Matthew M Walton P.C

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Family Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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Phone: (586) 463-9400

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Mount Clemens, Downtown Mount Clemens

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Walton Matt LPA

Walton Matt

Matt Walton Lpa

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Family Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Attorneys, Bankruptcy Law Attorneys, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Foreclosure Services, Juvenile Law Attorneys, Legal Service Plans, Malpractice Law Attorneys, Medical Malpractice Attorneys, Personal Injury Law Attorneys, Traffic Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (586) 469-9400

Address: 93 S Main St, Mount Clemens, MI 48043

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Matthew M Walton P.C

Divorce
Child Support
As noted above, determining exactly how much support one can expect to pay or receive is complicated and involves a variety of factors but the “best interest of the child(ren)” test is not merely lip service to higher principles. The Court will strive to fashion a child support order that is designed to help the child(ren) by ensuring the custodial parent has enough by taking into account any and all factors in play. For instance, if the custodial parent (the parent having primary custody of the child(ren)) is only able to have minimal employment because of child care, they may necessarily be entitled to more child support than someone with better circumstances.
Child Custody and Visitation
Any dispute involving personal relationships can be emotionally fraught, which is why it is important to have a skilled family law attorney on your side. One commonly contested area of family law is child custody. Michigan follows the Uniform Child Custody Act (UCCA). Generally, courts will approve arrangements to which both parents agree, but if the parties cannot come to an agreement, the court will become involved. Family law proceedings are nuanced and fact-specific, but judges will emphasize “the best interests of the child” when making custody determinations. This may involve the child’s preferences, depending on the age of the child, but those are not necessarily dispositive even when the child is mature enough to state a preference. Divorce
Adoption
Divorce - Pre-Nuptial Agreements; Post-Nuptial Agreements; Step-Parent Adoption; Legal Separation (separate maintenance agreement); Paternity; Child Custody; Child Visitation; Child Support and Spousal Support (alimony); Post Divorce Enforcement and Modification; Moving a child more than 100 miles from home (domicile); Grand Parents Rights; DHS Petitions for Abuse and/or Neglect and Delinquency Law; and the preparation of Wills, Trusts, Guardianships, Conservatorship and various other “probate” matters that at some point int time affect the average family.
Paternity
Divorce; Legal Separation; Paternity matters; Child Custody; Child Support and Spousal Support; Visitation; Grand Parents Rights, Juvenile law - delinquency, neglect and abuse, etc.
Guardianship
For further information, or for questions regarding the types of law Mr. Walton is experienced in - call Matthew right now or feel free to use the " Contact Us " page!
Spousal Support
A common concern of clients facing divorce is whether they can expect to pay or receive spousal support, also known as “alimony”. The answer to this question is always complicated, as there’s no bright line rule for when a party is entitled to spousal support.
Legal Separation

Criminal Defense
Matthew M. Walton has over 25 years of experience serving Michigan residents in matters related to criminal charges and family law proceedings. He has handled thousands of matters throughout his career and is committed to making the legal process understandable for the average person and keeping his legal fees affordable. As a Macomb County criminal defense lawyer, Mr. Walton understands that his clients and their families have many questions and concerns when so much is at stake. His client-centered approach helps the people whom he represents know what to expect at each step of the process. Mr. Walton meets personally with prospective clients at an initial, no-cost consultation and handles all of his cases himself. While he is based in Macomb County, he is available to take cases in numerous surrounding counties. If you need a criminal or family law attorney with affordable fees and decades of experience, look no further.
DUI/DWI
The expansion of state power into various areas of the citizen’s life has resulted in the criminalization of behavior previously not considered criminal. A 115 pound woman who consumes two glasses of wine and drives a car or boat is “drunk” under the latest drunk driving laws. If her kids are in the car, a more serious crime and possible involvement with the Department of Human Services (Formerly FIA) can be expected.
Wrongful Death
Personal Injury - including all injuries; dog bite; Car Accidents/Auto Negligence claims, tractor trailer, boating, motorcycle; Wrongful Death; Medical Malpractice; Slip and Fall cases; Libel and Defamation; Assault and Battery and other Intentional Torts; Work accidents; Product Liability etc.
Traffic Violations
Criminal Law - all Felonies and Misdemeanors; Drunk Driving (DWI, OWI); Driving While License Suspended; DLAD Appeals and License Restorations; Assault; Domestic Violence; Assault with a Dangerous Weapon; Home Invasion; Breaking and Entering; Entering without owner’s permission; All Drug Crimes including use, possession, delivery, manufacturing and trafficking in Marijuana, Cocaine, Heroin and Oxycodone; Ecstasy etc.; Operating a drug house and Forfeiture actions; All theft crimes including armed and unarmed robbery; Uttering & Publishing; Unlawful credit card use; Identify Theft; License Restoration and traffic violations; all gun crimes including CPL appeals; Expungement and Motions to set aside Plea and/or conviction and defending children accused of a crime (Juvenile Court).
Robbery
Theft
Misdemeanors
In Michigan, as in other states, crimes are generally classified as either misdemeanors or felonies. Felonies are more serious and can result in more jail time, fines, and other penalties. However, both misdemeanor and felony charges need to be handled carefully because the collateral consequences of having even a minor conviction on your record can involve job loss, housing difficulties, and other serious complications.
Drug Crimes
If you have been arrested and charged with a drug crime in Michigan, you may be facing serious penalties, including potentially decades in prison. Michigan has strict drug laws, but the assistance of an experienced attorney can help get the charges reduced or dismissed in many situations, depending on the specifics of the case. Matthew M. Walton is a Macomb County drug crime lawyer who has handled thousands of cases over the last 25 years and is knowledgeable in the defenses and other strategies potentially available to the accused. Michigan Drug Crime Classifications and Penalties
Assault
Many people come to me facing assault charges in various contexts. It’s important to note first and foremost that what people commonly consider “assault” is slightly different than what the law considers assault. The term assault doesn’t necessarily mean hitting someone. Michigan defines assault loosely as any intentional, unlawful threat or offer to do bodily harm or injury to another by force. The person being assaulted must have a well-founded fear of imminent peril and the person assaulting must have the apparent ability to carry out the act. Battery is the actual consummation of the act, hence why Michigan and other jurisdictions often refer to assault crimes as either “assault” or “assault and battery.”
Murder
As noted above, assault crimes often hinge on the showing of intent. For instance, assault with becomes a far more serious crime when it can be shown the person committed simple assault (discussed above) but intended to do “great bodily harm less than murder”.
Juvenile Crimes
Homicide
In Michigan, the penalties for misdemeanors include a maximum of two years in prison and fines of up to $2,000. Misdemeanors are further divided into three separate categories: 93-day misdemeanors, one-year misdemeanors, and high court misdemeanors. Misdemeanors range from disturbing the peace, a 93-day misdemeanor, to negligent homicide by vehicle, a high court misdemeanor. Felonies are categorized differently and range from a Class H felony (the least serious) to a Class A felony (the most serious). The felony classification also determines the potential applicable penalties, with Class A felonies being punishable by up to life in prison and Class H felonies being punishable by a moderate amount of jail time or alternative measures, such as probation. As a criminal defense attorney in Macomb County, Matthew M. Walton can explain the consequences that you may be facing and devise a strategy to fight your specific charge.
Shoplifting
1. Retail Fraud is a form of larceny that includes what is commonly considered shoplifting, but encompasses a variety of situations including switching tags on an item or misrepresenting the price of an item with the intent not to pay, or to pay less than the item actually costs. Retail Fraud, like other forms of Larceny, comes in degrees of seriousness and can be either a misdemeanor or a felony based on both the value of property stolen and other circumstances. The difference in degrees basically refers to the value of the property stolen and range from third degree (the least serious) to first degree (the most serious). Additionally, if the property stolen is not returned or returned in a way that is worth less or nothing at all, a person who commits retail fraud in Michigan is potentially civilly liable to the owner of the store for the full value (called retail value) of the property stolen and sometimes more. The store owner will often send a demand letter, a sample of which is provided in MCL § 600.2953 which insists that they be paid back or they will bring civil charges.

Personal Injury
Fees - Personal injury files are generally taken on a contingency basis - 1/3 of any recovery paid to my firm and 2/3 for the client. Other matters are generally taken on an hourly basis with an agreed upon retainer and monthly billing, if necessary.
Medical Malpractice
I graduated from Detroit College of Law, now Michigan State University Law School and passed the Bar in 1991. I started my own law practice in 1996 after having worked for several years for the Macomb County Circuit Court as a "research attorney") (Ghost writer) and then in a 100+ attorney law-firm as part of a medical malpractice defense team. Prior to attending law school, I owned a business which, on occasion, involved the hiring of attorneys. My life experiences including working for the courts and ghost writing over 500 judicial opinions as well as defending the local hospitals and medical staff led me to understand that the legal process was expensive and confusing to most people.
Auto Accidents

Trusts and Estates

Wills
In short, my practice concentrates on those areas that most people will encounter directly or indirectly through their children, spouses or family members, during their lifetime.
Trusts
Probate

Foreclosure
People v. March, 499 Mich. 389 (2016), cited above, the Supreme Court of Michigan addressed a case in which a homeowner removed (i.e.: “stole”) a variety of items from his home after a foreclosure sale. The court first noted that generally a person in “rightful possession” of the property cannot steal it. However, because the foreclosure sale operated to vest legal title of the items in the home in the purchaser at the foreclosure sale, rather than the homeowner, the question was whether the homeowner could “steal” property that he had purchased and owned but was transferred to the purchaser of the home at the foreclosure sale. The court ultimately ruled that the homeowner was not guilty of larceny and could not have stolen the property because no other party had “rightful possession” of the property at the time the defendant removed the items. The purchaser at the foreclosure sale only had a “contingent” interest in the property that would have given the purchaser “rightful possession” only after the homeowner’s right of redemption expired and the purchaser took actual possession of the home. In other words, because the homeowner remained in the home the “theft” could not be said to be “trespassory”, a necessary element of larceny charges.

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