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KF LEGAL NEWS

WE’VE MOVED

Hello Everyone,

K.F. Legal has expanded into a larger location in Southfield. We love the City and it will always be our home but our expansion had different requirements. We look forward to continuing to serve your family, criminal and civil needs. We are located at:

The Regency Office Park
27760 Franklin
Southfield, MI 48034

CPS: General Procedures and Policy

Our firm has noticed what appears to be a significant increase in the number of CPS cases. Here at K.F. Legal Consulting, we believe clients need to be informed about the general principles and procedures that are greatly affect your family. Being aware of this increasing need, we have created a video to explain the process to you. Please feel free to contact us for specific questions about your case. Please go to www.facebook.com/KFLConsulting/ to view the video!

Congratulations To Attorney Kiana Franulic For Being Selected As A 2016 SuperLawyer Rising star.

Congratulations to Attorney Kiana Franulic for her selection as a Super Lawyer Rising Star. This honor is extended to only 2.5% of attorneys practicing in Michigan. It recognizes attorneys who have attained a high degree of peer recognition and professional achievement. Congratulations, Kiana! Here is a link to the digital magazine!

http://digital.superlawyers.com/superlawyers/mislrs16?pg=45#pg45

Congratulations To Attorney Kiana Franulic for Being Named Top 10 in Client Satisfaction

Congratulations to Attorney Kiana Franulic for being named 2016 “10 Best Attorney” By the American Institute of Family Law Attorneys.

The American Institute’s Family Law Division recognizes excellence of practitioners in the field. We compile an exclusive list of the “10 Best” Attorneys for each State. Some States depending on size and population density may be broken up into City or Region to be more applicable to potential new clients who utilize this site when looking for an Attorney. The “10 Best” is a prestigious honor for the Attorney as each Attorney must:

Be formally nominated by the Institute, client, and/or a fellow Attorney;

Have attained the highest degree of professional achievement in his or her field of law; and

Having done so with an impeccable Client Satisfaction rating.

Congratulations Again.

Congratulations To Attorney Kiana Franulic for Being Named a Top 100 Black Lawyer

Congratulations to Attorney Kiana Franulic. She has been selected as a Top 100 Black Attorney by The National Black Lawyers Association. The National Black Lawyers – Top 100 is an invitation-only professional honorary organization composed of the Top 100 Black Lawyers or Non-Black Attorneys that promote diversity from each state who serve individuals, families and businesses needing attorneys to represent them in the American legal system. Members of The National Black Lawyers – Top 100 exemplify superior qualifications of leadership, reputation, influence and performance in their area of legal practice.

Congratulations again for maintaining excellence in your services.

Congratulations to Attorney Kiana Franulic

Congratulations to Managing Attorney & Realtor Kiana Franulic for independently managing and brokering the sale of 24101 Novi Rd. This commercial property has over 15,000 sq ft of of multi-use space and located conveniently located nears banks, restaurants, Twelve Oaks Mall and The Twelve Mile Crossing at Fountain Walk. If you are interested in locating commercial or residential property to fit your needs, please give our office a call at 248-382-8475.

http://www.loopnet.com/Listing/17096302/24101-Novi-Road-Novi-MI/#

Is your deferred criminal case really removed from public eye?

You were young and made a mistake. Your defense attorney told you about a great first time offenders plea that will allow you to keep your record from the publics eye. That was music to your ears. You take the plea and finish the program. Whew. Now a few years later, you have graduated from college with a Criminal Justice degree. You want to put your experience and education to use and now you are applying to work for the Michigan Department of Corrections. You feel confident about your grades, references and know that you have a clean criminal history thanks to the plea agreement you took. Then you receive a call from the Human Resources Department. They inform you that because you were not truthful on your application and disclosed your criminal past, you are no longer a viable candidate. You plead that the matter is not a conviction and was not supposed to be on your record, but to no avail, you are denied employment. How could this have happened you wonder. You thought your records were closed. Had you applied prior to January 1, 2014, you would have been correct, but there were changes to the law that now creates additional collateral consequences for you. 

Prior to January 1, 2014, individuals sentenced under many first time offender statutes would have their crime hidden from the publics view with the exception of the courts, the prosecutors office and law enforcement. This ensured individuals that there mistake would not haunt them in their future employment  and educational endeavors. It also ensures that your past crime does not count against you in sentencing in a future crime as it is not considered a criminal conviction. Now the law has been expanded to include the Michigan Department of Corrections. This expansion of the law may seem small but it could have a grave impact as evidenced in the scenario above. Additionally, with this change, one must ponder how much further will the State go in expanding the view of the “hidden” record. As it stands now, the dismissed crime is hidden from law enforcement from other states, but that coud be the next protection removed. What prevents the State legislature from expanding the visibility of this hidden case to law enforcement, department of corrections, courts and prosecutors of other States. If that expansion takes place, is it really removed from the publics eye? If you find yourself in a matter where one of these special deferred pleas are available to you, truly ponder if this collateral consequence will cause a ripple in what appears to be calm waters. Talk to your attorney about what plans you have for your life and whether or not the plea is truly the best thing for you. In the end, it might be, but knowing all of the consequences prior to your decision is critical to protecting your future.  

Here is the link to the legislation.

Ammunition + Previous Felony = Felon In Possession Charge

House Bill 4715 which was enacted as Public Act 4 of 2014 became effective May 12, 2014. Under the amendment to MCL 750.224f a person who has a felony conviction can be now be convicted of felon in possession for merely possessing ammunition without necessarily possessing a firearm at the same time. MCL 750.224f now includes the following language:

 

“(6) A PERSON WHO POSSESSES, USES, TRANSPORTS, SELLS, CARRIES, SHIPS, OR DISTRIBUTES AMMUNITION IN VIOLATION OF THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH. (7) ANY SINGLE CRIMINAL TRANSACTION WHERE A PERSON POSSESSES, USES, TRANSPORTS, SELLS, CARRIES, SHIPS, OR DISTRIBUTES AMMUNITION IN VIOLATION OF THIS SECTION, REGARDLESS OF THE AMOUNT OF AMMUNITION INVOLVED, CONSTITUTES 1 OFFENSE.”

 

In Michigan, possession does not necessarily mean actual possession, i.e. on your body, but it also means constructive possession. Constructive possession is when the firearm, and now the ammunition, is deemed to be within your dominion and control. As a result of this amendment, if you now have ammunition, even a single bullet, in your belongings, you will likely be charged with this offense if you have a previous felony. It adds another bite to the apple for a charge/arrest/conviction for law enforcement. Previously, if you did not have the actual firearm, but possessed ammunition, you could not be charged. This unfortunately will likely have the effect to create even more habitual offenders and another gun charge to add to the trilogy normally charged – Carrying Concealed Weapon, Felony Firearm and Felon in Possession.

If you believe that you or someone you know may be facing these charges, contact K.F. Legal Consulting, PLLC for a consultation to discuss your case and your needs.

                                                                                                           

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