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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Environmental for Michigan on
Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu

have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 3, 2021

You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.),... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Act 451 of 1976 Sec 1307b subset (H) Any Restraint the negatively impacts breathing. Can we opt out of mask wearing?

I'm concerned for my son wearing a mask 8 hours a day in school (the currently requirement) Can we opt out of mask wearing and be protected under this law?

Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

No. That statute applies to school personnel and what can be done to students within the school. School officials have an obligation to follow applicable laws. The mask mandate comes from county health departments. School officials must follow those orders, and they would be acting under color of... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: Michigan,,,,How long do i have to press charges against someone who assaulted me,,,,,,I do have a police report

I live in an apartment building where i was assaulted,,,,I did not press charges,but was asked,,because i did not want to cause trouble.One week later i received an eviction notice,,,The man who assaulted me is dating the landlords sister,,,,nothing is being done to him...Their was another assault... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 30, 2021

You could contact the police again and let them know you now want to press charges, although the prosecutor may elect not to pursue it given that your changed mind.

You could challenge the eviction. But do you want to continue living with a landlord like this?

1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: Where does Congress get its constitutional authority to pass federal criminal and civil laws? Congress has the enumerate

authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 29, 2021

Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: My son stole my car title and gave it to his grandfather. (Due to him thinking I owed his grandfather a debt.

I attempted to file charges on him today. Officer refused, because he said, I should have filed 2 months ago, when I found out. I wasn't sure 2 months ago. Today, I am sure. What recourse do I have? My son is 29 and has not lived with me for 7 years.

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Has the title been signed over to grandfather? In other words, did your son forge your signature? If he just stole the physical title, you can get a new title from the Secretary of State. If you do discover that a title has been actually signed over, I would think the police would be more... Read more »

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Communications Law for Michigan on
Q: My landlord came to mobile home the other day, to set up a rent payment plan.(As the owner does not want to be a part

Of the Gov.Cera plan, or MSHDA. He proceeded to tell me how he doesn't think I have a disability, I should go back to work

He's in pain everyday and he works, He doesn't feel as tho anyone should be on disability.Any insight, Because I'm really

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Are you already renting under MSHDA or some other program? Your landlord does not get to decide if you are disabled or whether you qualify under any program.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Michigan on
Q: can i request a new attorney if mines is working with the judge to prolong my kids coming home even if i did everything

my attorney is supposed to work in my defense but shes working with the judge to keep my kids in foster care, even after me completing everything they have asked of me. my last court date was a total mess. nothing was accomplished o n their end so its like they are stagnating me. like i said before... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2021

Child protective proceedings are an entirely different process, and decisions to move or reunite children are not made quickly. If you are 90 days into the case, I would actually be shocked if you said the court returned the kids to you that quick. The idea is that the court needs to see stability;... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I sue a hospital for discrimination?

I spoke to a few attorneys who told me that the law protects drs during this period due to COVID 19 to an extent anyway, however I am curious if they are protected against discriminating against their patients also? I was very clearly neglected and discriminated against but I can not get anyone to... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 23, 2021

Not sure you have a discrimination case so much as you might have a malpractice case. Your question does not make clear how you believe you were discriminated against; it sounds like the ER doctors made a medical decision. Whether opting not to perform surgery was the right call is something only... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Can I be prosecuted for assault when I told a drunk to leave my property several times and he refused to leave?

Told drunk to leave my door several times, he refused, it got physical, he kicked my storm door in. I was charged with assault, while in my home, a month later. He was arrested for dui and trespassing that night. Local prosecutor is trying to silence me. I had been disagreeing with her prosecution... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 16, 2021

Do you have an attorney? I probably don't need to tell you that you're not going to get very far with the approach you are taking. Focus on your case and your set of facts; It will get you nowhere talking about what the prosecutor could've, would've, should've with other... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Libel & Slander for Michigan on
Q: Can I file a lawsuit against someone for defamation of character and discrimination?I have proof ? Accusing me of crime

A supervisor at my old job is accusing me of committing a crime of vandalism on his vehicle, there is no evidence against me but I have messages of him calling me a criminal saying and also telling people it was me who committed the crime of a vandalism act to his vehicle , he even reported my name... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 5, 2021

You probably could take him to court, but unless you have provable damages, I don't know what good it will do. Defamation and any civil claim is different and carries a different burden of proof than a criminal case.

1 Answer | Asked in Employment Discrimination and Civil Rights for Michigan on
Q: Can I sue a company for wrongfully accusing me of a crime I did not commit ?

My old job is trying to say I committed a vandalism act against a car in their parking lot, no evidence against me or no proof of me being there just going by hearsay and blaming me for it , can I sue ?

Brent T. Geers
Brent T. Geers answered on Mar 4, 2021

Whenever someone talks about suing someone, we first must ask the question: what are the provable damages? Have you been turned down for other work?

Keep in mind that we're not talking about a criminal case here. No one needs to prove anything beyond a reasonable doubt. You would be...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Environmental for Michigan on
Q: R299.922(q) Civil Infraction Question

I received a civil infraction bt the DNR (Department of Natural Resources) in a state park. The Civil infraction is R299.922(q). I am trying to understand the penalties that come with this CI as the ranger said it was just a fine but I want to make sure it doesn't show up on my driving record... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

A Michigan attorney could advise best, but your post remains open for a month. As a general matter, each state might operate differently in terms of what their Departments of Natural Resources (or Environmental Protection, Wildlife, Fisheries, etc.) share with their Departments of Motor Vehicles.... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I live in Coldwater Michigan and I want to get my gun rights restored, but my convictions are in NJ & NY what to do?

Last conviction was April 29, 2004! Do I apply here in Coldwater Michigan or do I apply in NY & NJ?

Brent T. Geers
Brent T. Geers answered on Feb 17, 2021

You would need to apply here in the court you were convicted in. That will restore your gun rights while you are in Michigan. However, if you want to purchase firearms from a dealer with a federal firearms license - including Cabelas, etc., - you will need to complete a similar process in NY, NJ,... Read more »

1 Answer | Asked in Civil Rights, Consumer Law and Identity Theft for Michigan on
Q: My account was hacked then banned and the company who runs the service refuses to help, should I seek legal action?

I am not sure if i should get in contact with a lawyer about this issue due to not knowing if legal compensation is possible but i want to exhaust all my options. in short I have an account with the company Activison-blizzard (the people behind games like Call of Duty) this account was compromised... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 11, 2021

What damages have you suffered? Has someone used this data against you? Has someone stolen money? Without actual damages, it's going to be tough finding a lawyer to do much more. I'm not sure how you'd be able to show them being complicit in data theft, let alone fraud, if the breach... Read more »

2 Answers | Asked in Civil Rights for Michigan on
Q: daughter went in to police custody had no bruises hospital report done while in custody,came out multiple bruises
Brent T. Geers
Brent T. Geers answered on Feb 8, 2021

What is the question? If your daughter is alleging police misconduct, a report should be made to the arresting police agency, or if occurring while within jail, to the sheriff's department that runs that particular jail.

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1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: What if any crime is the result of consistent and intentional harassment? Eight years worth so far

I’m being approached by messengers telling me that this male plans to never stop plus he hates me. He lies to justify his actions by telling others that I broke into his home 2019 and I robbed him at gun point 2020. This started after my rejecting all of his advances to spend time with me away... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 15, 2020

To start, you should petition the court for a personal protection order.

1 Answer | Asked in Contracts, Business Law and Civil Rights for Michigan on
Q: LLC is suing a Member. Does the Member have to be represented by counsel to defend their own interest. Not the LLC

LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.

That said, it is best generally best...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Michigan on
Q: I was tried as an adult at 16 on a drug charge, should I sue the state for sending me to prison underage.
Brent T. Geers
Brent T. Geers answered on Oct 5, 2020

I don't think you have a valid claim to sue the state for sending you to prison on an adult conviction. Many people under 18 are incarcerated in prisons in Michigan as well as just about every other state.

1 Answer | Asked in Traffic Tickets and Civil Rights for Michigan on
Q: Why is there a hold on my car at the impound lot, i got pulled over on the 9th sept 2020. No insurance.. So they towed

It, now as of this day sept 24th 2020 i found this out, now they are telling me call tomorrow business hours, public safety dept told me they will get the officers that pulled me over to call me, keep my phone close.

Brent T. Geers
Brent T. Geers answered on Sep 25, 2020

At this point, the only ones who can tell you why there might be a hold is the police department because they are the ones who would have put the hold on. Call or wait for them to call you.

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