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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can I sue the police for singling me out and arresting me in 2017 for jaywalking?

I slightly altered from the cross walk and cut the curb but as I was getting accused I pointed out another doing the same. They jailed me for jaywalking but questioned/detained me for suspicion of a drug transaction at the gas station across from where I was stopped

Brent T. Geers
Brent T. Geers
answered on Apr 3, 2022

No. Someone else doing a crime is no defense. If you have concerns about police conduct, you should start by filing a complaint with the arresting department.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I was with my girlfriend at the store I go back out to the car then she comes out a lot of cops come are they aloud to

The car on privet property it's not running and she's not in but I'm the passenger are they aloud to search me

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

Depends on what they saw and why they were there.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Michigan on
Q: How to get your title back from a bail bonds men?

Son got in trouble on July 20 2018 they did not have enough cash for bond so they gave title of a 2001 dodge ram 1500 to bonds men they bailed him out. Nov. 2018 son was sentenced for 3 years in prison, son got paroled to my house on Nov. 2021, end of Feb. Son decided to sell truck couldn't... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

Apply for lost title with the secretary of state.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: In Michigan, do police officers have authority to search a locked container in the trunk of my vehicle that son drives?

Suppose my 17/18 year old son is pulled over by a police officer and the officer suspects use/possession of THC or nicotine and asks to search the vehicle. Keep in mind there is a locked container in the trunk of the vehicle.

Scenario 1: my son denies permission for a search. Does the... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 6, 2022

A proper search is premised on either a warrant exception (e.g., for vehicles, that is usually "plain view"), a warrant with probable cause, or consent. The police are always free to ask for consent to search.

In both your scenarios, I could see the police confiscating the box; I...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: In Michigan, do police officers have authority to search a locked container in the trunk of my vehicle?

If consent for a search is denied, but the officer has probable cause, are locked containers in the trunk subject to search? What if the key is not available to unlock the container?

Brent T. Geers
Brent T. Geers
answered on Mar 5, 2022

Search challenges are fact-dependent. No real way to say "yay" or "nay" without seeing the reports and knowing what the container was and what the police had reason to look for.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Michigan on
Q: I work for F.O.E. in Michigan. The Trustees are constantly making sexual comments and actions while I'm working.

My hours have been cut since I don't respond to their advances. There is no HR Dept. I'm unsure what to do about it..besides job hunting. Who can help me?

Brent T. Geers
Brent T. Geers
answered on Feb 18, 2022

You're in a tough spot. Is there a state-level office you could contact? You might want to start there.

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: Can police,courts and prosecutors be charged with violating oath of office and citizens constitutional rights?

Violations of 2nd,4th,6th and 8th under the bill of rights. Illegal search and seizure, destroying evidence, dereliction of duty, excessive force and death threats and much more.

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

Police, courts, and prosecutors have various levels of governmental immunity that makes it extremely hard to sue them without a clear and very intentional violation.

2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... Read more »

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

If you were an employee, maybe this is a wage and labor issue?

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Is COVID a viable exemption to the right to a speedy trial?

My fiance is in jail in Michigan for a crime committed there. He's in the COVID quarantine pod and has missed his probable cause hearing twice, another man in the pod missed his 5 times, although he's no longer positive for COVID. Is this a violation of his right to a speedy trial?

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

No, but there may be other actionable problems here. Generally, there is a right to have the actual preliminary examine within 21 days of arraignment unless waived, or upon "good cause" by the court.

1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

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

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
Read more »

1 Answer | Asked in Family Law and Civil Rights for Michigan on
Q: How does one use genetic testing to prove paternity without a court order?

Is it true establishing that a positive genetic test is a conclusive method of determining paternity, if certain conditions are met and without requiring a court determination?

Brent T. Geers
Brent T. Geers
answered on Jan 13, 2022

For legal purposes? You cannot establish paternity without court order, unless you are married to the mother at the time, or you both sign an acknowledgement of paternity.

1 Answer | Asked in Civil Rights, Elder Law and Probate for Michigan on
Q: What do I need to file in order to be added as an interested person? Person is still living. More details included.

A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 31, 2021

You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Brent T. Geers
Brent T. Geers
answered on Dec 22, 2021

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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1 Answer | Asked in Civil Rights, Consumer Law, Products Liability and Banking for Michigan on
Q: Is there any legal action I can take against him?

I opened a bank account and was going to have my boyfriend added as a joint account. We got the paperwork filled out and went to go process it but it didn't process because he is in collections with his separate bank. We were told he needed to pay that debt of 1st before he could be added.... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Do he clear up the debt with the other bank first? I would contact the bank, then the police to file a report.

1 Answer | Asked in DUI / DWI and Civil Rights for Michigan on
Q: If I have a Felony OWI from 2011. Can I ever purchase a fire arm. If not, can I go to court to restore that privilege?
Brent T. Geers
Brent T. Geers
answered on Dec 13, 2021

Possibly. You can petition to have the court restore your civil liberties (e.g. gun rights).

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

Brent T. Geers
Brent T. Geers
answered on Dec 10, 2021

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2021

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Civil Rights and Juvenile Law for Michigan on
Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?

Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments

Brent T. Geers
Brent T. Geers
answered on Nov 8, 2021

For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: I am being discriminated against by my landlord. I am a white person and she is an african american. She has made raciaL

She recently purchased the property and has made racial slurs to me. This is discrimination and I need someone to help me file a lawsuit. Thank You

Brent T. Geers
Brent T. Geers
answered on Nov 8, 2021

You need more than slurs to successfully file a law suit. That's not to say she hasn't committed a crime; that's somethig for police and prosecutors to figure out. Other than being a rude and belligerent person, how has she discriminated against you? Is she evicting you?

You...
Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: I have a civil rights case going, and I wonder how long it takes to complete. It was filed in 2019.

I’d like to wrap this up but I’m thinking parties are feeling sorry for the attorney that had done so wrong to many. I say go for full settlement I asked for and let’s move on with our lives.

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

You really need to be asking your attorney this question. Civil lawsuits can take years. If by "full settlement" you are asking for the most allowed by law, then just know that you are forcing everyone's hand to trial. Why would anyone agree (settle) for the full amount asked for?... Read more »

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