FAQ

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Cannabis Law

Any applicant can apply for a safety compliance facility license.

 

Rules 2 through Rule 6 in the Marijuana Licenses Rule Set (R 420.2 through R 420.6) detail the application requirements, qualifications, and ineligibility for state licensure. Rule 12 in the Marijuana Licenses Rule Set (420.12) outlines reasons for the denial of a state license.

Yes, convicted felons can apply for a license and/or be supplemental applicants for a license. Per the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the only immediate disqualifying conviction is one involving the distribution of a controlled substance to a minor.

No. The marijuana establishment must be at a fixed location. Mobile marijuana establishments and drive through operations are prohibited. Any sales or transfers of marijuana product by internet or mail order, consignment, or at wholesale are prohibited.

A person that allows consumption of marijuana products on the premises of a nonresidential location and charges a fee for entry, sells goods or services while individuals are consuming on the premises, or requires membership for entry shall acquire a designated consumption establishment or temporary marijuana event license.

 

If the activity of the proposed club falls under this description, then the establishment would require a state license for a designated consumption establishment before operating

No, a marijuana license is non-transferrable. However, if a licensee would like a new entity to operate the licensed marijuana business, the new entity will need to file an Asset Purchase Amendment. 

Family Law

An attorney while getting divorced is not always necessary but is greatly recommended. If you and your spouse mutually agree to the divorce and all of its conditions, you can file for an uncontested divorce, in which case an attorney would not be required. However, it is highly advised to hire an attorney to look over your agreements to avoid any legal complications that could arise later on. An attorney can help make sure that all your legal rights are met, your paperwork has been properly filed and processed, and that you have received a fair outcome.

If you and your spouse mutually agree on the divorce and all the conditions within it, then it can be finalized in around 4 – 6 months. However, in general, the process may take much longer – even taking up to 3 years. The timeline mostly depends on whether you can agree on certain details such as financial settlements, child custody, division of assets, etc. The timeline can also vary depending on if it is an uncontested divorce or a contested divorce, and if your spouse agrees to the divorce.

There are two choices as to who determines how the assets are divided in a divorce. Either the couple works together to determine the division of assets, or each person hires an attorney to negotiate the division on their behalf in court. 

 

Additionally, three main factors come into play when making this decision: the type of divorce (uncontested vs contested), what kind of property you own (separate property or community property), and the state in which you currently live (a state that follows the community property system or a state that follows the equitable distribution system).

Depending on the state you reside in, the laws regarding child custody may vary. Nevertheless, the main factor all courts consider while making this decision is, what is the best interests of the child. In other words, all custody decisions are made with the intention of protecting the child’s mental health, emotional development, happiness, and security.

 

In making this decision, courts will focus on who the primary caretaker is (who bathes and grooms the child, cooks the meals, teaches basic skills, has a stronger emotional bond with the child, and so on). 

 

In addition, the court will focus on the physical and mental health of each parent, if the child has any special needs, indications of alcohol or drug abuse, the child’s own request (if they are old enough to do so), and more.

No, a separation agreement is not always required while getting divorced. If you do not have children or any property or assets issues, then it is not necessarily needed. However, it may help facilitate the process down the line. We do advise you to get a family attorney’s opinion on whether they believe it is desired in your case or not.

Criminal Law

In short, if you are facing any charges that may lead to jail or a prison sentence, a criminal defense attorney should be hired.

 

If you, for example, have a parking ticket or a seatbelt ticket, then a criminal defense attorney is not required. On the other hand, if you have a case ranging from domestic violence, violent crimes, drug crimes, driving under the influence (DUI), theft, and so on, you should directly hire a criminal defense attorney.

The justice system is made up of humans and with that concept comes the idea of flaws. To protect your rights and freedom while being accused of a crime, especially one you did not commit, you must hire a skilled criminal defense attorney.

 

The attorney you hire will know the laws and will use them to investigate, gather evidence, and take witness statements to strengthen your case. The criminal defense attorney’s role is to trust your innocence, create a compelling case, and argue on your behalf in court against your accusers.

 

Remember, regardless of whether you are innocent or not, a district attorney’s main goal is to get convictions, your criminal defense attorney will help you fight back against that.

A misdemeanor is a criminal act that is not as serious as a felony.

 

Although laws vary from state to state, a misdemeanor typically includes acts such as petty theft, public drunkenness, traffic violations, disturbing the peace, and simple assault and battery. Misdemeanors are usually tried in local municipalities or justice courts and punishable through fines or short jail time.

Felonies are considered the most serious case of a criminal offense. They are crimes that are punishable by imprisonment for more than one year, and the sentences are served in a federal or state penitentiary.

 

Some examples of felonies are murder, rape, arson, grand theft, selling, distributing, or trafficking drugs, human trafficking, murder, robbery, embezzlement, and tax evasion.

If you have been placed under arrest it is vital to be quiet, remain civil, and follow the police officer’s instructions. After you have done that, directly tell the police officer that you would like to remain silent and want to speak with your attorney. This is completely legal, greatly advised, and helps avoid any serious potential problems.

Contract Law

A contract is a legally binding agreement between groups, people, or businesses. It shapes and administers the rights and responsibilities between those involved in the contract and is enforceable by law.

The six essential elements required to construct a legally enforceable contract are:

  1. An offer
  2. Acceptance of the offer
  3. Awareness – Making sure both parties understand that this is a mutual agreement and they both must be active participants. Also making sure they are aware that this contract is valid and must agree to follow its obligations.
  4. Consideration – Considering the value of the subject they are agreeing on, regardless of whether it is an action or an item.
  5. Competency and capacity – Making sure that each induvial involved in signing the contract clearly understands what they are signing and the consequences and obligations of doing so.
  6. Legality

When an individual or party fails to meet their contractual obligations, a breach of contract occurs. A breach of contract can lead to serious legal punishments, including a lawsuit. A breach of contract can occur when either the entire contract or part of the contract is unfulfilled, or if someone interferes with a party’s capability to complete their contractual obligations.

A contract is largely governed by two types of state law, varying based on the subject of the contract:

 

  1. Common law: A traditional set of laws that are created by judges based on multiple court experiences throughout time. It is the most commonly used law in most states when referring to contract validity.
  2. The Uniform Commercial Code: A set of laws that regulates contracts set in the financial and transactional sectors. These laws do not follow the common law, instead, they are controlled by the UCC.

Finally, private law can also be used to govern a contract. It typically includes the terms and agreements between the parties involved in the contract and may even override some of the rules established by state law.

The words “contract” and “agreement” are typically believed to be the same thing, however that is not necessarily true. A contract is considered an agreement, but not every agreement is considered a contract.

 

An agreement can be made informally or in written text. It highlights a mutual comprehension concerning the rights and obligations of each party in relation to a business arrangement.

 

A contract, on the other hand, is a legally binding document that contains mutually approved obligations for each party to fulfil. If it meets all the legal requirements, it will be enforceable in court.

Property Law

In certain states hiring an attorney while buying a house is a requirement. In other cases, hiring an attorney may not be necessary, however, there are many benefits of doing so. An attorney can help you by reviewing the purchase contract terms and making sure it is reasonable. They can also help draft contracts, review home inspection documents, examine disclosures, negotiate on your behalf for a better and fairer deal, provide you with professional advice during the process of buying the house, and help you avoid any legal complications that may occur later on.

A deed is a signed legal document that transfers the legal ownership of an asset from one person or company to another. An attorney’s role in helping clients obtain a deed is by filing a legal document with the local government to ensure the asset has been properly transferred.

Many situations may result in real estate litigation, including breach of contract, failure to disclose property defects, negligence or breach of duty, specific performance failure, boundary dispute, and more.

You may be able to stop the foreclosure process, as long as your house has not been scheduled for auction. There are a few ways to do so, including a loan modification, filing for bankruptcy, reinstating your loan, joining a repayment plan, or setting a forbearance agreement with your lender or mortgage servicer. In all cases, contacting an attorney for their professional help is a clever and safe option.

The most commonly known reasons most people get evicted from their homes include not properly paying rent and the expiration of the lease. Nevertheless, many other reasons may lead to eviction such as unauthorized pets, property damage, illegal or anti-social or drug-related activity, breach of the lease, or unapproved tenancy.

Appeals

Our appellate attorneys at Birka Law PLLC are very experienced and well-informed about the law. They handle appeals relating to trial-level appeals and court of appeals. Our attorneys are ready to help you clarify a legal situation that may have occurred or correct a legal error.

A civil appeal is a process in which a request to review an individual’s losing case due to errors made during the trial – either procedurally or in the judge’s understanding of the law – is filed.

 

This practice allows those that believe that the court’s verdict was not fair, to have a second chance by getting their case reconsidered by a higher court.

 

It is important to note that this does not mean that the court will definitely change its verdict if the civil appeal is approved and the trial goes under reexamination.

Although you do have the right to appeal, it is important to know when to request one. You will not win an appeal unless you have the grounds for it, meaning you have a good reason as to why you are filing for an appeal.

 

A successful appeal proves that the court has made one or more major mistakes during the trial, the court did not appropriately follow the law, or if they incorrectly instructed the jury during the trial.

No, an appeal does not mean that you will receive a new trial. You will not be able to provide new evidence nor will you be able to ask for a new jury. An appeal only provides you with the opportunity to have the court reexamine the record of your case to locate any errors that may have transpired during your trial.

The time to file for an appeal varies depending on the type of case you have and the policy applicable to your court’s jurisdiction. For example, in a federal criminal appeal, you only have 14 days to file an appeal. If you do not file your appeal before a specific amount of time after your trial, then you may completely lose your right to appeal your case.

Business Law

Business law is the field of law that focuses on the legalities of opening and running your business within the regulations of the law. Attorneys within this field of law can help guide you through the administrative regulations needed and the state and federal laws concerning your business. In addition, business law deals with compliance regulations, establishing entities, constructing business plans, real estate, drafting and reviewing contracts, and so forth.

Yes, Business law does cover online work.

There are typically five common business entity choices to choose from:

  • Sole proprietorship – when only one person acts as the owner and employee of the business.
  • Partnership – when more than one person is the owner of the business. Mostly used when you form a business with a partner.
  • Limited liability company (LLC) – incorporates advantages of sole proprietorships and partnerships, but it also includes the liability security of corporations.
  • S-corporation – a business that contains advantages of LLC businesses and those of corporations.
  • C-corporation – a business structure that taxes the owners separately from the business itself.

A buy-sell agreement is important, especially for co-owned businesses. This agreement helps protect the business owners in many ways. If a co-owner wants to leave the company, retire, sell their shares, etc…, this agreement acts as a predetermined agreement. A buy-sell agreement helps protect everyone’s interests due to the already set value and conditions for a buyout.

A fictitious business name is a business name that does not include the surname of the owner or of each owner nor what type of business it is. This essentially helps the public easily understand what the business does and who owns this company.

 

For example, “Zuckerberg & Bezos Sons” would be considered a fictitious business name as it does not mention the other owners of the business, instead, it only says “sons”.

 

However, if it were, “Jessica Smith’s Nail Salon” then the business would not require a fictitious business name as the owner and the nature of the business are clearly indicated in the name.

Tort Law

In simple terms, a tort is a civil wrongdoing that occurs when an individual unethically causes harm or suffering to another individual. It gives rise to injury or harm – both physically and mentally. The individual that has participated in certain behavior that is labeled as tort, will be considered liable for this action by the courts.

There are many examples of torts such as trespassing, invasion of privacy, negligence, assault and battery, monetary loss, physical injuries, purposely imposing emotional pain on someone, nuisance, defamation, and so many more.

A tort is an action that occurs when an individual is directly causing harm to another individual, property, or even injury towards themselves.

 

A crime is a more serious action that is considered an overall wrongdoing towards society as a whole, rather than only one specific individual.

In most cases, the value of property damage is determined by the cost of repair or replacement, the loss of use, interest, and loss of profit. Hiring an attorney is very helpful in these situations as they can help you get a fair and reasonable price for the damage of your property.

A business tort is a civil wrong that causes harm to the economic welfare and development of a business. This type of tort includes conspiracy, provoking a breach of contract, deceit, intimidation, and unlawful interference with financial relations.

**The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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