Trial Level Criminal Defense
If you are arrested and held in jail because you have been charged with a crime in Wayne County, Oakland County, the United States District Court for the Eastern District of Michigan or elsewhere in Southeastern Michigan you will need an experienced criminal defense lawyer to represent you from your arraignment and bail/bond hearing through your trial. There is no substitute for experience. Your future will depend upon the level of experience and ability of your defense lawyer.
Michael McCarthy has represented people charged with felonies and misdemeanors for over thirty years. He has conducted many jury trials on crimes as serious as murder, robbery and criminal sexual conduct (rape) and for less serious crimes, such as assault, retail fraud and drunken driving. All criminal cases require an experienced, qualified lawyer who is well informed on the law, well acquainted with the courts and legal procedure and skilled in both pretrial negotiations and trial practice.
Michael McCarthy has the experience and skill necessary to represent a person charged with one or many crimes during all stages of the criminal process including arraignment, bond hearings, evidentiary hearings, pretrial motions, pretrial negotiations, trial by jury or bench and sentencing.
Appellate Level Criminal Defense
If you are convicted and sentenced for a criminal offense, either a felony or a misdemeanor, you can seek relief through the appellate courts. If you are convicted following a trial in Michigan you have a constitutional right to appeal your conviction and sentence in the Court of Appeals. If you are convicted by a plea of guilty or no contest you still have the opportunity to seek appellate relief.
Appellate cases, like trial level cases, require an experienced, qualified lawyer who understands not only the law but also the complicated rules of appellate procedure. Inexperience has often led to the dismissal of a meritorious appeal due to appellate counsel’s failure to understand and comply with those rules.
Michael McCarthy has the experience and skill necessary to represent criminal defendant appellants who have been convicted and sentenced during all stages of the appellate process before the Michigan Court of Appeals, the Michigan Supreme Court and the United States appellate courts in order to seek the reversal of a conviction and sentence, the modification of a sentence or any other appellate relief that is not only appropriate but also possible.
Probate/Estate Litigation Practice
The transfer of the property of a deceased person who dies with or without a will often requires that a decedent’s estate be opened in the Probate Court. Many people fear that such a process will be lengthy and expensive. Proper representation by an experienced and skilled probate attorney will avoid both unnecessary delay and unnecessary expense.
The proper care of disabled and/or incompetent people often requires the appointment of a guardian and/or a conservator to make informed decisions regarding the physical placement and treatment of the person and the proper administration of their assets and property.
During the past thirty years Michael McCarthy has gained the experience necessary to guide clients through the probate process in decedent’s estates, guardianships and conservatorships in the Wayne County Probate Court, the Oakland County Probate Court and in the other probate courts of Southeastern Michigan. He is well experienced in the preparation and presentation of applications, petitions, annual accounts and annual reports as well as in conducting hearings before the Probate Courts of Southeastern Michigan.
The efficient and inexpensive transfer of a family’s wealth from one generation to another is one of the basic concerns of most people. Proper estate planning will take the worry out of the future. Throughout more than thirty years of practice Michael McCarthy has been engaged in the preparation of wills, trusts, powers of attorney, designations of patient advocate and other estate planning documents. His clients and their families have enjoyed the advantage of relying upon properly prepared documents that contribute to an overall and well focused estate plan; thereby taking the uncertainty and worry out of the future and providing for not only death but disability.
Michael McCarthy has represented many clients in divorce litigation throughout the more than thirty years he has been in practice. That representation included suits for divorce and separate maintenance from the preparation of a verified complaint through all pretrial proceedings, Friend of the Court appearances and litigation, settlement negotiations, determinations of alimony and child support, determinations of marital property division and settlement, and final judgment.
The questions of child support, child custody and parenting time are all subject to modification long after the divorce judgment has been entered. Mr. McCarthy is experienced in litigating these issues before the Oakland County Circuit Court, the Wayne County Circuit Court and the other circuit courts of Southeastern Michigan.
General Civil Litigation
When you have a claim for damages against a business or an individual or are being sued by a business or another individual you will need to be represented by an experienced litigator. During the past thirty years Mr. McCarthy has represented many plaintiffs and defendants in civil suits for breach of contract, personal injury, landlord-tenant, real estate disputes and other suits for specific performance and injunctive relief.
Being involved in a lawsuit can be emotionally disturbing and frightening. It is best to retain an experienced attorney who understands civil litigation and is familiar with the courts in Southeastern Michigan in order to have peace of mind and confidence while pursuing your claim or defending against the suit brought against you by another party.
Mr. McCarthy has represented many small businesses during the course of his career in many different aspects of their daily operations. Those aspects include employer/employee relation problems, real estate issues, business disputes, contract litigation and collections.
A business owner must be focused on the nature of his or her own business in order to achieve and maintain success. If legal issues or disputes arise it is best to have those matters placed in the hands of an experienced attorney who can properly represent the business and its legal interests. Michael McCarthy has been providing such legal representation and advice to small businesses throughout his career.
Real Estate Transactions
A part of Mr. McCarthy’s practice has always included the buying and selling of real estate. He has represented buyers and sellers of single family residences, condominiums and apartment buildings. He has also represented buyers and sellers of business properties including warehouses, office buildings and factories. Mr. McCarthy’s practice has always included the representation of both residential and commercial landlords and tenants.
The most significant investment that most people make is the real estate they own. This includes the family home, a vacation home, residential purchases for investment and commercial property. Real estate transactions, mortgages, refinancing transaction and leases are all matters that involve complex legal issues and substantial financial interests. Such matters require the advice and counsel of an experienced professional. That is a service that Mr. McCarthy has provided to his clients since 1979.