Felony Non-Support Charges
Once again, a felony non support case goes down. The government seems to see these cases as strict liability. The Michigan Supreme Court has carved out an exception called legal impossibility. The government filed a Motion to try to preclude me taking before the jury, my client’s life circumstances. NO NO NO. The case law and now standard jury instruction do not support the government’s archaic position. Once my response to the Motion was filed, the Assistant Attorney General informed me that that were dismissing the case.
In both of cases, where the case was torpedoed, both dads were working. One lived in Appalachia and the recession just eliminated jobs. He got back on his feet and has been paying for over a year. Thousands in arrears, but still paying.
In today’s case, client has been paying since April 2017 Including a balloon payment of 5k and 13.5k and has regular income withholding . The legal impossibility defense has real legs. It can also apply to clients who are not paying but have extraordinary life circumstances Many lawyers do not understand it and simply plead their clients to felonies These convictions cause a driver’s license to get suspended and obvious impact on future employment.
I am not the right lawyer to attempt to get your child support lowered. However, if you are charged with felony non support, contact me. I understand the defense of this felony and can help.