Felonies are defined as those offenses which carry a maximum period of jail greater than 1 year. Burhans Law Office can represent you in all the courts of the State of Michigan as well as the United States District Court. We have also represented persons accused of crimes in other States.

In the State of Michigan, a person accused of a crime is typically arrested and brought before a District Judge for arraignment, where the Judge reads the Defendant his rights and sets a bond. The matter is then set for a preliminary examination where the Prosecutor must produce a sufficient amount of evidence to bind over the accused for trial. Potential clients are advised to call this office as soon as possible to preserve your rights before talking to the Police, Court, or anyone else who might use your statement against you later on in Court. After the matter is bound over for trial, the case is tried by a jury to verdict, unless the matter is successfully resolved before a trial. Legal fees for representation persons accused of felonies are based upon the complexity of the case and the amount of time involved. Once retained, I can visit the Client in jail if need be or schedule an appointment at my office if you are on bond.

Misdemeanors are criminal offenses, the maximum penalty for which is 1 year or less in jail. Burhans Law Office can represent you in all the courts of the State of Michigan as well as the United States District Court for the State of Michigan. We have also represented persons accused of crimes in other States.

In the State of Michigan, the person accused of a crime is typically arrested and brought before a District Judge for arraignment, where the Judge reads the Defendant his rights and sets a bond. The matter is then set for a preliminary examination where the Prosecutor must produce a sufficient amount of evidence to bind over the accused for trial. Potential clients are advised to call this office as soon as possible to preserve your rights before talking to the Police, Court, or anyone else who might use your statement against you later on in Court. After the matter is bound over for trial, the case is tried by a jury to verdict, unless the matter is successfully resolved before a trial. Legal fees for representation of persons accused of misdemeanors are based upon the complexity of the case and the amount of time involved. Once retained, I can visit the Client in jail if need be or schedule an appointment at my office if you are on bond.

Are you concerned about a past misdemeanor or felony conviction showing up on your record when you apply for a job? Michigan law provides that persons convicted and sentenced to a crime are eligible to have the conviction set aside and dismissed five years after the sentence or the end of the incarceration, which ever occurs last. The law provides for a procedure to be fingerprinted, fill out an application and appear before the Court for a hearing to determine whether it is in the public welfare of the State of Michigan to have the conviction dismissed after that period of time. The Court looks at the conduct of the Defendant from the date of the sentence to the time that application is filed to make that determination.

The State of Michigan has many statutes on the books that deal with criminal sexual conduct, ranging from criminal sexual conduct in the fourth degree (involving sexual contact) to criminal sexual conduct in the first degree involving sexual penetration. If you or the person that you are trying to help is charged with a criminal sexual conduct offence, it is necessary to obtain the lawyer of your choice as rapidly as possible in order to access the facts and evaluate the evidence as soon as possible.

The State of Michigan has various laws pertaining to homicide, including first degree murder, second degree murder, manslaughter, and negligent homicide. The penalties range from 5 years in prison to life in prison without parole. Michigan doe not have the death penalty. Common defenses to the charge of homicide include self defense, accident, or justifiable homicide. As with all other offenses, it is essential that the person accused of a homicide obtain the services of the lawyer of his choice as rapidly as possible in order to protect his rights after the charge is made.

The State of Michigan and the United States government have many statutes outlawing the use, possession, delivery or manufacture of controlled substances. Both Michigan and the Federal Laws treat persons accused of drug-related offenses through various programs and penalties. For those eligible, Berrien County has a drug court that allows for diversion into a program that is an alternative to jail. Also, Michigan provides for deferred sentencing on cases involving use or possession of marijuana and/or cocaine that permits the case to be dismissed upon successful completion of a term of probation after conviction but before sentencing. Call our office to determine whether you qualify for one of these alternatives to incarceration.

If you do not qualify for one of the above programs, we will research the facts of your case to determine if there was an improper search and seizure of the drugs in question or any improper acts on the part of the Police in causing an arrest to be made.

Michigan outlaws the crime of assault, which can take many different forms. These include simple assault (a misdemeanor), assault with a dangerous weapon, assault with intent to commit great bodily harm less than murder, attempted murder, assault with intent to commit murder, and others (all felonies). In these cases, a common question to be determined is whether or not an assault occurred, and whether it was actually self defense or done in the defense of another person. Because the statements of witnesses are essential in determining the validity of the charge of assault, it is important to consult with the attorney of your choice as rapidly as possible so as to discover and preserve any evidence pertaining to the charge for the defense.

We represents drivers who are accused of operating under the influence of intoxicating liquor ( 0.10% blood alcohol content or higher), impaired driving (0.07% blood alcohol content but less than or equal to 0.10% blood alcohol content), or operating under the influence of a controlled substance. In recent years, the State of Michigan has taken a tougher approach to individuals who are accused of driving in an intoxicated state. Penalties may include community service, jail time, and or a restriction on one’s driving privileges. Our fees are competitive and based upon the prior driving record of the individual and whether or not a trial is appropriate under the facts and circumstances of your case.

We represent drivers attempting to get their licenses restored after being revoked. We represent persons who have lost their license in the Drivers License Appeal Division before the Michigan Secretary of State. We also represent drivers in the district and circuit courts, as appropriate, to get their license back.

Federal and State law prohibits discrimination in hiring, firing, and conditions of employment on the basis of age, sex, disability, race, religion, or national origin. In addition, Michigan prohibits discrimination on the basis of weight and marital status. Other labor laws prohibit discrimination against those who report violations or suspected violations of law to their superiors or a government agency (see link under 'Whistleblower Claims'). Remedies can include reinstatement, back pay, future pay losses, emotional distress and lost fringe benefits.

Employees who have a serious medical condition can take up to 12 weeks of unpaid leave during a calendar year. The law applies to those businesses that employ at least 50 persons. It covers those workers who have worked at least 1,040 hours in the prior year. Those who take a leave are generally entitled to reinstatement to their job unless there was a genuine reduction in force. Employees who take a family medical leave may not be discriminated against for taking the leave.

Federal and State law prohibits discrimination in hiring, firing, and conditions of employment on the basis of age, sex, disability, race, religion, or national origin. In addition, Michigan prohibits discrimination on the basis of weight and marital status. Other labor laws prohibit discrimination against those who report violations or suspected violations of law to their superiors or a government agency (see link under 'Whistleblower Claims'). Remedies can include reinstatement, back pay, future pay losses, emotional distress and lost fringe benefits.

The state of Michigan makes it unlawful for an employer to fire or otherwise discriminate against an employee who reports a violation or suspected violation of law to a government agency or person. Federal law has many statutes that prohibit discrimination against employees who report nuclear safety or workplace violations to their employers, the Nuclear Regulatory Commission, or other agencies.

Burhans Law Office handles whistle blower cases, terminations, suspensions, discipline matters, interpretation of severance agreements, contract disputes, arbitrations, and other labor issues that affect the employee in the nuclear industry.

Burhans Law Office can help you negotiate or interpret no-compete, severance, and employment agreements with prospective and current employers. Many employers seek to bind their employees to restrictive employment agreements that limit their ability to work for competitors or in the same industry. These agreements should be reviewed, if possible, before the employment begins. We also can review severance and settlement agreements that release an employer from liability in exchange for various considerations.

Burhans Law Office represents employees who have been discharged or discriminated against on the basis of improper considerations by their employer. These can include retaliation taken against employees based upon their sex, race, national origin, religion, color, creed, age, or other illegal classifications. Michigan prohibits discrimination on the basis of marital status and weight. We represent employees in the trial court and on appeal.

For those employees who have provisions for arbitration, our office will represent you before the arbitrator by investigating your claim, interviewing witnesses, discovering exhibits to help your case, and presenting the evidence before an arbitrator.

Our judicial system is divided into State and Federal Courts. The courts in the State of Michigan handle most claims that arise out of personal injuries, contract disputes, employee discharge, and criminal matters. Federal Courts, on the other hand, have jurisdiction over cases that arise out of a Federal Statute, the United States Constitution, or in “diversity” cases where the amount in question exceeds $75,000.00. Burhans Law Office represents persons with legal problems in all courts with the State of Michigan and the United States District Court.