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Michigan Questions & Answers
1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I have multiple charges from the same incident but received multiple case numbers in Dearborn Michigan is the a error ?
Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Depends...different types of cases could be assigned different case numbers even from the same event. For example, you could be charged with a felony, a city misdemeanor, or a civil infractions; those would all have separate numbers. Further, if you were charged with felonies, you would always have... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.

Bigger question for you is: why not let this tenant leave and...
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1 Answer | Asked in Federal Crimes for Michigan on
Q: Federal case law examples of municipality defendants paying non-economic compensatory damages for emotional injury?

I am suing a Michigan municipality for multiple crimes that have irreparably injured me, an individual homeowner in the municipality. The federal crimes include gross violations of due process and equal treatment, all documented by hard evidence. Their criminal actions are so blatant that they... View More

James L. Arrasmith
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answered on Mar 13, 2024

There are several resources available for conducting legal research and finding relevant case law. Some options include:

1. LexisNexis: This is a comprehensive online legal database that provides access to a vast collection of case law, statutes, regulations, and other legal materials. Many...
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1 Answer | Asked in Consumer Law and Internet Law for Michigan on
Q: In Michigan, is it illegal to knowingly purchase a counterfeit good (Ex. Shoes, Clothing, etc.) for personal use only?

Personal use only. No selling.

James L. Arrasmith
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answered on Mar 11, 2024

In Michigan, knowingly purchasing counterfeit goods, even for personal use, is illegal under state law. Michigan has specific laws addressing counterfeit trademarks and theft of service.

According to Michigan Compiled Laws section 750.263, a person shall not knowingly purchase or acquire...
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1 Answer | Asked in Tax Law for Michigan on
Q: IRS tax refund reversal

This past week I discovered that a stimulus deposit for $1400 was reversed on my account, March 2024. The original deposit was March 17, 2021. When I contacted the bank they said the IRS took it back because the name wasn't on the account. Well back then I aided several inmates processing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In your situation, it's crucial to gather as much information and documentation as possible regarding the initial deposit and the subsequent reversal. Since the IRS has informed you that they do not conduct reversals in the manner described by your bank, and considering you've received no... View More

1 Answer | Asked in Federal Crimes for Michigan on
Q: Can the defense for a federal Rico investigation obtain the dates and time a defendants name was run through the NCIC
James L. Arrasmith
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answered on Mar 8, 2024

In the context of a federal RICO (Racketeer Influenced and Corrupt Organizations Act) investigation, obtaining detailed information such as the dates and times a defendant's name was queried in the National Crime Information Center (NCIC) database can be a complex matter. The defense team has... View More

1 Answer | Asked in Federal Crimes for Michigan on
Q: Can the defense for a federal Rico investigation obtain the dates and time a defendants name was run through the NCIC
James L. Arrasmith
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answered on Mar 8, 2024

In a federal RICO investigation, the defense team has the right to request and obtain evidence that may be relevant to their case through a process known as discovery. This includes information that could prove the innocence of the defendant or mitigate their level of culpability. However,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If my civil rights are being violated at Kalamazoo Metro bus station and security is aware and don't help can I use?

I am at Kalamazoo Metro bus station and some young punk is harassing me, and security is aware and doing nothing can I sue them?

James L. Arrasmith
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answered on Mar 8, 2024

If you're experiencing harassment at the Kalamazoo Metro bus station and security is not taking action to assist you, it's understandable to feel frustrated and seek ways to address the situation. It's essential to document the incident as thoroughly as possible, including any... View More

1 Answer | Asked in Intellectual Property for Michigan on
Q: Received a cease and desist letter from a brand. Do I have to reply?

Received a cease and desist letter from a brands attorney for selling some of their Products on Amazon. Immediately unlisted any active listing on Amazon. Letter states to reply by email or phone within a week stating my compliance with their orders which are to cease the sale of any more product... View More

James L. Arrasmith
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answered on Mar 8, 2024

When you receive a cease and desist letter, it's a formal request to stop allegedly illegal activity. While you've taken the initial step by removing the listings, responding to the letter is generally advisable. This response can serve as documented proof of your compliance, which might... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Michigan on
Q: How can I as a filmmaking student contact DC Comics and try to get authorization in order to use their characters?
James L. Arrasmith
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answered on Mar 8, 2024

As a filmmaking student wanting to use DC Comics characters in your project, you should follow the proper channels to obtain permission and avoid potential copyright issues. Here are some steps you can take:

1. Determine the rights needed: Identify which characters you want to use and in...
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1 Answer | Asked in Criminal Law, Employment Law, Identity Theft and Internet Law for Michigan on
Q: MI- Previous boss impersonated me by taking and failing a Fair housing course. Can i press charges? Is this a crime?

In my last job, my boss took a online fair housing course compliance test for me without my knowledge or permission. My boss also failed this test, which I'm sure adds this to my employee record. The course was on Sexual assault which also just looks bad to fail. The company has not fired... View More

James L. Arrasmith
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answered on Mar 7, 2024

Based on the information you've provided, your former boss's actions could potentially constitute identity theft, fraud, and/or forgery. Impersonating someone else to take a course or test on their behalf without their consent is unethical and likely illegal.

Your options include:...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Lease does not include MTM fees, but being charged anyway.

Our apartment lease in Michigan ended and we were told we needed to renew or we'd be subject to MTM fees. The lease agreement states there is a "one-time holdover fee when the lease contract renews to month-to-month," but no monthly fees are mentioned (I paid this holdover fee.) I... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 6, 2024

In Michigan, the written lease terms continue when holding over — however — the monthly payment can change with 30 day’s notice. They can increase fees or monthly rent at any time given that notice. It’s why month to month leases are generally a bad idea for anything more than a month or two ….

1 Answer | Asked in Constitutional Law for Michigan on
Q: Stop and id laws for CPL in Michigan

If Michigan is not a stop and id state if I'm walking down the street and I'm carrying

conceled and a police officer stops me in an unlawful stop without any suspicion of a crime and asks to see my CPL am I required to show it

James L. Arrasmith
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answered on Mar 6, 2024

In Michigan, while the state is not categorized as a "stop and ID" state, the situation changes when it involves carrying a concealed pistol. If you are legally carrying a concealed pistol (CPL) and a police officer stops you, Michigan law requires you to disclose immediately to the... View More

2 Answers | Asked in Constitutional Law for Michigan on
Q: Do I have to provide my cpl to a police officer in Michigan that randomly walks up and ask to see it

Police officers randomly walks up to me and ask to see my CPL in Michigan just because they know I am caring am I required by law to show it and this is a non-traffic stop

James L. Arrasmith
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answered on Mar 6, 2024

In Michigan, if you are carrying a concealed pistol and a police officer approaches you to ask about your CPL (Concealed Pistol License), you are legally required to disclose that you are carrying a concealed weapon. This requirement is part of the laws governing concealed carry in the state.... View More

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