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Michigan Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Native American Law for Michigan on
Q: Can a tribe decide to transfer a case of tribe member 2 tribal court from state court if crime was not on indian proprty

Multiple charges, drug related at a residence of a tribal member. Kids custody affected, and defendant is being treated with cruel an strange threats and absurd penalties

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

Not only can then, but if it's an abuse or neglect case, different rules apply and the tribal court would have jurisdiction.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: Is the side note for speedy trial rights that charges being filed within 30 days of arrest differ by state ?
Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Not sure of the exact nature of your question. Speedy trial rights are different than the timeline between arrest and charges. And it is true that you cannot be held for very long without any charges.

It is not uncommon - especially in serious crimes - for someone to be arrested or...
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Q: Good Afternoon, Recently got denied a fireworks license renewal. Been there since 2012.

Need to be open asap. Looking for a lawyer familiar with the NFPA 1124 and With the Michigan and the Bureau of Fire Services

Michael Zamzow
Michael Zamzow answered on May 5, 2021

Contact an attorney about this.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Michigan on
Q: I was supposed to be in a court hearing today for an upcoming trial. Is it ok everything was changed 12 hours prior?

I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... Read more »

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Michigan on
Q: For which types of warrants is a police officer required to posses the warrant?:

civil infractions, petty-misdemeanor, non-violent misdemeanors, non-violent felonies, etc... .

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

With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.

1 Answer | Asked in Constitutional Law, Criminal Law, Traffic Tickets and Gov & Administrative Law for Michigan on
Q: Does the 4th amendment govern the possession of a warrant by a police officer?

webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.

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

The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Michigan on
Q: What requirements must be satisfied under the 4th amendment by the government? Please list.

unreasonable search and seizure; probable cause; warrant; etc.... .

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

Your question is much to broad. The 4th Amendment is the subject of new case law nearly every week. But very broadly, a search or seizure must come about after reasonable suspicion or probable cause.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: do you have a lawyer who can explain why I have not got any stimulus checks?

I am married and my spouse received his stimulus checks but I didn't, do you know why this is happening?

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

No one will be able to tell you more about why you are not getting stimulus checks than the IRS. Contact them or go to the IRS website that allows you to track it.

1 Answer | Asked in Tax Law, Child Custody, Child Support and Gov & Administrative Law for Michigan on
Q: I'm on disability and do not have taxes to file. How do I get the child stimulus money if the dad received it already?

The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... Read more »

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

You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... Read more »

Q: Can a Township building inspector require more stringent building codes that exceeds the state's building codes?

Building a pole building as a residential secondary building for personal storage. Typical 50 x 54 building with vertical beams spaced 8' on center. Inspector won't issue building permit unless beams are 6' on center. Also, inspector won't accept 18" preformed concrete... Read more »

David Soble
David Soble answered on Dec 18, 2020

The building code sets forth the minimum standard for construction. There must be something in the engineering report that causes their concern. A stamped report from structural engineer should be enough.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: Can the state of Michigan provides individual confidential driving record to a company in exchange of money?
Brent T. Geers
Brent T. Geers answered on Nov 4, 2020

There's a flaw in the premise of your question: your driving record is not entirely confidential.

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Michigan on
Q: What action can I take if the Secretary of State/DMV is falsely reporting that I committed a crime?

I was charged (but not convicted) with Minor in Possession of Liquor when I was 16. The case was dismissed. I was told the record would be expunged when I turned 18. I am now 23 and this incident is still showing up on my driving record (Why my driving record??).

This is now hindering my... Read more »

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

Lots of questions here...who told you it would be expunged when you turned 18? And even if true, court records (which a judge would have the power to expunge) are different than the Secretary of State's records (which judges have no authority over).

My first step would be to reach out...
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1 Answer | Asked in Gov & Administrative Law and Military Law for Michigan on
Q: My son was misled by his recruiter, who withheld information on his application.

I know that he is 21 and signed the app himself, however his recruiter withheld special education info, a learning disability, and mental and physical conditions and told my son that the army will never find out. I believe the recruiter took advantage of my son's inability to understand the... Read more »

Brent T. Geers
Brent T. Geers answered on May 11, 2020

There's a whole lot to unpack there. Since it sounds like your son is still in the Army, he will need to proceed through his chain of command and JAG about what his options are. A medical discharge - any discharge - is a process that won't happen overnight, and in cases alleging prior... Read more »

1 Answer | Asked in Gov & Administrative Law and Tax Law for Michigan on
Q: My mother died in 2019. She just received a stimulus check in the mail. Does the CARES Act state it should be returned?

She has 3 surviving children. Should we cash or send back to treasury.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 4, 2020

The CARES act does not address this situation and neither has the IRS. The current professional consensus is that where the individual passed in 2019 the estate is allowed to keep the amounts and distribute the funds.

There is not currently a function to return the funds. We don't...
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1 Answer | Asked in Gov & Administrative Law and Workers' Compensation for Michigan on
Q: Can I sue the state for emotional damage over failure to pay unemployment in a timely manner

I worked TWO jobs, was laid off both. Absolutely no money coming in. Suffered from depression for many years. Will need therapy when this is ovee

Brent T. Geers
Brent T. Geers answered on Apr 29, 2020

No. To succeed on any emotional distress claim, you need to show that someone intentionally caused, by their actions, you emotional distress. More to your point, you would need to overcome governmental immunity, which is unlikely in this scenario.

1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: can a hotel kick you out during a state of emergency coronavirus in michigan
Brent T. Geers
Brent T. Geers answered on Apr 10, 2020

A hotel stay is more like a license than a tenancy. Like any license, it can be revoked. You are allowed to stay so long as you comply with certain conditions AND the hotel offers it.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Michigan on
Q: If my state is under a lockdown can my employer fire me because I'm following the order?
Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

The answer will depend on whether the business you work in is essential or if you are an employee deemed necessary to allow for others to remote work. If either of those two scenarios apply and you still want to stay home, you may have some job protection under FMLA. Before making a decision, you... Read more »

2 Answers | Asked in Bankruptcy and Gov & Administrative Law for Michigan on
Q: Is there any attorneys that would file an objection on garnishment before 3/12/20 out of the goodness of your heart?

How about bankruptcy? I am completely bankrupt to even pay to file for it. I have many other legal issues if bankruptcy isn't your forte.

Timothy Denison
Timothy Denison answered on Mar 9, 2020

Contact you local bar association or legal aid society. They maintain lists of attorneys who offer pro bono or reduced fee legal services

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: Can someone sue a neighbor for quiet title to clear cloud from his chain of title?

He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... Read more »

David Soble
David Soble answered on Oct 27, 2019

Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?

I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 15, 2019

Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.

PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done...
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