retirement accounts, real estate, and service payments, the formula is not that basic. Each of these categories has its own distinct set of issues, and you will absolutely require an attorney to help you piece this together.

Retirement Accounts and Pensions

In cases where separating parties have retirement accounts or pensions, those assets are subject to division as part of the divorce as they are considered marital property. Nevertheless, pension and retirement accounts are considered and divided in a different way, and there are methods to make sure that you are getting present day, actualized worth for your granted portion. Determining what the “marital portion” of those accounts can frequently be the very first problem. Where the entirety of the value in the accounts has been earned completely throughout the marriage, the problem is basic. Where the asset existed prior to the marital relationship, but cash was placed into or made by the account during the marriage, determining what makes up the “marital part” can become really complicated. A lawyer will assist to make the very best arguments about what makes up “marital assets” in the account, and will also know the proper experts to consult and evaluate the accounts to help make that determination. In most cases, having a specialist carry out an account assessment to identify exactly what amount of cash is marital, can guarantee that you receive the optimum quantity.

First, you need to know the difference in between what are called “defined contribution plans,” typically called 401ks, Individual retirement accounts, CMAs, 457b, and 403b strategies, and “specified advantage strategies” which are pensions. With specified contributions, today worth of the account is the “actualized” worth. The problem that occurs is identifying the quantity of that worth that accrued throughout the marriage, if the account was in existence prior to the time of the marital relationship, and if the account existed prior to the marital relationship, is it marital property at all, or does it satisfy the requirements for being thought about “different property.” Again, if you have that situation, you must speak to an attorney about these issues.

With defined contribution plans, an expert can determine the worth of the marital and non-marital parts and provide an opinion on the marital part’s worth that undergoes division. With defined benefit plans, or pensions, things can become much more complex. In numerous divorces, the primary payee of the pension has actually not retired, and will not retire for a long time. As a result, you can not merely identify today worth of the strategy. A specialist is needed to figure out the actualized worth of the account at the time the primary payee will get the advantage, and just how much of that value will be awarded to the alternate payee. Any boost in the worth of the specified benefit strategy after the date the divorce judgment can be segregated and not consisted of in the future contributions to the strategy. This is usually done by entry of a Qualified Domestic Relations Order, commonly called a QDRO or EDRO.

In either event, you will wish to work with an attorney who can encourage you, and who can put you in touch with the appropriate professionals to correctly carry out such appraisals. Specialist viewpoints are considered very favorably by most Courts in the family law arena, especially when it comes to account and property valuations. The expense of funds to make these determinations is frequently worth the expenditure, for a number of factors, not the least of which is to guarantee that, if your opposing partner works with a professional, and if they are the party with more assets they likely will, you aren’t the party on the outside searching in.

Real Property Assessments

Another location where people typically make mistakes are with the sale of real property. Whether you only have your marital home, or you own multiple houses or industrial properties, there are too many people who just take what they paid for the property, minus any liabilities on the property, and decide to use that as the existing worth of the property. That mistake can cost you a substantial amount of cash. A lot of great divorce attorneys will tell you that you must not make a decision about the worth of any real estate that becomes part of the marital estate without taking specific actions. Among those would be to get an appraisal of the property. Good family law lawyers will know a number of appraisers and their preferences about property assessments. Depending upon whether you want the property to be valued high, or low, you will want to go over the appraisal of the property with a lawyer prior to deciding.

You may find that the value of the home from ten years ago when it was purchased has actually substantially increased. If your opposing spouse wishes to keep the house, understanding about that substantial increase can net you a significant increase in your equity buyout. If your home is to be sold, an increase in the worth will result in your getting a bigger share upon sale. In some scenarios, divorcing parties own several houses. In those case, understanding the present values of your houses can help make better choices about offering or keeping some or all of those properties as part of the settlement. In those cases, appraisals and appraisal reports documenting the basis of that appraised worth can be substantial.

The very same can be true, and in some cases more so, if the parties own a business building, or a rental property. Oftentimes, industrial property appraisals lead to significant valuations. In many cases, commercial properties can be worth large sums more than home. In a case we litigated recently, the one-sixth valuation of marital interest in an industrial property deserved more than the one-half value received from the sale of the marital house. Having a commercial appraisal done on the property is very important, and your lawyer can counsel you on how to have one done and on who your finest alternative to utilize for that service might be, given your individual truths and circumstances. Business appraisal reports are generally lengthy, detailing the basis for the appraisers identified worth. In the event of lawsuits, having that report together with the expert’s testament can supply a strong basis upon which the Court may rely in making a decision on value. In both situations, it is very important to have a lawyer who can assist you determine the best prepare for protecting your interests and maximizing the value you can get as a result of your property split.

Company Assessments

Numerous divorce litigants do not know that the other partner’s service is actually, oftentimes, a marital asset, to which they are entitled to get one half of the worth. Whether it is a dining establishment, medical practice, law firm, or accounting group, oftentimes, the business may be a marital asset that goes through division. While the parties might merely agree on a value to put on the business, doing so usually results in a substantial loss to among the parties in the property split. In these situations in particular, you will require the help of a lawyer, who can help discover a professional to properly review the business, its assets, its debts, profit and loss statements, tax return filings, expenditures and correctly reach a conclusion about the worth of business.

Having an expert and an attorney to do the essential work to discover a proper value on business is of the utmost significance. In most cases, business itself can be the most considerable asset in a divorce matter, and typically parties don’t even think about the business as a marital asset. Do not make that error. If either party has a service, whether it is you or the other partner, you are most in need of a lawyer to offer you correct guidance, to try and guarantee that you are not cheated out of your share of marital assets.

Divorce and Family Law Mediation: What is It as well as Current Changes

In family law cases, as well as in other civil matters in general, the Courts normally call for the parties to try and also work out their differences without needing to go to trial. The Courts utilize a number of different methods to try and also resolve the disagreements between parties, without the need for Court intervention. Those different techniques are universally referred to as Alternative Dispute Resolution. The methods utilized are commonly described as facilitation, mediation and arbitration. Whether you have a divorce, child custody case, child support, spousal support or various other family law issue, chances are good you will be ordered to participate in alternative dispute resolution by your Court.

What is facilitation/mediation?: The process of facilitation/mediation is rather simple to discuss, but is complex in nature. At an arbitration, the parties meet informally with an attorney or court assigned conciliator, and attempt to work out a resolution with the aid or facilitation of a neutral moderator. As a basic rule, lawyers and parties are motivated to send summaries of what they are searching for a as an outcome to the mediation, but that is not a requirement. Some arbitrators have all the parties sit with each other in one space. Other conciliators have the parties sit in different spaces and the mediator goes back and forth between them, providing positions and discussing a settlement. Some arbitrations require added sessions and can not be finished in one effort. When arbitration succeeds, the mediator needs to either make a recording of the arrangement with the parties, after which the parties have to recognize that they are in agreement and that they recognized the arrangement and have actually consented to the terms, or, the conciliator must put together a writing of the arrangement, having all of the terms and conditions of the settlement, which the parties need to sign.

What is arbitration?: The process of arbitration resembles mediation, yet there are some distinctions. First, at arbitration, the dispute resolution expert designated to settle the matter has to be a lawyer. Second, the parties have to specifically consent to use of the arbitration process and the parties have to acknowledge on the record that they have established they wish to engage in the binding arbitration process. Third, unlike mediation, the parties or attorneys are required to submit written recaps to the arbitrator making their arguments about what a reasonable result would certainly be for the case. The entire arbitration proceeding is usually recorded on either a tape recording or by a stenographer. The parties are permitted to have witnesses and also specialists really testify at the arbitration, which is nearly never carried out in mediation. In many cases, after the evidence and also debates are made on the record, the arbitrator will permit the lawyers or the parties to submit a last or closing argument in writing, summing up the positions of the parties as well as their interpretation of the evidence. When that is done, the arbitrator issues a written binding arbitration award, which must fix every one of the pending concerns raised by the parties, or which need to be legally disposed. The parties need to either adopt the award, or challenge the award. Nevertheless, there are minimal grounds whereupon to modify or vacate a binding arbitration award, and also there is really limited case law in the family law context interpreting those guidelines. Put simply, appealing an arbitration award, and winning, is a long odds at best. Once the award is issued, it is usually final.

New Case law Makes Modifications: On January 23, 2018, the Michigan Court of Appeals established that, where the parties have entered into a written mediation agreement that fixes all problems, the Court may embrace that written mediation contract right into a judgment of divorce, even where one of the parties states that, seemingly, they have actually changed their mind after the mediation. In Rettig v. Rettig, the Court made precisely that determination. While the trial courts have done this in the past, the Court of Appeals had never expressly supported the practice. Currently they have. The functional outcome: see to it that you are certain that you remain in agreement with the mediated settlement that you have participated in. Otherwise, there is a chance the Court may just include the written memorandum right into a final judgment, and also you’ll be required to follow it.


Drunk Driving Attorney Hammonton NJ

Welcome To Garden State DUI

Here are a few Frequently Asked Questions About DUI or Driving While Intoxicated (DWI) in New Jersey

A DWI or DUI conviction is a serious offense and could cost you thousands of dollars, tarnish your driving record forever, and even lead to jail time. After you or a loved one has been arrested, you probably have a lot of questions about what happens next. Andrew Carroll, Garden State DUI attorney is here to address all your concerns.

Legal Steps to when pulled over for DUI:

Be respectful to the officer of the law; be courteous and avoid arguments with the officer.

Do not give consent to police officer for carrying out any vehicle search. A police officer needs a search warrant in order to search your vehicle.

What Does DWI/DUI Mean in New Jersey?

If you are driving a vehicle and a police officer suspects you of driving under the influence of alcohol or drugs (whether prescription, Over The Counter or illegal) you may be asked to perform field sobriety tests during the traffic stop and/or asked to take a Breathalyzer test. If the breath test shows your Blood Alcohol Concentration (BAC) is 0.08 percent or more, you can be charged with DWI. In New Jersey, there is no difference between DWI and DUI.

What If My BAC Is Less Than 0.08 Percent?

Police throughout New Jersey can charge you with DWI if you consumed any amount of alcohol that impairs your driving. And, if you are under age 21, you will be charged if you drive with any alcohol in your system at all—even as little as 0.01 percent. New Jersey has a zero tolerance policy for underage drivers regarding DWI.

What If I Was High, But Not Drunk?

You can be charged with DWI for driving under the influence of illegal drugs. You might even be arrested on suspicion of DWI if you were taking a legal drug with a valid prescription. A violation is treated the same as driving with a BAC of 0.10 percent. Even though an Alcotest may show there is no alcohol in your system, the police will likely request a urine or blood sample to test for drugs. You have the right to refuse these tests. If you do refuse, the police must get a warrant to conduct the blood test.

What Are the Penalties for a First DWI Conviction in New Jersey?

If your BAC was 0.08 percent or higher, but less than 0.10 percent, the drunk driving penalties for a first offense are:

– $250 to $400 fine

– Imprisonment for up to 30 days

– Drivers’ license suspension for three months

– Attendance at an Intoxicated Driver Resource Center (IDRC) for at least six hours a day for two consecutive days

– $1,000 per year automobile insurance surcharge, for three years

If your BAC was 0.10 percent or higher, or if your driving was impaired by drugs, two of the penalties increase:

– The fine increases to $300 to $500

– You may lose your driver’s license suspension for between seven and 12 months

– If your BAC was 0.15 percent or higher, the judge can also order an ignition interlock device installed on your car for up to three years after your license is restored. The device costs $75 to $100 per month, plus installation fee.

What Are the Penalties for a Second New Jersey DWI Conviction?

– $500 to $1,000 fine

– Imprisonment for up to 90 days

– Suspension of your driver’s license for two years

– Detainment for 48 hours in an IDRC

– A $1,000 per year automobile insurance surcharge, for three years

– Installation of an ignition interlock device for up to three years after your license is restored

Can I Refuse a Field Sobriety Test in New Jersey?

Yes, you can refuse a field sobriety test in New Jersey. However, if you choose to refuse the tests, the officers are likely going to arrest you and charge you with suspected DWI.

We have been providing expert legal advice to clients across New Jersey and Pennsylvania.  If you or a family member are being charged or accused with DUI in New Jersey or Pennsylvania, we can help you in various defense strategies regarding your freedom and serious legal consequences. Do NOT try and defend yourself in court. 

Call Andrew Carroll, Garden State DUI 24/7.  We represent clients for DUI and DWI as well as traffic violations in New Jersey and PA, (609) 400-1302.

Garden State DUI

427 N Packard St, Suite 1B

Hammonton, NJ 08037

(609) 400-1302









DUI Lawyer Hammonton NJ

thomas b olson attorney

Tom Olson has been in practice for more than 30 years
working primarily in the area of litigation relating to real estate,
construction, estate, and other business and commercial disputes. Olson
often serves as a mediator and arbitrator of real estate based
litigation. His litigation and mediation experience includes litigation
over leases, specific performance and termination of real estate
contracts; survey disputes; litigated foreclosure actions; mortgage
reformations; actions to reform real estate agreements; partition
actions dividing multiple party interests; adverse possession, boundary
by practical location and easement actions; Deed authenticity and
authorization, mechanic’s lien foreclosure and priority disputes;
general construction, subcontractor and supplier litigation;
construction bond claims; litigation over Options and Rights of First
Refusal; land title registration and proceedings subsequent to land
registration; closing agent liability; title agent errors and omissions;
mortgage priority disputes among lenders; surveyor liability. Mr. Olson
regularly represents several national title insurers and frequently
represents insureds by appointment of the insurer. He has also litigated
coverage issues and damage matters. Olson has also litigated and
mediated miscellaneous commercial and business disputes. Olson has
litigated many Will contests for proponents and opponents of Wills and
Trusts; for fiduciaries and interested parties. He has successfully
argued appeals in State and Federal Eighth Circuit Court of Appeals.
Olson has presented at seminars for lawyers, surveyors and title
insurers on various real estate matters. Mr. Olson is a Senior Civil
Trial Specialist, certified by the Minnesota State Bar Association and
has been selected to the Minnesota Super Lawyers list for over 10 years.
He is licensed to practice before the Minnesota State and Federal court