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Questions Answered by Brent T. Geers
1 Answer | Asked in Domestic Violence for Michigan on
Q: Court tomorrow for domestic violence NEED ADVICE

Last year same exact thing happened but she didn’t show up so it got dismissed. So this is technically second one and it’s vs the state not her…. Should I take plea deal for probation or go to trial?? I know she will not show up if so but since it’s vs the state idk! Please help it’s... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

While this answer may be a little late for you, it's worth answering for anyone else in a similar situation.

The decision to go to trial is yours alone, and should be based on the strengths and weaknesses of your case and explained by your lawyer. It's foolish to go to trial...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a law where when u are arrested, That u have to be mirandized, before being charged with a crime

I was on picked up on a warrant that was issued for me that morning and picked up from work, and was never actually read my right until pretrial

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.

Only because of TV and movies do we believe the police need to...
Read more »

1 Answer | Asked in Libel & Slander for Michigan on
Q: Is there libel to place an opinion in a police report like "he is an antisocial person, who hates cops!"

If an officer takes a complaint should the complainants opinions be included in the report?

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2022

There is nothing wrong with it. A police report is not evidence; it is simply a summation of information police received. If the complaintant said that, it's proper for the police to report it. A trial will determine whether that statement is relevant and admissible.

1 Answer | Asked in Libel & Slander for Michigan on
Q: What could I do about my fiance being slandering with false allegations on social media?

Hello. I am 19 and my fiance is 21, and we're dealing with an issue. My mother and father are posting about me being missing and my fiance being a human trafficker when it's 100% false. My fiance is visually impaired and walks with a walker, and makes motivational content. My mother... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Not much you can do. For one thing, if the slander is directed toward your fiance, then only he has standing to do anything about it; you can't do it for him. And it's questionable whether what your mother is saying is libel or slander. There is very much a difference between an opinion... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can a plaintiff use duress if they signed a workers compensation settlement based on a government agency negligence

Plantiff signed a contract because a government agency did a faulty investigation. Can Plantiff use duress to void the contract?

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Unlikely. Plaintiff had an opportunity to challenge the investigation before entering into the settlement.

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Michigan on
Q: Can a person with a 24 year old Felony work in a store, Walmart, that sells guns??

I am in Michigan and was convicted of a felony in 1998. Great bodily harm less than murder. I know that it is up to the individual companies, but wondering if there is any law, state or federal , that would prevent me from working there.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Working there? I don't think so. Probably not in the gun section. You should look into, at the very least, restoring your gun rights, though.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiances case files says closed all counts have been sentenced but his probation guy is trying to charge him with

Another violation and give him more time is this legal? And how can we fight this? He was sentenced 09/09/22 and he's had 3 more court dates that they keep pushing back now it's 10/06/22. They also give no paperwork to his attorney before court but want them to take the sentence and told... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Sounds like a probation violation, which can happen. He needs to stay in close contact with his attorney, who will be in contact with his probation agent.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: Will I go to jail right away when I turn myself in for a DV charge with no bond set? My fiance was the aggressor.

I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2022

Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Family Law for Michigan on
Q: Currently get my children every other weekend just found out the father passed away.

Unsure what to do father passed away. The family is now withholding my children from me even though it’s my weekend to pick up. I called the local authorities and they stated that the family members can still withhold my children from me even if father is dead and that is a family matter and I... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

Go to the family court tomorrow (Monday) or as soon as you can. The result will depend on if you have legal custody.

1 Answer | Asked in Uncategorized for Michigan on
Q: How to get people to leave your house

They have been here 2-1/2 weeks. It appears they are professional squatters. Do they have any legal rights to stay?and what steps should I take?

Brent T. Geers
Brent T. Geers
answered on Sep 22, 2022

Did you allow them in or did they trespass to gain entry? The answer to that will determine your route forward.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can we apply for/sign a Marriage license in Michigan if we are Common Law Married in Colorado?

My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Fired because some was sore I wrote them up and complained to GM.

For the 4 years I have worked at Menards Inc. I have not had any performance or attendance issues. I am a 1st assistant and this past Sunday I wrote up a fellow manager under me for poor job performance. He was irritated. The Saturday before we were playing around and he joked with me about... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Really hard to say given the limited facts.

Generally, absent a contract or a union agreement, employment in Michigan is "at will". There is limited protection against firing, but retaliation may be a legitimate issue to address. Your problem, though, may be that by your account,...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: In the state if michigan, how long after a sexual assault report has been filed with police, will it take to get it in f

to get the paper work in front of the prosecutor?

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Depends on the facts of the case and how much investigation is required. There is no timeline. I've seen cases sent to the prosecutor a day after a report is made; I've also seen cases that take years.

1 Answer | Asked in Contracts, Family Law and Wrongful Death for Michigan on
Q: As a 16-year-old, I want to get a CSI report on the death of my mother. How do I obtain this? Can I do it myself?

The death was deemed a suicide, in 2007. I have the CSI officer's name. My mother did not have any other children, however, my dad, her husband before she died is still alive and I live with him. The case is closed.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2022

I don't think it's a CSI report you are looking for; perhaps an autopsy report? You are going to need an adult to help you get that.

1 Answer | Asked in Family Law for Michigan on
Q: A teacher made physical contact with my son at school with her body after backing him into an open locker. Its on video.
Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

What's your question? Are you alleging a physical or sexual assault occurred?

1 Answer | Asked in Probate for Michigan on
Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can you hire a different attorney instead? If so, does another notice need to be filed again, waiting another 14 days? No... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

If the reason to look for a different attorney is dissatisfaction with the timeline so far, I think your concern may be a bit unfounded at this point. It is not unusual for notices to go out, and then proof of service of those notices to be sent to the court later. 14 days is 14 days, but you also... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

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