welcome to Kelley & Evanchek

Finding the right attorney can be a difficult task. Kelley & Evanchek
PC features two outstanding professionals with over twenty years’
combined experience in helping clients...Read More

Bankruptcy Lawyer

Filing for bankruptcy is designed to help people and businesses
that can no longer pay their creditors get a fresh start
and get into a better situation with their debt...Read More

Family Law & Divorce

Whether your family legal situation has to deal
with formalized marriage, unmarried domestic relationships,
or any aspect of child custody, ....Read More

Property & Business

Real estate and property law is an expansive area of law.
It includes property law and frequently overlaps
with contract law. Law that governs this area can be federal,
state, local and frequently common law...Read More

Personal Injury

Personal injuries come in all shapes and sizes.
Slip and falls, auto accidents, and malpractice are
some of the most common personal injuries...Read More

Criminal Law

Criminal cases require an attorney with extensive knowledge and skill.
Being charged with a crime is one of the scariest
things that can happen to a person in today’s society...Read More

Practice Areas

Bankruptcy

Bankruptcy

Filing for bankruptcy is designed to help people and businesses that can no longer pay their creditors get a fresh start and get into a better... Read More

Family Law & Divorce

Family Law & Divorce

Whether your family legal situation has to deal with formalized marriage, unmarried domestic relationships, or any aspect of child .... Read More

Probate, Estates & Trusts

Probate, Estates & Trusts

Probate is the legal process of administering an individual’s estate after he or she passes away. If you find yourself in the situation... Read More

Criminal Law

Criminal Law

Criminal cases require an attorney with extensive knowledge and skill. Being charged with a crime is one of the scariest things that can happen...Read More

Personal Injury

Personal Injury

Personal injuries come in all shapes and sizes. Slip and falls, auto accidents, and malpractice are some of the most common personal injuries...Read More

Property & Business

Property & Business

Real estate and property law is an expansive area of law. It includes property law and frequently overlaps with contract law...Read More

Testimonial

  • David B.

    I couldn't be any happier with the services provided by the firm. Great communication, extremely knowledgeable and confident. I intend on retaining them indefinitely for all of my family's legal needs.

  • Cindy Q

    What an excellent firm. Bryon Kelley has assisted me in an issue over the last year and I have always felt like a client with a name, not simply a number in their computer. They provide me with updates that are easy to understand for someone with no legal background and are excellent about responding to e-mails and phone calls. I would highly recommend Kelley & Evanchek, PC.

  • an_sh00

    Extremely helpful and knowledgeable attorneys: I highly recommend them.

  • David B.

    found Kelley and Evanchek to know the law, practice with confidence, and treat me with respect. I highly recommend their services for any aspect of legal need.

  • Pam C.

    I have worked with both John and Bryon. They are down to earth, explain everything in detail and seem to actually care about your situation. They stay on top of things and are quick to answer phone calls an emails. Bryon and John are wonderful to work with.

  • David B.

    I couldn't be any happier with the services provided by the firm. Great communication, extremely knowledgeable and confident. I intend on retaining them indefinitely for all of my family's legal needs.

  • Cindy Q

    What an excellent firm. Bryon Kelley has assisted me in an issue over the last year and I have always felt like a client with a name, not simply a number in their computer. They provide me with updates that are easy to understand for someone with no legal background and are excellent about responding to e-mails and phone calls. I would highly recommend Kelley & Evanchek, PC.

  • an_sh00

    Extremely helpful and knowledgeable attorneys: I highly recommend them.

  • David B.

    found Kelley and Evanchek to know the law, practice with confidence, and treat me with respect. I highly recommend their services for any aspect of legal need.

  • Pam C.

    I have worked with both John and Bryon. They are down to earth, explain everything in detail and seem to actually care about your situation. They stay on top of things and are quick to answer phone calls an emails. Bryon and John are wonderful to work with.

The Michigan Supreme Court has dealt a blow to Michigan’s mandatory minimum sentencing guidelines. For people convicted of or that have plead guilty to a felony, Judges impose sentences based upon guidelines that are weight based upon the Offense Variable (OV) and the Prior Record Variable (PRV). Thankfully the Michigan Supreme Court has put a stop to this (after 16 years). The Court made the mandatory minimums “advisory” meaning judges can depart from the guidelines with more frequency, instead of the one size fits system that has resulted in Michigan putting more people in prison for longer sentences than any of the surrounding states.

This latest opinion comes as the both Congress and Michigan legislature debates reforms to mandatory minimum sentencing.

http://www.macombdaily.com/general-news/20150729/state-supreme-court-strikes-down-mandatory-sentencing-guidelines?utm_source=WhatCounts+Publicaster+Edition&utm_medium=email&utm_campaign=MiLW+DA&utm_content=High+court+strikes+down+mandatory+sentencing+guidelines

Afraid of getting shot during when stopped by police? I know I always am. That’s why I highly recommend the article that the Detroit Free Press has published about your rights during various various police stop scenarios. For instance, what do you have to give an officer during a traffic stop in Michigan? license, registration and proof of insurance. The best advice the article gives is to remain calm. Few people have ever argued their way out of a ticket on the side of the road (in fact I’ve had more than one client argue their way into a ticket). You can read the full article here:

http://www.freep.com/story/news/local/michigan/2015/07/24/traffic-stop-michigan-drivers-rights/30615795/

It is rare in a divorce case for a Judge to throw one of the parties in jail.  It practically unheard of for the Judge to throw the kids in jail.  That is precisely what Oakland Judge Lisa Gorcyca did when she threw 3 kids ages 15, 10 and 9 in jail for the summer.  The Judge found that the mother was essentially alienating the kids from their father.  At one point Judge Gorcyca noted that their mother’s actions were very much like cult leader Charles Manson and urged the kids to research Mr. Manson.  The kids will remain in jail for the remainder of the summer and their mother is barred from seeing them until they are let out.

Parental Alienation is a very problem.  Having an experienced attorney can help if you believe that your children are being alienated by their other parent.  Contact one of our experienced attorneys at 734-397-4540

http://www.freep.com/story/news/local/michigan/oakland/2015/07/09/divorce-custody-refuse-parenting-time-juvenile-home-charles-manson/29905867/

Today the US Supreme Court rejected Michigan and other States ban on same sex marriage. In a landmark 5-4 decision the US Supreme Court Justices struck down the State bans on same sex marriage. The States primary argument in favor of the bans were that they were passed by voters (so was segregation and Jim Crowe laws) and that children would be harmed by being raised by John and Tom instead of John and Joan (because apparently we still live in the 1950’s). Always on the wrong side of the argument (he argued against the subsidies of Obama Care that were upheld yesterday) was our very own Attorney General Bill Schuette (who is also elected by voters, we here in Michigan make a LOT of mistakes don’t we?). It is unclear how long it will take the State of Michigan to begin to implement same sex marriage but 2 things are now clear 1. We’re all going to be getting more wedding invitations in the near future 2. Pre-nuptial agreements can go a long way to providing certainty should your marriage end like 50% of the opposite sex ones.

Feel free to contact our office if you have any questions about pre-nuptial agreements or estate planning.

http://www.cnn.com/…/supreme-court-same-sex-marr…/index.html

Looks like The Situation is in a Big Situation with the IRS. Yesterday, Michael “The Situation” Sorrentino appeared in Federal Court with his brother/manager, Marc Sorrentino and plead not guilty to tax evasion and conspiracy charges. The IRS alleges that the brothers failed to pay income taxes on $8.9 Million in income. The IRS claims that the brothers improperly claimed personal expenses as business expenses, including, high-end vehicles and clothing, personal grooming and direct payments from the businesses to personal bank accounts. The IRS claims are quite suspect when you consider other than having a blinged up lifestyle what else does The Situation do? I mean the flashy cars, clothes and hair are The Situation’s livelihood, next thing you know the IRS will be objecting to his overuse of a tanning bed as a personal expense. You can read the full article here:

http://www.usatoday.com/story/life/tv/2014/09/24/the-situation-indicted-tax-fraud/16156889/

The US Supreme Court today quietly allowed same sex marriages to go forward in a handful of states. The Court rejected appeals from cases involving the rights of same sex couples to get married in Indiana, Oklahoma, Utah, Virginia and Wisconsin. With the Court rejecting appeals from those states, same sex couples in Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming should also be allowed to wed shortly. The US Supreme Court’s rejection of the Appeals all involved cases where the state ban was overturned. By rejecting the appeals the US Supreme Court has quietly signaled that if a ban is upheld it will be struck down.

Alas, Michigan was not on the list because the same sex marriage ban in Michigan is still under appeal by the 6th Circuit in Cincinnati. Should the 6th Circuit overrule the lower court and decide that the state of Michigan can ban same sex marriage it appears that it would most likely be stuck down by the US Supreme Court.

http://www.theatlantic.com/politics/archive/2014/10/supreme-court-quietly-allows-same-sex-marriage-in-5-states/381129/

I’ve posted video’s from John Oliver’s show on HBO before and I have to say I love this guy. Last time he was warning of the dangers of cash advance loans. This time he delves into the hidden world of civil asset forfeitures. Civil asset forfeitures are when the police suspect that money or property are proceeds from a crime, or used in a criminal enterprise, the police can seize the money or property and keep it unless you prove that it was not ill gotten gains. Prove in this sense usually means that you have to file a lawsuit to get the money back. It is presumed that the property is from ill gotten gains if it is seized. To make matters worse, police have an interest in seizing the property because the money or property usually go to the police department that seized it. Few people ever challenge an asset forfeiture due to the time and expense of navigating the Court system. So the police are free to use the seized money or property to buy things that the department needs like, margarita machines.

You can watch the video here:

https://www.youtube.com/watch?feature=player_embedded&v=3kEpZWGgJks

It’s been awhile since I last posted and today’s post comes from that wacky guy John Oliver again. Somehow John Oliver has taken one of the most boring government hearings in the country and made them funny. The US Supreme Court does not allow television cameras in hearings. However, they do release audio recordings of the hearings after they have completed. Of course listening to US Supreme Court hearings is about as fun as listening to paint dry, so John Oliver came up with a great way to make them fun. Using dogs, yes dogs, he merged the audio from oral arguments with dogs decked out in black robes with a chicken for a stenographer. Needless to say it is very funny, the dog supreme court starts at around the 2:19 mark, enjoy!

http://www.youtube.com/watch?feature=player_embedded&v=fJ9prhPV2PI

With all the election ads running there is a race going on that few people pay attention to until the date of the election. Michigan, elects our Judges the same way we elect our legislature and executive branch, by popular vote. Generally the higher up a Judge is the less impact on our daily lives they have. This does not mean that the race is not important, (more…)

The law is most certainly evolves over time. It may be several years, if not decades, behind the rest of us in terms of technology, but it usually gets there eventually. A New York Court has allowed what is believed to be the first ever service of process via Facebook. Noel Biscocho had tried to serve his ex-wife with a Motion to terminate his child support, due to their child turning 21 (not sure why he was paying child support for a 21 year old). His ex-wife had moved and left no forwarding address and had refused to respond to attempts at communication. Mr. Biscocho also tried to get in touch with his children to try and locate their mother but to no avail. He did notice however, the his ex-wife, Anna Maria Antigua, would frequently “like” photos posted by mutual friends on Facebook. The Court agreed with him that the only practical way for him to serve his ex-wife was to do so over Facebook. So beware, the next message you get on Facebook may be from a process server. You can read the article here:

http://nypost.com/2014/09/18/judge-oks-serving-legal-papers-via-facebook/

Kelley & Evanchek, PC