It appears that after several years of a dismal real estate market, that things are finally turning around. The "buyer's market" of the past several years seems to be breaking and turning into a bit of a "seller's market." Whether this is a true seller's market or simply a more normal market it hard to say, but overall it is a sign of good economic health.
Some of the causes of the sluggish market seem to be fading away. For starters, foreclosures are down. These cheaper homes competed with others in the same neighborhood and drove prices down as the banks were anxious to dump their losses. The job market appears to be getting a bit stronger. Not that it is particularly good by historical standards, but it has been slowly improving. And finally, people finally seem to have found a little confidence in the long-term prospects of the area. Home ownership is a major investment and it does have a way of anchoring one the area. After all, if some one wishes to leave Michigan for greener pastures elsewhere but can't take a bath on her house, she is effectively stuck here.
On the other hand, the job market really is not great. And the jobs are not necessarily spread around each industry equally. For example, the legal job market is disastrous in West Michigan. And local government has laid off a lot of people and those jobs don't seem to be coming back. And because wages are still kind of low, prices on homes are not going to shoot up anytime soon. That is bad news for those whose house is underwater.
Only time will tell how long this lasts.
Ryan Maesen
www.maesenlawfirm.com
Friday, June 28, 2013
Crime rates are down, but . . .
Statistics have shown that crime is down on a national and statewide level. I suppose this is good. On the other hand, I have noticed an unfortunate side effect to lower crime rates: people who commit minor crimes or crimes where the evidence is not very strong may get charged. In a higher crime era, these types of crimes might simply not warrant precious police and prosecutorial resources. But when things are "slow" on the crime front, it seems that more people get charged with things that seem rather silly.
For example, I have noticed that domestic violence charges seem to have gone up. Also, I have noticed a lot of criminal sexual conduct cases recently. With that one in particular, I know that the evidence in some of these cases is fairly weak. But, for whatever reason, the state is taking more chances charging these people and hoping they plea out. That is frightening for the defendant and his entire family.
It is a very sad flipside to the coin of lower crime overall. Be careful out there.
Ryan Maesen
www.maesenlawfirm.com
For example, I have noticed that domestic violence charges seem to have gone up. Also, I have noticed a lot of criminal sexual conduct cases recently. With that one in particular, I know that the evidence in some of these cases is fairly weak. But, for whatever reason, the state is taking more chances charging these people and hoping they plea out. That is frightening for the defendant and his entire family.
It is a very sad flipside to the coin of lower crime overall. Be careful out there.
Ryan Maesen
www.maesenlawfirm.com
The high cost of Being Cheap
In West Michigan, many people pride themselves on their frugality. And being careful with one's money is often a good idea. Like all things, however, it can backfire. I have run into a number of people over the years that could have saved a small fortune if they had been willing to pay a professional upfront to help make sure potential problems were highlighted and dealt with before they became big problems.
Below are some brief examples of the high cost of being cheap. I am not using actual names and will change the facts slightly to protect people's privacy.
A couple cashes in their life savings to make a large down payment of a fixer upper home that they are buying on land contract. They decide that paying an attorney a few hundred dollars upfront to advise them on the deal is too much cost and bother. Two years later, they get behind in their payments and wind up losing the house. Now, their entire savings and anything they have put into the house are gone forever. They lost over $30,000 all because they believed that the money they paid on the contract was building equity for them. It was not. And they decided to forego the cost of the advice that would helped them understand this risk.
A guy gets pulled over for a OWI. As he has never had one before, he is charged as a first time offender. Because the only evidence was his breathalyzer result, the entire case against him is based on those. He blew a .11 (the legal limit is .08). Because the officer did not observe him continuously for the required 15 minutes before administering the test, the guy could have had the results barred from being admitted from trial, meaning he likely would have had his case dismissed. Because he didn't want to pay $1200 for a good lawyer, he wound up pleading guilty. A couple of years later, he gets pulled over again. Now, he is a second time offender with a minimum mandatory jail sentence. The fines and other penalties are also increased. And if he gets a third OWI arrest, that charge is an automatic felony, and he is looking at prison time. If he had paid to keep his record clean the first time, he wouldn't be going to jail.
The cost of serious representation for a serious felony is very expensive. Frankly, it is beyond the means of many criminal defendants. However, some who can come up with the money often just decide to let it ride with a court appointed attorney or a low cost attorney. The risk here is that the difference between the best representation and less than that can be years or decades in prison. There is no attorney that can guarantee a particular result, but if you are paying an attorney for a lot of his time, logically he is going to spend that time learning more about the nuisances of your cases. And those little details can be the difference between winning and losing; or at least a meaningful plea offer or one that doesn't offer much assistance.
I know this blog may seem self-serving to some, but when life throws you major problems, you need to look at the long term cost. It is a big picture thing. A $5,000 retainer to a good lawyer is only $42 a month (rounded up) if he can save your 10 years in prison. Freedom is worth the price.
Ryan Maesen
www.maesenlawfirm.com
Below are some brief examples of the high cost of being cheap. I am not using actual names and will change the facts slightly to protect people's privacy.
A couple cashes in their life savings to make a large down payment of a fixer upper home that they are buying on land contract. They decide that paying an attorney a few hundred dollars upfront to advise them on the deal is too much cost and bother. Two years later, they get behind in their payments and wind up losing the house. Now, their entire savings and anything they have put into the house are gone forever. They lost over $30,000 all because they believed that the money they paid on the contract was building equity for them. It was not. And they decided to forego the cost of the advice that would helped them understand this risk.
A guy gets pulled over for a OWI. As he has never had one before, he is charged as a first time offender. Because the only evidence was his breathalyzer result, the entire case against him is based on those. He blew a .11 (the legal limit is .08). Because the officer did not observe him continuously for the required 15 minutes before administering the test, the guy could have had the results barred from being admitted from trial, meaning he likely would have had his case dismissed. Because he didn't want to pay $1200 for a good lawyer, he wound up pleading guilty. A couple of years later, he gets pulled over again. Now, he is a second time offender with a minimum mandatory jail sentence. The fines and other penalties are also increased. And if he gets a third OWI arrest, that charge is an automatic felony, and he is looking at prison time. If he had paid to keep his record clean the first time, he wouldn't be going to jail.
The cost of serious representation for a serious felony is very expensive. Frankly, it is beyond the means of many criminal defendants. However, some who can come up with the money often just decide to let it ride with a court appointed attorney or a low cost attorney. The risk here is that the difference between the best representation and less than that can be years or decades in prison. There is no attorney that can guarantee a particular result, but if you are paying an attorney for a lot of his time, logically he is going to spend that time learning more about the nuisances of your cases. And those little details can be the difference between winning and losing; or at least a meaningful plea offer or one that doesn't offer much assistance.
I know this blog may seem self-serving to some, but when life throws you major problems, you need to look at the long term cost. It is a big picture thing. A $5,000 retainer to a good lawyer is only $42 a month (rounded up) if he can save your 10 years in prison. Freedom is worth the price.
Ryan Maesen
www.maesenlawfirm.com
Monday, June 17, 2013
Court takes a long time
It seems that nearly every client complains at how long the legal process can take. To those of us who deal regularly with the court system, the delays are just par for the course. But I do understand the frustration that people feel when they have a problem that urgently needs a solution and they have to wait weeks or months for a judge to make a decision. This is especially frustrating when the facts are not really in dispute and the solution is obvious. For example, a landlord looking to evict a tenant for not paying rent may have to wait a month or so for the process to navigate its way through the court system even though the tenant never disputes owing the money.
Personal injury lawsuits or other forms of civil litigation can take a year or more. This is especially true when insurance is involved. The insurance company may wish to stall for time earning money on the amount they anticipate paying out. If the lawsuit is complex, it may takes several months for all the documents and other evidence to get into the lawyers hands and be analyzed.
Criminal matters generally have a short time frame. Our Constitutional right to a speedy trial guarantees a person charges charged with a felony a trial within 180 days. Of course, there are ways for this to be extended lawfully. For example, if the defendant agrees to adjourn a particular hearing or if he/she agrees to take a court ordered competency exam.
From an attorney's standpoint, delays can be frustrating. We would like to "close the file" and move on. Our time is limited and we want happy clients who can move on wit their lives. There is not much we can do to speed up the process. We do have an ethical obligation not to cause unnecessary delays but there is no bright line on when a delay becomes unethical.
Sometimes we like to have things take a little time so we can fully investigate the law and the facts on our case and be more prepared when we do go to court. No attorney likes be thrown into a case at the last minute. Relying on incomplete facts because things are hurried is doing the client any favors.
The best thing a client can do to help the process move along is to hire an attorney as early as possible on the case. After that, make sure you give him or her all the relevant information needed. That means disclosing bad facts. It is far better to hear them from you than from the other party's attorney. Bad facts can be dealt with. Missing information is like an unseen iceberg. And finally, be open to settling your case before trial. That is probably the best way to get a speedy resolution.
Ryan Maesen
Criminal lawyer, real estate lawyer in Grand Rapids, MI
www.maesenlawfirm.com
Personal injury lawsuits or other forms of civil litigation can take a year or more. This is especially true when insurance is involved. The insurance company may wish to stall for time earning money on the amount they anticipate paying out. If the lawsuit is complex, it may takes several months for all the documents and other evidence to get into the lawyers hands and be analyzed.
Criminal matters generally have a short time frame. Our Constitutional right to a speedy trial guarantees a person charges charged with a felony a trial within 180 days. Of course, there are ways for this to be extended lawfully. For example, if the defendant agrees to adjourn a particular hearing or if he/she agrees to take a court ordered competency exam.
From an attorney's standpoint, delays can be frustrating. We would like to "close the file" and move on. Our time is limited and we want happy clients who can move on wit their lives. There is not much we can do to speed up the process. We do have an ethical obligation not to cause unnecessary delays but there is no bright line on when a delay becomes unethical.
Sometimes we like to have things take a little time so we can fully investigate the law and the facts on our case and be more prepared when we do go to court. No attorney likes be thrown into a case at the last minute. Relying on incomplete facts because things are hurried is doing the client any favors.
The best thing a client can do to help the process move along is to hire an attorney as early as possible on the case. After that, make sure you give him or her all the relevant information needed. That means disclosing bad facts. It is far better to hear them from you than from the other party's attorney. Bad facts can be dealt with. Missing information is like an unseen iceberg. And finally, be open to settling your case before trial. That is probably the best way to get a speedy resolution.
Ryan Maesen
Criminal lawyer, real estate lawyer in Grand Rapids, MI
www.maesenlawfirm.com
Wednesday, June 12, 2013
Get the facts first
I often see these high profile cases in the media about a person accused of some crime. It frustrates me how both the media and the public immediately assume that a person is guilty just because they have been arrested and accused of something. We have a Constitution that requires a person be presumed innocent. Sadly, most people nowadays presume a person is a guilty until proven innocence.
This is troubling for two reasons. First, a person can rarely prove he is innocent. Unless there is a good alibi defense or some other affirmative defense, often it comes down to one person's word against another. If a defendant tries to prove he is innocent, he is then taking on a burden of proof in the eyes of many jurors. The trial then becomes a credibility war; which few defendants can win. Many people charged with crimes are below average intelligence, scared to death, and are not able to articulate their case well enough to convince a skeptical jury.
The second reason is that is makes jurors ineffective at doing their job. The whole concept of an unbiased jury that will decide based on the evidence goes out the window if people are pre-disposed to assume some one is guilty. The whole point of a trial is to ascertain the facts. A person whose mind if half made up can't do that. If the emotional pull of the charge, (criminal sexual conduct with a miner, murder, robbery etc) already puts a person in state of skepticism towards the defendant the case is already lost.
People don't understand or appreciate how many people are in prison based on false accusations and juries that believed the lies in spite of the evidence. It is important that we all keep an open mind and remember that the government may someday come after you or a loved one. The Constitution will no longer seem like a worthless piece of paper at that point.
Ryan Maesen
Criminal Defense lawyer Grand Rapids, MI
www.maesenlawfirm.com
This is troubling for two reasons. First, a person can rarely prove he is innocent. Unless there is a good alibi defense or some other affirmative defense, often it comes down to one person's word against another. If a defendant tries to prove he is innocent, he is then taking on a burden of proof in the eyes of many jurors. The trial then becomes a credibility war; which few defendants can win. Many people charged with crimes are below average intelligence, scared to death, and are not able to articulate their case well enough to convince a skeptical jury.
The second reason is that is makes jurors ineffective at doing their job. The whole concept of an unbiased jury that will decide based on the evidence goes out the window if people are pre-disposed to assume some one is guilty. The whole point of a trial is to ascertain the facts. A person whose mind if half made up can't do that. If the emotional pull of the charge, (criminal sexual conduct with a miner, murder, robbery etc) already puts a person in state of skepticism towards the defendant the case is already lost.
People don't understand or appreciate how many people are in prison based on false accusations and juries that believed the lies in spite of the evidence. It is important that we all keep an open mind and remember that the government may someday come after you or a loved one. The Constitution will no longer seem like a worthless piece of paper at that point.
Ryan Maesen
Criminal Defense lawyer Grand Rapids, MI
www.maesenlawfirm.com
Subscribe to:
Posts (Atom)