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Michigan Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

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

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Criminal Law, Federal Crimes, Communications Law and Constitutional Law for Michigan on
Q: Is it always a federal crime to threaten someone online or through phone, even if the person or thing being threatened

is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?

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

Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.

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, Constitutional Law and Federal Crimes for Michigan on
Q: Let's say a person from Michigan has beef with a person from Ohio. The person from Michigan gets in their car and drives

to Ohio and kills the person they have beef with. Is that considered federal felony murder because they crossed state lines to kill a person in another state? Will the murderer be charged with federal murder, Michigan state murder, and Ohio state murder? Also, are the US Codes all the laws... Read more »

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

Not necessarily. Federal criminal law is concerned with interstate commerce. Under your fact scenario, the person would be charged with murder in the state the murder happened: Ohio. Note that Ohio has the death penalty, unlike Michigan.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I purchased 2 long guns in 2016 They were reported stolen in 2020

I purchased 2 rifles in 2016, in 2020 they were reported stolen. The owner says I'm at fault even though when I purchased them they were not reported stolen. They were reported stolen in September 2020 4.5 years after I bought them.

Michael Zamzow
Michael Zamzow answered on Mar 9, 2021

There's not a question that I can see, but you've presented facts that suggest you want to know about bonafide third party purchasers for value. If you are without notice that the guns were stolen, when you purchased them, then you might grounds to keep the rifles. Depending on where... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Michigan on
Q: I live in Michigan. Can I have my aunt hold on to my prescription of norco for me since I think roommates steal them?
Brent T. Geers
Brent T. Geers answered on Feb 18, 2021

It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.

1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Michigan on
Q: is 250,000 dollar bond excessive for a possession of cocaine charge in michigan?

the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 7, 2020

There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.

$250,000 is on the high end for a...
Read more »

1 Answer | Asked in Federal Crimes for Michigan on
Q: Can a person who had 2 prior felonies that are from 1993 & 2008 own/carry a weapon
Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Not without having "gun rights" restored by a court.

1 Answer | Asked in Federal Crimes for Michigan on
Q: I'm charged with delivery of meth and that happened last year in April 2 grams, first offense, will I go to prison?
Brent T. Geers
Brent T. Geers answered on Aug 25, 2020

Hard to say. The sentencing guidelines for delivery of meth are high, so it's possible.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: Hello, I have a question regarding Identity Theft; and jurisdiction.

My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 5, 2020

Not sure with the facts given, but I would suspect venue may be proper in Monroe if that's where your mother in law lives and it's alleged that's where you obtained her identifying information.

1 Answer | Asked in Federal Crimes for Michigan on
Q: What are the chances of leniency on a 4th degree felony of fleeing, first offense and with mental health issues

My best friend got arrested for fleeing from a police officer after they did a stop for a traffic violation. She was having a mental health episode triggered by seeing the police officer walking towards her car. She was arrested eventually after her car tires were taken out and she drove onto a... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 6, 2020

By the facts presented, it sounds like she already caught a break by being charged with the least degree of fleeing and eluding (4th degree). Chances are her attorney may be able to negotiate further. A treatment court (mental health or veterans) may be an option as well, which would greatly... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the shortest amount of time a inmate has to serve on a 120 month federal sentence? he has almost two years in?

My boyfriend was sentenced sept 2019 and had already been detained since august 2018 his release date has changed from the one listed on bop.gov and it doesn’t include halfway house or home confinement what is the minimum amount of time he will actually have to serve in the bop system if he stays... Read more »

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

Way too many moving parts in the federal system to give a concise answer here. Best guess is some amount of time less than 120 months. Your boyfriend will get the best answer from his counselor.

1 Answer | Asked in Federal Crimes for Michigan on
Q: What is the process of getting a motion filed for a federal prisoner to be released due to the covid 19 situation?
Brent T. Geers
Brent T. Geers answered on May 22, 2020

You will really want to get with an attorney who practices in federal court. I would also suggest contacting the person's prior attorney or the federal defenders office.

Just don't get your hopes up. If the person is not close to completing the sentence, or is otherwise healthy...
Read more »

1 Answer | Asked in Federal Crimes and Libel & Slander for Michigan on
Q: Is it a crime to file 2yrs of false police reports that lead to a wasted swat team response.

these people broke thru her door body slammed her, attacked her daughter,( that has a broken back) grabbed her phone from her hand, proceeded again an attempt to steal from her checking account and credit cards. also other attacks not reported. She is 80 yrs and sharp mind. they are her son... Read more »

Brent T. Geers
Brent T. Geers answered on May 7, 2020

If investigation reveals that the crime of making a false police report happened, the prosecutor will charge the responsible person or persons. Prosecutors make charging decisions. If there is concern about police actions, the first step would be to file a complaint with the responding police... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I know has been accused of touching a child.Shes 18 now and is making these allegations.How can he clear himself

A friend of mine has been accused of inappropriately touching a young child when she was six, that's what shes saying. She is 17 or 18 now. My friend is very upset and is wrongfully accused. Can he take her to court to get his name cleared? If so what steps should he go about this?

Brent T. Geers
Brent T. Geers answered on May 4, 2020

Depending on the allegations and to whom she is making these claims, this could result in serious criminal charges against your friend. If it were me, I'd keep silent about the allegations. And if he is contacted by law enforcement, definitely get a lawyer before speaking with them.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I want to live with has a felony in another state that happened 30yrs ago. I am a gun owner can we live together

My gun is kept in a safe that they do not have access to.

Brent T. Geers
Brent T. Geers answered on Apr 2, 2020

Not a wise idea. However, he may be eligible for restoration of his gun rights - thus alleviating the problem. He should consult with a local attorney versed in that to determine whether he is eligible and go through the process before you two move in together.

1 Answer | Asked in Federal Crimes and Traffic Tickets for Michigan on
Q: My son got pulled over and ticketed for no insurance. Is he going to get jail time ?

My son bought a truck in Wisconsin. He was under the impression from the man that it'd b fine 2 drive the truck home 2 Michigan from Wisconsin.& then insure & register it. Well he got pulled over on the way home. He got a ticket 4 no registrarion & no insurance. They marked the... Read more »

Frank B. Ford
Frank B. Ford answered on Mar 10, 2020

I doubt that he is going to get jail time. He needs to fully explain the circumstances of the incident when he sees the prosecutor and the judge. He should have a dated receipt for buying the truck, to show he had just bought the vehicle. He should have photos of it in its disassembled... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Hello my question is Do you need a lawyer for an expungement in Wayne County MI? Is it something that can be done

I was eligible and filed the expungement papers with the courts sent them to the prosecutors and state police dept. Court date is coming up and was wondering if it’s something I can do on my own like go before the judge or should I hire a lawyer to show up? It’s 1felony/Felonious Assault

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

It never hurts to at least talk with a local attorney who might be able to give you guidance as to what your particular judge expects and prepare you for the hearing. Expungements are discretionary, meaning that just because you qualify doesn't mean that the judge has to grant it. And it will... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Michigan on
Q: Is it to late?

My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Sorry

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Federal Crimes for Michigan on
Q: What to do when you're involved in hate crimes..Racially motivated..Neighbors destroying your property and stealing, etc
Kenneth V Zichi
Kenneth V Zichi answered on Jul 15, 2019

If you are the victim of ANY crime you should contact the police and make a report.

If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...
Read more »

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