by Van Den Heuvel Law Office

Buy-sell agreements are vital to protecting your business’s future. You want to ensure that your business’s best interests are upheld down the line, so Michigan property owners should know what provisions need to be included in their buy-sell agreement. Our lawyers at the Van Den Heuvel Law Office can help you review your specific options at a consultation. 

What Is a Buy-Sell Agreement?

A buy-sell agreement is a contract that outlines the contingencies of a partnership deal. Also known as a business continuation agreement or buyout agreement, this contract determines how your business will be provided for in a future sale or purchase by a co-owner in the case of an owner’s death, disability or retirement. This contract is a tool that lets business partners complete advanced planning for their professional affairs to protect their best interests down the line. The contract prevents any of the owners from selling their interests to an outside party without every owner’s consent. 

Key Proponents of an Effective Buy-Sell Agreement

A buy-sell agreement is designed to address each business owner’s intentions for the future direction and management of the company. The agreement needs to clearly state how the business interests are valued. After all, what one owner considers valuable might not be worth much to another. Furthermore, businesses are comprised of many different variables, and each of those has its own value. Just like any major purchase, the final price is often settled through negotiation

To ensure a fair deal is reached for every owner, the buy-sell agreement needs to state how the owners’ interests are valued. There are three choices: 

  • Fair Market Value: A fair market value is a hypothetical transaction between a buyer and seller. When both parties have a reasonable knowledge of the assets, they can transfer ownership without any compulsion. 
  • Formula Approach: A formula price agreement sets a price based on the shares at the date that the agreement is invoked. 
  • Book Value: The book value is based on an asset’s balance sheet, and the price is calculated based on depreciation over time. 

Customizing a Buy-Sell Agreement

Owners can make their buy-sell agreement as flexible as necessary. Different methods of valuation can be applied throughout the business’s life cycle. For example, the agreement may initially propose that book value is used, since the relationships between owners of a new business may still be unstable during its first year. Therefore, the agreement may assume that a fair market value is equal to its book value, eliminating the cost of an appraisal.

What Happens If There’s a Dispute?

Buy-sell agreements commonly involve disputes. Different visions of the business’s direction and even personal values can complicate how the ownership and control of the company are determined. Your buy-sell agreement likely doesn’t address every single applicable contingency, and in some cases, these agreements aren’t in writing.

Contact Our Lawyers to Discuss Your Buy-Sell Agreement

Before committing to the provisions, be sure to review the documents with an attorney who knows exactly what details to look for. Contact the Van Den Heuvel Law Office to review your contract. 

by Van Den Heuvel Law Office

White-collar crime is a severe offense that can have far-reaching consequences. In Michigan, any criminal conviction for a white-collar crime could lead to serious penalties, including jail time, large fines, and restitution payments. Understanding the types of white-collar crime and potential penalties is important to build a strong defense. 

Below, Van Den Heuvel Law Office discusses the various types of Michigan white-collar crimes and their potential consequences. If you are facing similar charges, call our attorneys today to receive guidance specific to your case.

Types of White Collar Crimes in Michigan

White-collar crime is a broad term that encompasses a variety of offenses, such as fraud, money laundering, embezzlement, identity theft and insider trading. In Michigan, each of these crimes can lead to serious criminal and civil penalties if convicted: 

  • Fraud is an intentional act of deceit that deprives another person or business of property or money. This type of white-collar crime can include credit card fraud, check fraud, wire fraud and tax fraud. In Michigan, those convicted of fraud are subject to jail time, fines up to $50,000 and restitution payments for all losses incurred by the victim.
  • Money laundering refers to concealing illegal sources of income by transferring them through legitimate accounts to hide their origin. Those convicted in Michigan face a prison sentence of 20 years and fines of up to $500,000.
  • Embezzlement happens when someone entrusted with funds or property misappropriates them for personal gain. It may involve taking small amounts over time or one large sum at once to cover expenses or buy luxury items. In Michigan, those convicted could potentially face jail time up to 20 years, along with hefty restitution payments for all losses incurred by the victim. 
  • Identity theft occurs when an individual uses another person’s personal information without authorization for their own benefit. Identity theft can range from stealing someone’s credit card information to creating false documents using another person’s name and social security number. If convicted in Michigan, those found guilty can be fined thousands of dollars along with possible jail time, depending on the severity of the case. 

Potential Penalties for White Collar Crimes

White-collar crimes can have severe repercussions for those convicted, including possible incarceration and hefty fines. Depending on the severity of the offense, a court may sentence an individual to one to five years in prison for each separate offense. Furthermore, restitution payments and disgorgement fees may also be required if any property or money was stolen during the crime. 

In addition to criminal penalties, civil liability is also a possibility under state law. This could include forfeiture orders requiring individuals to turn over any assets obtained through unlawful activity and asset seizure orders requiring them to hand over their illegally acquired resources. Probation or community service orders may sometimes be issued as part of the sentence. Anyone accused of a white-collar crime in Michigan should contact a criminal defense attorney at the soonest opportunity. 

Take Action Now to Protect Your Rights

The consequences of a white-collar crime conviction in Michigan can be severe and long-lasting, so it is important to take appropriate steps to protect your rights. Call the Van Den Heuvel Law Office for a consultation.

by Van Den Heuvel Law Office

When a loved one passes away, someone must be appointed to handle their asset distribution and payment. Probate is the legal process of validating a will so a decedent’s estate can be distributed. If you are the executor of someone’s estate, you might wonder how soon you need to file probate after that individual’s death. Michigan differs from other states in that there isn’t a deadline to file a probate case. Knowing what variables are involved can help you better understand your fiduciary duties. Our attorneys at the Van Den Heuvel Law Office are here to assist you during this challenging time. Contact our office for advice specific to your probate case. 

Does Michigan Require Probate?

Most estates in Michigan must undergo probate. There are several exceptions, however. For instance, an estate that is worth under $24,000 following funerary costs can bypass most of the probate process. Other assets may not need to progress through probate if they meet these conditions: 

  • Jointly Owned. When property is jointly owned by two spouses, it will be passed to the surviving spouse.
  • Beneficiary Designations. The decedent’s retirement account is directly transferred to the designated beneficiary.
  • Michigan Living Trust. The trustee will manage assets that are held in a living trust.

How Do You Begin the Probate Process in Michigan?

In order to start probate, you must first determine if the decedent’s estate needs a formal or informal probate proceeding. Formal probate is used for large estates or contests to the decedent’s will. The process is sometimes supervised, which means a judge must approve all activities that can have consequences on the estate. Informal probate is completed with a probate register instead of a judge. 

Once you’ve determined the necessary process, you can file a petition with the court. Both kinds of probate can be challenging, so this is also the time to contact a probate lawyer for assistance. 

How Soon Do I Need to File Probate?

While Michigan law does not require probate to be filed within a certain timeframe, it’s often best to file at the soonest opportunity. The process can take between six months to a year, and contested cases can last much longer. Delaying the probate process can leave room for the decedent’s creditors to petition for open probate, which can complicate the process. 

What Happens If Someone Dies Without a Will?

When a loved one passes away without a will in place, that means they died intestate. In such a case, the state probate court appoints a personal representative who then distributes the assets according to Michigan’s intestacy laws. It’s important to speak to an attorney to determine what this may mean for your inheritance.  

Hire a Michigan Probate Attorney

Probate is often long, complex and stressful. If you’ve been appointed a personal representative for your loved one’s estate, you can determine the next steps with our probate lawyer at the Van Den Heuvel Law Office. Contact us today to schedule a consultation.

by Van Den Heuvel Law Office

Michigan has some of the harshest DUI laws in the United States, earning its reputation as a place you wouldn’t want to receive drunk driving charges. The law is even tougher on minors or underage individuals who are accused of driving under the influence. Michigan’s Zero Tolerance law provides harsher punishments for drivers under 21 years old with a blood alcohol content of 0.02 to 0.07%. Considering how Michigan law doesn’t grant leniency to underage drinking, these convictions can have long-lasting impacts that are often more complicated than those of a regular DUI charge. 

Anyone who faces a Michigan DUI Zero Tolerance charge needs to reach out to a knowledgeable attorney. The Van Den Heuvel Law Office is available to review your case at a consultation where we can provide specific guidance. 

What Is Zero Tolerance in Michigan?

Michigan’s Zero Tolerance law is one of the toughest DUI laws in the country. While a first-time DUI offense won’t automatically lead to jail time, underage offenders may be subject to no more than 360 hours of community service alongside a fine of up to $250. A second-time offense does introduce the possibility of up to 93 days in jail, fines of up to $500 and 60 hours of community service. 

Some people mistakenly think that a first-time underage DUI charge isn’t worth fighting since the consequences don’t include jail time. However, this can lead to future hardship since a conviction remains on an individual’s record and will be considered during any possible DUI charges in the future. For instance, if a driver received a DUI Zero Tolerance charge and then received another DUI charge after they turned 21, it would be punished as a second offense. 

Per Michigan state law, there are limitations to using a previous Zero Tolerance conviction to enhance later charges. The prosecution can only use one previous underage conviction, so a felony DUI for a person convicted of Zero Tolerance DUI would need another prior conviction after they turned 21, no matter how many underage convictions they had. 

How Is Impairment Determined?

When officers pull over a driver for a suspected DUI violation, they use the same NHTSA field sobriety test that is used for people aged 21 and older, since the results are accurate no matter the age of the individual who is being tested. The tests are administered no matter the amount of alcohol in a person’s system so the police can establish probable cause to conduct a breathalyzer test. It’s important to note that an underage person can still be charged with a DUI when a breathalyzer test reveals any alcohol in their system, even if they have already passed a field sobriety test. 

Consequences of Underage DUI

Punishments for underage DUI are often more serious than regular DUI charges. Michigan judges can raise the severity of sentencing for such convictions, which can lead to a minor being charged at the same level as an adult. Short-term consequences include community service, fines and even license suspension. A conviction may have ongoing impacts on the defendant’s future education and career prospects since a criminal record may deter employers. 

Contact a Criminal Defense Lawyer Immediately

Considering the potentially severe consequences of Michigan’s Zero Tolerance DUI law, underage drivers accused of a DUI need to speak to act immediately. Our lawyers at the Van Den Heuvel Law Office are available for a consultation.

by Van Den Heuvel Law Office

Under Michigan’s DUI laws, a driver who is caught operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher is subject to legal penalties. If you received your first DUI offense, you are likely worried about your future, and what the offense will mean for your driving privileges and reputation. It’s possible to fight your DUI charge with a criminal law attorney. Van Den Heuvel Law can help you explore your DUI case and the potential consequences that you face. Contact us for a consultation where we can discuss your specific circumstances. 

Consequences of a First Offense DUI

In Michigan, drunk driving convictions are subject to several different punishments of varying severities. A person who is “super drunk,” or has a BAC that is over 0.17%, can result in elevated penalties. Even if it is your first offense, you face potentially significant consequences depending on your BAC at the time of the incident, so don’t hesitate in seeking the advice of an attorney. We can help you understand the situation you’re in, learn more about Michigan’s criminal justice process and determine what the DUI charges mean for your future. 

If your first offense occurred with a BAC that was under 0.17%, you may face: 

  • Maximum fine of $500
  • Prison sentence of up to 93 days
  • Maximum 360 hours of community service
  • License suspension period of up to 180 days
  • 6 points added to a driving record

If the first offense happened with a BAC over 0.17%, the penalties may include: 

  • Maximum fine of $700
  • Prison sentence of 180 days 
  • Maximum 360 hours of community service
  • License suspension period of up to 1 year
  • 6 points added to a driving record
  • Mandatory alcohol treatment 
  • Ignition interlock installed on the defendant’s car

If the driver refuses to submit to a breath test, they will receive a one-year license suspension. A second refusal that occurs within seven years results in a two-year suspension. 

Fighting Your DUI Charge

Even a first-offense DUI is hefty, but that doesn’t mean your case is hopeless. With a skilled criminal defense attorney at your side, you may be able to change the course of your case. Van Den Heuvel Law defends you against the charges. 

In some cases, it’s possible to demonstrate that the breathalyzer test results were not accurate. Studies have shown that these devices aren’t perfectly calibrated for everyone, regardless of weight, gender and other physical characteristics. Our attorneys can use this knowledge to gain the upper hand as we work to protect your best interests. 

Call an Attorney Today to Determine the Next Steps

A single DUI charge can have significant impacts on your driving privileges and your future. Don’t underestimate the penalties, even if it is your first charge—working with an experienced lawyer makes it possible to lower the potential impacts the charge will have. Call a criminal defense attorney at Van Den Heuvel Law to begin building your defense. We will support you every step of the way.

by Van Den Heuvel Law Office

Sexual assault remains a prevalent global problem. In the United States, a sexual assault takes place every 68 seconds. While most rape reports are true, some accusations are false, and they can have lifelong impacts on the person who is wrongly accused. Van Den Heuvel Law understands the stress you’re experiencing, and we want to help defend your rights. You may feel hopeless, but with a talented criminal defense attorney, you can fight the false allegations and reaffirm your innocence. For specific legal guidance, talk to an attorney about your case at a consultation. 

The Impacts of a False Sexual Assault Charge

A false sexual assault accusation can be life-altering. The person who is accused may feel overwhelmed or unsure of how to defend themselves; there is little anyone can do to prepare for such a difficult situation. False sexual assault charges can be brought about for many reasons. Sometimes, a victim incorrectly identifies the actual perpetrator. In other cases, an alleged victim wrongfully accuses someone of rape out of malicious intentions. There are numerous situations in which a false rape accusation may occur, and many of them can be complex to navigate. 

No matter the specifics of your case, plan on seeking an attorney’s guidance immediately. We can help you defend against the accusations and minimize the potential impacts. 

What to Do After Being Wrongly Accused of Sexual Assault

If you were wrongfully accused of sexual assault, don’t wait to build your defense. Addressing the situation sooner rather than later is necessary for protecting your rights. Simply ignoring the accusations will not help you. Now is the chance to refute the accusations and gather evidence in your favor. 

Avoid confronting the person who wrongly accused you of rape, since anything you say might be used against you. Our attorneys can help you avoid making any potential mistakes, such as making potentially self-incriminating posts on social media. Be careful what you share with friends and family and play it on the safe side. 

  • Hire an Attorney. Hire a criminal defense lawyer to guide you through the process. We are familiar with Michigan’s criminal justice system, and we can help you overcome the allegations to protect your future. 
  • Record the Details of the Incident. Write down everything you remember about the incident. Be specific about the circumstances you were in, the location and date. These records may be used to debunk the opposing party’s claims. Only share your list with your attorney. 
  • Gather Supporting Evidence. If the alleged assault occurred in a place with video surveillance, or if there were pictures taken during the event or place where it allegedly occurred, let your attorney know. Concrete proof in your favor can invalidate the accuser’s wrongful claims. 

Hire a Criminal Defense Lawyer Right Away

False sexual assault accusations have lasting impacts on the accused individual’s life. You understandably may feel stressed or confused after a rape accusation. Our lawyers at Van Den Heuvel Law are ready to fight for your rights. Call us today to schedule a consultation.

by Van Den Heuvel Law Office

If you are facing an embezzlement charge in Michigan, it is important to understand the role of intent and defenses available to you. While embezzlement can happen accidentally or unknowingly, the law still applies with criminal charges if intent is present. It is essential to understand what constitutes embezzlement and how to defend yourself against such charges. 

What Is Embezzlement?

Embezzlement is defined as the misappropriation of funds or property by someone who has been entrusted with its care. This means that an individual has taken money or property that belongs to another person or entity for their own personal use without authorization. The crime of embezzlement occurs when someone uses their position of trust and authority to misuse funds that have been entrusted to them for a legitimate purpose. 

The Role Of Intent in Embezzlement Crimes

In Michigan, the element of intent is key when it comes to determining whether an individual has committed the crime of embezzlement. In order for a conviction on this charge, it must be proven beyond reasonable doubt that the accused had intended to commit the act of misappropriating funds or property when they did so. This means that if an employee mistakenly takes money from their employer’s account without intending to do so, they cannot be convicted on an embezzlement charge because there was no intent involved. 

Defenses for Embezzlement Crimes

If you are facing an embezzlement charge in Michigan, there are several potential defenses available to you, depending on your individual circumstances. If you were not aware that taking the money or property constituted theft, then this could provide a defense against any criminal charges brought against you. Additionally, if there was no intent behind your actions, for instance, if you took something without realizing it was wrong, then this could provide a viable defense as well. Lastly, if someone else forced you into taking money or property unlawfully, then this may also serve as a defense against criminal charges related to embezzling funds or property from another person or business entity. 

Facing an embezzlement charge in Michigan can be intimidating and overwhelming. However, with the right legal assistance and understanding of potential defenses available, it is possible to fight these charges successfully and clear your name from any wrongdoing associated with them. An experienced attorney can help guide you through each step necessary for building a strong defense and ultimately achieving justice in court proceedings related to your case. No matter what circumstances led up to your charges, having knowledgeable legal counsel by your side can make all the difference when it comes time for trial proceedings involving alleged cases of fraud or theft via misappropriation of funds from another party’s account. Contact the experienced criminal defense attorneys at the Van Den Heuvel Law Office for a consultation, and we will review the facts of your case and help develop the best possible defense strategy for an embezzlement charge.

by Van Den Heuvel Law Office

In Michigan, gun crimes are taken very seriously. If you are convicted of a gun crime, you could be facing significant prison time. That is why it is important to have a clear understanding of the different types of gun crimes and the penalties associated with them. This blog post will provide an overview of some of the most common gun crimes in Michigan.

Assault Crimes, Road Rage with Weapons or Firearms

In Michigan, assault is defined as an unlawful attack by one person upon another for the purpose of inflicting great bodily harm or death. Assault can be charged as a misdemeanor or a felony, depending on the circumstances. If a weapon is used during the commission of an assault, the penalties will be more severe.

Possession of a Firearm During While Committing a Felony

Crimes such as murder, rape, robbery, and home invasion are all classified as felonies. If a firearm is used during the commission of these crimes or other felonies, you could be facing additional prison time as the charge may be escalated due to the presence of a firearm. 

A Felony Conviction Will Exclude You From Possession or Ownership of Firearms

Not only will you lose your right to possess or own a firearm if you are convicted of a felony in Michigan, but also any prior felony convictions from other states will count as well. This means that if you have been convicted of a felony in another state, you will not be able to possess or own a firearm in Michigan. 

Weapon in Possession at Metro Airport Checkpoints

If you are caught with a weapon at one of the checkpoints at Detroit Metropolitan Airport, you could be facing up to 5 years in prison and/or a $5,000 fine. This is true even if you have a concealed pistol license (CPL). It is important to note that knives and other cutting instruments are also prohibited under the law. 

How an Attorney Can Help with Your Gun Crime Charge

As you can see, gun crimes in Michigan are taken very seriously. Criminal charges involving assault and weapons can cause long-term issues without the right legal representation. Fortunately, an experienced attorney can help if you are facing a common gun crime charged in the state. From road rage to carrying illegal firearms, an attorney specializing in criminal defense knows the laws and details of prosecution. With accurate advice from your lawyer, it may be possible to reduce or avoid penalties that could damage your future. Rather than attempt to defend yourself against such serious criminal charges, speak with a qualified attorney today for the best chance of success. If you have been charged with a gun crime, it is important to seek legal assistance as soon as possible. Contact the experienced criminal defense attorneys at the Van Den Heuvel Law Office for a consultation, and we will review the facts of your case and help develop the best possible defense strategy for your situation.

by Van Den Heuvel Law Office

If you have been arrested for driving under the influence (DUI) in Michigan, you may be wondering what constitutes probable cause and how it can help you challenge the evidence against you. It is important to understand the concept of probable cause as it relates to a DUI arrest, as this can be a powerful tool in your defense. Keep reading to learn more about how probable cause applies to a DUI arrest and how an experienced DUI lawyer can help challenge any evidence against you. 

What Constitutes Probable Cause?

Probable cause is the legal standard used by police officers when making an arrest. In order for a police officer to make an arrest, they must have probable cause.  Probable cause is a reasonable belief that someone has committed or is committing a crime. This means that before making an arrest, a police officer must observe enough facts or circumstances that would lead them to believe that the person has committed or will commit a crime. 

In terms of DUI arrests, this means that officers must observe signs of impairment such as slurred speech, bloodshot eyes, difficulty maintaining balance, odor of alcohol on breath, or other clues indicating intoxication before they can make an arrest. Without these signs of impairment, the police cannot legally make an arrest without first having probable cause. 

How to Minimize DUI Evidence Against You

One way to minimize any evidence against you if you are facing DUIs charges is to learn your rights and know when your rights are being violated by law enforcement officers. For example, if the arresting officer does not have probable cause for your arrest, then any evidence obtained during the stop may be considered invalid and could potentially be used in your defense in court. Therefore, it is important to understand what constitutes probable cause so that you can protect yourself from any potential violations of your rights by law enforcement officers during a traffic stop or DUI investigation.  

Challenging Evidence in a DUI Arrest

Another way to challenge evidence collected during a traffic stop or investigation is to consult with an experienced DUI criminal defense attorney who understands Michigan’s laws regarding DUI arrests and investigations. Your lawyer will be able to review all the facts surrounding your case and determine if there was any violation of your rights or lack of proper procedure on behalf of law enforcement officials during their investigation into your alleged offense. Your lawyer may also be able to negotiate with prosecutors on your behalf so that any potential evidence obtained illegally can be excluded from court proceedings. This could potentially result in reduced charges, or dropped charges altogether, depending on the circumstances of your case

Understanding what constitutes probable cause for a DUI arrest can help you protect yourself from violations by law enforcement officers during their investigation into suspected DUIs. If you are facing charges related to driving under the influence, it is important that you consult with an experienced criminal defense attorney who understands Michigan’s laws regarding DUI arrests and investigations so that they can help ensure that all legal procedures were followed correctly and provide effective representation throughout court proceedings if necessary. With proper legal guidance, those facing DUIs may be able to reduce their charges or get their cases dismissed entirely, depending on the facts of their case.

by Van Den Heuvel Law Office

Have you ever considered getting a power of attorney (POA) in Michigan? A POA is an important legal document that gives someone else the authority to act on your behalf if you become incapacitated or are unable to make decisions for yourself. It’s a great way to ensure that your affairs are managed according to your wishes if the need arises. Let’s take a look at why having a POA is so beneficial and how to go about choosing the right lawyer for the job. 

Health Care Power of Attorney in Michigan

One type of power of attorney document is called Health Care Power of Attorney (HCPA). This type of POA allows you to appoint someone as your healthcare agent who will make medical decisions on your behalf in the event that you are unable to do so yourself. With this document, you can be sure that any medical decisions made for you will be made according to your wishes. It’s important to note that HCPA does not give anyone access to your medical records, it is only the legal authority to make medical decisions for you. 

Michigan Durable Power of Attorney

Another type of POA is called Durable Power of Attorney (DPA). A DPA grants someone else the legal authority to handle your financial affairs if you become incapacitated or are otherwise unable to manage them yourself. This document allows appointed agents the ability to pay bills, file taxes, manage investments, and other financial activities. DPAs also grant these agents access to bank accounts and other assets so they can manage them as needed. 

Choosing The Right Power Of Attorney Lawyers In Michigan

When choosing an attorney for power of attorney services in Michigan, it’s important that you find one who has experience with this specific area of law and knows what documents need to be drafted and filed in order for all parties involved to stay within the bounds of the law. Be sure that any lawyer you consult with is licensed by the state bar association and has experience handling these kinds of cases. It’s best if they have had success doing so in previous cases. Additionally, it’s important that they have clear communication with their clients and understand all aspects related to creating powers-of-attorney documents before signing off on them.  

Having a power-of-attorney document is an important part of protecting yourself and managing your affairs should something happen where you are no longer able to manage them yourself. The two main types of POAs. These include a health care power-of-attorney (HCPA), which grants someone else permission to make medical decisions on your behalf, and durable power-of-attorney (DPA), which grants agents access to bank accounts, investments, taxes, etc. When looking for an experienced lawyer for drafting these documents, it’s crucial that one finds one who understands all aspects related to creating powers-of-attorney documents before signing off on them and has had success doing so previously. The Attorneys at the Van Den Heuvel Law Office have worked on these types of cases since 1992 and can help ensure all parties involved remain within the bounds set by law. If done correctly, having a power of attorney can offer peace of mind knowing should anything happen, there is someone making decisions based on what was decided beforehand. Contact the Attorneys at the Van Den Heuvel Law Office for a consultation for any POA needs.