Lawyers, Answer Questions  & Get Points Log In
Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: I am asking a question regarding time credit/served in jail.

I have a family member in jail serving time for a case in one county, but they got locked up while on bond for a different case in another county. Will they be able to get time credit/time served?

Brent T. Geers
Brent T. Geers answered on Dec 7, 2021

The general rule is that you get time credit for one case at a time.

1 Answer | Asked in Criminal Law for Michigan on
Q: During a bench trial, when should a motion in limine be granted? 5 points A. When the evidence could inflame the judge’
Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

The standard is the same in a jury or bench trial: motions in limini - to exclude or restrict certain testimony - should be granted when the evidence is more prejudicial than probative. If you don't know what those two terms mean in the legal world, you absolutely should have an attorney, who... Read more »

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: Hello I would thoughts on a investigation being done on me and if I would need to have help?

Was investigated by CPS for someone calling in alleging that I molest my child. My child is not biologically mine I believe that the biological father had something to do with the call. but at the end of the investigation they found no evidence of abuse happened. Especially with interview with my... Read more »

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

Can they criminally charge you? Yes. Will they, with the child victim saying it didn't happen? Unlikely (assuming a forensic interview was conducted).

CPS investigations are civil in nature. While it all may appear similar, it is legally two different legal matters: civil and...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: I was pulled over while driving someone else's car (with permission) because his license was suspended.

But he has been incarcerated in prison in the state for almost a year, so there is no possible way he could have been driving. The cop also said he witnessed the driver to be a male, and he is personally familiar with the registered owner, so he would have known that that is not who was driving. He... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2021

Wow! You might have something there. Worth a shot.

1 Answer | Asked in Criminal Law and Identity Theft for Michigan on
Q: Any Advice

I Got Arrested For 3rd degree retail fraud and I was so scared cause I never been in trouble so I was acting out of fear and used a fake name and now I got a letter in the mail to get arraigned and I Don’t Wanna go to jail I have a 1 year old son and I just got a good job working at the hospital... Read more »

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

Best to face this head on. Otherwise, there will be a warrant for your arrest. And while the police likely won't come out with the SWAT team to arrest you on something like this, these sort of things often creep up and catch up with you when you can least afford to deal with it: you get pulled... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My boyfriend has filed a identity theft fraud report several months ago he is now threatening to press charges

He is from Louisiana so that is where he filed he’s report and they contacted Detroit police that is where I’m from

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

What is your question? Is he your current boyfriend? When accused of a crime, one of the most important rights you have is the right to remain silent. You probably need to exercise that right with your boyfriend and the police.

1 Answer | Asked in Criminal Law for Michigan on
Q: If my boyfriend went to court and his case statics say disposed how long does his Parole officer have to lift his hold??
Brent T. Geers
Brent T. Geers answered on Nov 14, 2021

While on parole - until discharged or revoked - you remain under Michigan Department of Corrections jurisdiction. That is true even when a person picks up new charges. And it doesn't change based on what a local court does.

It's hard to say what "disposed" means. Are you...
Read more »

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Michigan on
Q: If I had illegally used a debit card 2015, moved to Florida what are my options if any? Statute of limitations?

I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 12, 2021

Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan when a person is charged with death by strangling a another person what may they be charged with?
Brent T. Geers
Brent T. Geers answered on Nov 10, 2021

Murder. The particular facts, and any defenses, may determine the specific type of murder. It's hard to imagine a complete defense when strangulation is involved. The outcome will likely either be a life sentence without parole or a very long time in prison.

2 Answers | Asked in Criminal Law for Michigan on
Q: Is there a chance based on this case the amount of years could be reduced

I know it’s aiding and abetting but her intention wasn’t for the man to be killed she was looking for her sister and one of the people also looking made the decision to commit murder without being encouraged to do so. She has no criminal history and is not the kind of person that should be... Read more »

Dana B. Carron
Dana B. Carron answered on Nov 9, 2021

How do you already know what sentence she will receive? If she agreed as part of her plea to a specific sentence, then she cannot challenge the length of that sentence on appeal. If she did not agree, then she can appeal to the higher court and ask them to reduce it, however, they can only reduce... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Michigan on
Q: I am 19 and I am getting the non resident ccw in Maine and I live in Michigan can I carry in Michigan with the permit?
Brent T. Geers
Brent T. Geers answered on Nov 5, 2021

You will need to check into reciprocity; not every state is reciprocal. Additionally, if you are a Michigan resident, even with reciprocity, you would need to go through Michigan's CCW process at some point.

1 Answer | Asked in Criminal Law for Michigan on
Q: If a guy has had a felony warnt for a while, can a lawyer get a "stay" of arrest so he can earn $ 4fine w/o fear of jail
Brent T. Geers
Brent T. Geers answered on Nov 3, 2021

No. Fines are a sentencing determination. With a felony warrant, any potential fines is, or should be, the least of anyone's worries.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a cop frisk me at the end of a stop?

Was pulled over no plate or insurance. Placed in front seat of police car. Asked for consent to search found nothing in car. Was told I was being "cut loose" then as I am leaving I'm told he wants to frisk me. Is this legal?

Brent T. Geers
Brent T. Geers answered on Nov 1, 2021

Yes. Could you have told them "no"? Probably. Would that have stopped them? Probably not. Is it good police practice? Arguably not.

If they would have found something to arrest you on during that pat-down, you might have had cause to suppress it.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a time frame for a writ of habeas corpus?

I´m trying to help a friend,so I appreciate any answers as it is not easy to navigate through the legal system.

Brent T. Geers
Brent T. Geers answered on Oct 25, 2021

Yes there is; and you need to exhaust state court remedies first.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question about having a Michigan "Assault w/intent to do GBH less than murder"" charge expunged.

My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.

I would not take a plea - felony or...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Criminal Law for Michigan on
Q: What should I expect at a pretrial for retail fraud if I don’t have an attorney with me?

I have no prior record. The judge isn’t allowing me a court appointed attorney and I cannot afford one. The total amount of stolen goods was $91.28.

Brent T. Geers
Brent T. Geers answered on Oct 12, 2021

Woe for me to ever suggest a person accused of a crime go to court without an attorney. But the fact the judge didn't appoint one for you makes it highly likely that you will not go to jail. At the pretrial conference, you will meet with the prosecutor. You may elect either to enter a plea to... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

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

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was arrested in my driveway after exiting my vehicle for a previous retail fraud incident.

The police then proceeded to search my vehicle without my consent. They found some contraband...was this legal?

Brent T. Geers
Brent T. Geers answered on Oct 2, 2021

Search incident to an arrest....likely legal, but always fact-dependent.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have 6 warrants in 6 different cities ranging from possession warrants to paraphernalia warrants to a retail fraud

That isn't true and I was in a sting for prostitution, and not showing up for court but couldn't because I was being held in a physciatric hospital and couldn't leave what's the best way to handle this?

Brent T. Geers
Brent T. Geers answered on Sep 27, 2021

The best way to handle this would be to hire an attorney and let him or her walk you through the process. You need to address each warrant. They will not just go away on their own. Failing to appear in court, even if held in a hospital, is still something you will need to answer to. You may have a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.