Consent Decree Questions
What is a consent decree?The definition of a consent decree is as follows: A consent decree is a legal arrangement where the judge agrees to drop the charges against someone who has not admitted to their guilt. A consent decree can also be where two parties have a mutual agreement. A consent decree is legally binding and can result in legal questions. Below are five of the most common questions about consent decree, answered by Lawyers on JustAnswer.
In a consent decree, if someone agrees to pay the full mortgage payment and doesn’t, can the other person be liable for the foreclosure?In most cases, they can be held for responsible if their name is present on the deed. However, they may also be able to file a claim against the defaulting person. They can go to the court and request that there be a “foreclosure” on them before the mortgage company does. Sometimes, nothing other than a bankruptcy can have the name removed from the mortgage. However, individual circumstances can determine the best course of action and one easy way to determine that is to ask a Lawyer on JustAnswer. Their Expert assessment of your circumstances and legal insights can help you find the right legal direction.
If a juvenile is being charged with a felony, and they are talking about a consent decree, will it be on the juvenile’s record?Usually, under the consent decree process, the court would order for the juvenile to remain in their house under certain conditions that are discussed with the Juvenile Probation Officer and all the parties that were affected. If there is a conviction, then there will usually be points on the record. However, if there is a consent decree and if the juvenile completes the terms of the consent decree, then the offense would be taken off the record.
In the state of Michigan, if a divorce consent decree limits a number of years to alimony, can it be changed?In Michigan, usually spousal support can be changed either through a court order or through mutual agreement, even if there is a consent decree. For it to be non-modifiable one must file a document to make it non-modifiable and both parties would have to agree to it. For more information on consent decree and how it may apply in your case, you can ask the Lawyers on JustAnswer.
After being charged with a felony and agreeing to a consent decree why would the felony show up when applying for a government job, if the charge was supposed to have been removed?When applying for government jobs, they usually have the right to see all charges, even the ones that were removed. The federal government uses a system called NCIS and charges are never sealed or removed for these purposes alone.
What does it mean if someone is accused of an antitrust violation and signs a consent decree?If someone has signed a consent decree upon being charged with an antitrust violation, it means that they agreed to commit a wrongdoing. This kind of violation usually means that they have been charged with price fixing or incorrect actions.
Many questions can arise when a consent decree is involved. You may not know your rights, the exact implication of a consent decree, or why some of the charges are still on the record after agreeing to a consent decree. There are times when you may be not fully aware of what you are signing and the legal implication of signing a consent decree. One way to get a better understanding is to bring your consent decree questions to Lawyers on JustAnswer.