Law Office of Anthony Della Pelle
21411 Civic Center Drive Suite 201
Southfield, MI 48076
The Law Office of Anthony Della Pelle is focused on providing high-quality legal services. We will do everything we can to meet your expectations.
We provide aggressive, competent and affordable legal services in state and federal court to individuals and small businesses in the following areas of law:
Child Custody & Paternity
Criminal & DUI
Divorce & Family Law:
Whether it's child custody, divorce, paternity or any other family law issue you are confronting, the Law Office of Anthony Della Pelle can help protect your rights. Generally, there are two ways a divorce action proceeds after the filing of the summons and complaint and the responsive pleading if paternity is not an issue. The divorce may be uncontested, where both parties of the divorce are in agreement, or the divorce may be contested where one of the parties is not in agreement with the divorce or settlement terms. Skillful legal representation can help to ensure that your divorce is settled peaceably and fairly.
If you or your spouse has decided to file for divorce, get legal help at once. Don’t be left vulnerable and uninformed. You need to know the law to protect your own interests and you need your lawyer to help guide all your actions. The Law office of Anthony Della Pelle can help you through this difficult process.
The Waiting Period
After you file for a divorce involving minor children, there is a 180-day statutory waiting or "cooling off" period before the trial court may enter a judgment of divorce. While it is possible for a trial court to find circumstances which justify waiving this period, in most cases the full 180-day waiting period will be observed.
Ordinarily, a trial court will enter "temporary orders" for custody, parenting time (visitation), and child support, while the divorce is pending.
The "Best Interest Factors"
When evaluating child custody, Michigan courts are required to evaluate the "best interest" factors, a series of considerations which are meant to help the court determine the most appropriate custodial environment for a child. Those factors include:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
Calculation of Child Support
Child support is ordinarily calculated in accord with the Michigan Child Support Formula. This calculation is formulaic, and except in high income cases does not leave much room for advocacy. Child support is ordinarily payable until a child reaches the age of eighteen, or until the age of 19-1/2 if the child is still a full-time high school student. Please note that the parties can agree to additional support provisions on a contractual basis, for example if they wish to provide for their children's college education as part of the divorce agreement, or if they have a disabled child whom they know will require support well past the age of majority.If you are paying or receiving child support, and your financial circumstances change, you may ask the court to modify the amount of child support payable in your case. Please note that under normal circumstances a court will be unable to modify support "retroactively" - that is, any change will ordinarily take effect as of the date of your petition for a modification. It is thus important that you present any challenge to excessive or inadequate support as soon as the changed circumstances come to your attention.
There are two types of "joint custody" in Michigan - "joint legal custody", under which parents share decision-making responsibility in relation to important life decisions affecting the child, and "joint physical custody", which usually involves a more equal parenting time arrangement and shared responsibility for the day-to-day care of the child. A Michigan court must consider joint custody if asked to do so by either parent. Most child custody cases result in an award of joint legal custody. Joint physical custody works best when the parents have a strong relationship and ability to communicate in relation to their minor children, despite the circumstances of their divorce.
A misdemeanor is a crime for which the maximum punishment is one year in county jail. Put simply, misdemeanor offenses do not carry the threat of prison. They range from low-level misdemeanors (trespass, retail fraud) to crimes of violence (domestic violence, aggravated assault). Generally, you will either be arrested for a misdemeanor or sent a notice to appear at district court. On misdemeanor offenses, there is no preliminary examination; so many times the prosecution will proceed on the basis of the police report alone. This can be extraordinarily frustrating, especially if you believe the report is false or misleading. Your attorney may be the only person fighting for your position. If you have been sent a notice to appear, investigated or arrested for a misdemeanor, our office will be glad to help.
In Michigan, a felony is defined as a crime for which the potential punishment carries greater than one year in county jail. Felonies can be capital in nature (i.e., life imprisonment), can carry a statutory maximum in prison (i.e., 10 years), or can function as a "high-court misdemeanor" (i.e., 2 year maximum). If you are charged with a felony, your case will begin with an arraignment—which is held either in jail or via a "self-surrender." Then, you are entitled to a preliminary examination, where the prosecutor is required to prove your guilt to send your case to trial.
Whether you've been charged with either a felony or a misdemeanor the Law Office of Anthony Delle Pelle is dedicated to helping you through this stressful time.
What to do if you are stopped by police:
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your attorney if you feel your rights have been violated.
IF YOU ARE STOPPED FOR QUESTIONING
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
IF YOU ARE ARRESTED
Say you wish to remain silent and ask for a lawyer immediately.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
“Driving under the influence” is often referred to as (DUI) and “driving while intoxicated” (DWI). It is also not uncommon to have a police officer or a prosecutor write a ticket for “operating under the influence” (OUI) or “operating while intoxicated” (OWI). These are just but four names for what is essentially the same crime: drunk driving.
Michigan law has lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults. Additionally, for those drivers under the age of 21, Michigan has enacted a Zero Tolerance law that prohibits under age drivers from having any measurable amount of alcohol in their blood system. It is not hard to understand that as the laws become tougher and tougher the possibility of being charged with drunk driving has greatly increased. Conduct which was at one time “legal” is now considered to be drunk driving. After an arrest for drunk driving a defendant will have to appear in a Michigan court a multitude of times. It is imperative that you have the highest quality representation at your side each and every time you appear before a judge. At the Law Office of Anthony Della Pelle we possess the knowledge and skill that is required to respond to the many different turns that a drunk driving case may take.
What is Juvenile Court?
Juvenile court is a special court for youth who are charged with a crime or status offense. Juvenile court is part of family court. Family courts try to solve legal problems involving youth and their parents.
Who is a Juvenile?
In Michigan, youth under the age of 17 are considered juveniles.
What is a "Status Offense?"
Status offenses involve conduct that violates the law due to the youth's age, such as truancy, running away from home, and curfew violations.
What Happens When a Juvenile is Charged with Violating the Law?
Youth accused of a crime must come to juvenile court for an initial hearing. At court, the judge may:
- Dismiss the case
- Refer the youth to counseling under the "Juvenile Diversion Act," if the youth agrees
- Place the case on a "consent calendar," an informal process of court supervision
- Place the case on the "formal calendar" and allow charges to go forward against the youth.
Are Juveniles Ever Treated Like Adults in Court?
Yes. In some cases, youth are charged with adult crimes and sentenced like an adult in the juvenile court. In other cases, youth are moved to the separate court for adults, where they are treated and sentenced as adults.
What if a Juvenile is Charged With an Offense on the Formal Calendar?
A youth may admit or deny the charges. A youth denying the charges is presumed innocent and may request a trial before a judge or jury.
What Rights Do Juveniles Have if There is a Trial?
At trial, youth have the right to an attorney, the right to remain silent, the right to confront witnesses testifying against the youth, the right to call witnesses, and the right to testify.
Contact the Law Office of Anthony Della Pelle immediately if a juvenile in your life has been contacted by law enforcement for any reason.
The Michigan appeal process is a very specialized, complicated process that demands appellate expertise on the part of the attorney. It involves extensive research and written and oral arguments, and can often take a year or more. Anthony Della Pelle is an aggressive appeal lawyer. He has experience seeking relief through the appellate courts whenever there is a possibility that it will result in a reversal, retrial or a more advantageous judgment or sentence for his clients.
Few events are more disheartening than an unfavorable judgment in a trial court. The period that follows can be a time of intense frustration, particularly when the stakes are high and the results represent a miscarriage of justice or an error by the trial judge. Fortunately, the trial court’s ruling is not always the final word.
Attorney Anthony Della Pelle is an appeal lawyer who has written over 100 appellate briefs. He is an appeal lawyer that has prepared appeals in the Michigan Court of Appeals, the Michigan Supreme Court and the Sixth Circuit Court of Appeals. He has been sought out by attorneys in Wayne County, Oakland County and Macomb county to prepare appellate briefs for their clients in civil appeals, family law and criminal appeals.
In almost all cases where a matter has gone to trial and the judge or jury has rendered a verdict either party may appeal the decision to the next superior court as a matter of right. Which means that as long as you observe the filing requirements and deadlines - the appellate court must hear the appeal of your case.
If your case was in a District Court - your appeal would be to the County Circuit Court. If you went to trial in the Circuit Court - your appeal is to the Michigan Court of Appeals.
Appellate practice is time consuming and the procedural and deadline limitations are exacting and must be strictly observed in order to have an opportunity for appellate relief.
The information contained in this web site is provided as a public service. While the information on this site is about legal issues, it is not legal advice or legal representation and should not be relied upon as legal advice. Because of the rapidly changing nature of the law, we make no warranty or guarantee of the accuracy or reliability of information contained herein or at other sites to which we link. As legal advice must be tailored to the specific facts and circumstances of your case, information cannot substitute for the advice of competent legal counsel. Nothing presented on this site establishes or should be construed as establishing an attorney-client relationship between you and Mr. Della Pelle. No attorney-client relationship exists between you and Mr. Della Pelle until
Mr. Della Pelle has been formally retained, or has acknowledged an attorney-client relationship in writing. You should not send any confidential information to
Mr. Della Pelle until you have received written acceptance from the firm of any legal services you may request. The content of any correspondence that you send via the Internet will not be considered confidential unless you have received such written confirmation. The Law Office of Anthony Della Pelle does not seek clients from outside of the state of Michigan. If you require legal advice, please contact an attorney licensed to practice in your state. We will be happy to assist you, if possible.
Law Office of Anthony Della Pelle
21411 Civic Center Drive Suite 201
Southfield, MI 48076 (586) 944-8735