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Michigan Questions & Answers
1 Answer | Asked in Traffic Tickets for Michigan on
Q: I received a ticket for speeding and 2 civil infractions. Cop dropped original ticket and court date issued new ticket

The problem is with the new ticket when he came to my house he said he’s dropping the speeding but not the suspended licenses or failure for registration. Mind you I took his advise got the registration and my license done same day online. They said I missed court but I have an email saying they... Read more »

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

You should take it to court, and when you talk with a prosecutor, they'll probably straighten some of this out.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... Read more »

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

File for custody.

1 Answer | Asked in Personal Injury for Michigan on
Q: Just wondering if there is away to get my ex boyfriend to pay for my medication, psychiatrist, and therapist bills?

My ex boyfriend has sexual, physically, and emotionally abused me in the past

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

Possibly, in one of two ways: 1) contact police and make a report. It's up to the prosecutor about whether to actually pursue criminal charges - the length of delay may be a factor, because that's the first a defense attorney will attack. 2) if you don't want to, or the prosecutor... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Can I change my minor Childs name to my boyfriends?

My fiancé and I will be getting married 7/23/2022. The plan is for him to adopt him. I want to change my minor Childs last name to my fiance's prior to the wedding. Can I do this in Michigan? My son's biological father agrees to the name change and I have sole custody.

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

Why not just wait until marriage and change the name through the step-parent adoption?

1 Answer | Asked in Employment Law for Michigan on
Q: can atty help me write constructive discharge letter to my employer?

employed as a gate keeper at gated condo in ST Clair Shores Mi a condo owner was drunk and tryed to ram me hood to hood fortunatell he came nose to nose he got out and laughed in my face previously my boss ron said Ishould watch my back so he knew he was dangerous

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

To what end would such a letter serve? If you wish to find a different job - which I wouldn't blame you if something like that happened - would they object to you receiving unemployment?

1 Answer | Asked in Personal Injury for Michigan on
Q: How can I stop a quote of something I said from being used in a way I don’t approve of?

I am credited on a quote on a pro-birth website. “Adoption is not a birthmothers rejection, but an unconditional love that inspires her to put herself last and do all she can for her baby”. I’m extremely pro choice and don’t like how this is used on a pro birth website.

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

Is the quote attributed with your name? Is it an accurate quote you said? You could contact the pro-birth website and express your concern, that you don't agree with their position, and that you'd like your name and quote removed. But if it's an accurate quote, I'm not sure they have to....

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can anyone tell me what is the best way to proceed with buying this manufactured home?

I would like to be sure I don't give the manufactured home park any kind of loop hole. The seller owes them nothing. And has no lease. He verbally offered it to the park and they declined to buy it.I've been told he should offer it to the park. For the sale price in writing. I'm... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 7, 2021

The BEST way is to not buy the home in the first place. Manufactured homes, particularly those in parks where you don't own the land it is placed upon, are notoriously bad investments. They lose value and create liabilities unlike any other thing you might own other than a motor vehicle.... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a prosecutor charge someone in a completely different district, than which the crime was originally reported in?

Does a prosecutor have the legal authority to charge someone in a different district, at a different court, and issue an arrest warrant at a different jail than which the crime was originally reported in? I was charged with a misdemeanor crime, the person reported me in one district at a certain... Read more »

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

Venue is what's considered here. And that's mostly dependent on where the crime actually occurred; not where it was reported. Prosecutor, though, has the burden of showing venue is proper. I have seen cases simply transferred when venue is an issue. If everything is in the same county,... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Is this considered child neglect?

I live in the state of Michigan and my sister is 21 and is known for having some mental illness with ADHD and depression, refuses treatment. She rarely has a job and when she does, doesn’t always go in and ends up being fired. She has a 5 year old daughter (birthday Jan 2nd) and she isn’t... Read more »

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

There is a big difference between being an abusive or neglectful parent and being what some might consider a "bad" parent. With what you're saying, it's hard to say whether any abuse or neglect is going on. People have children and some even excel as parents with mental illness,... Read more »

1 Answer | Asked in Family Law, Adoption and Education Law for Michigan on
Q: can my aunt and uncle who is adopting my son in michigan let me see him without court consent if i had my rights relinq

if my rights were relinquished can my family who is adopting my son let me see him again without court consent

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

Depends on a lot of factors, and if the adoption is finalized.

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Michigan on
Q: How do I sue a county?

I was hit in the head with a wooden baseball bat and no one was held responsible even though I know who did it. I almost lost my life

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

What is your theory that the county government is responsible for an individual's potentially criminal actions? You also need to consider that police and prosecutors have qualified immunity for their actions.

A more effective route to consider might be suing the person you claim hit you.

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: how long after I get sentenced do I have to appeal
Dana B. Carron
Dana B. Carron answered on Sep 5, 2021

42 days to request appointed counsel. 56 days to file a claim of appeal following a trial. 6 months to file an application for leave to appeal following either a plea or a trial. An infinite amount of time (no time limit) to file a post conviction motion for relief back in the trial court if you... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 4, 2021

Without ANYthing writing it is hard to say for sure where this stands.

Generally speaking an 'earnest money' deposit is something that can be forfeited if the deal falls through because of something the buyer does or doesn't do properly. BUT without an offer to purchase the...
Read more »

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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 Criminal Law for Michigan on
Q: If someone is on your property and they won't leave what can you do legally?

I was sitting in my car not far from my house waiting on a lyft pickup..neighbor pulls up beside me and tells me I cannot park there so she starts cussing me and then pulls up on my husband and has her tires on my property and would not leave..is it a crime to park on a street?now my husband is... Read more »

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

With the facts you presented: no, it is not illegal to park on the public street so long as there are no signs or obstacles to the contrary.

I cannot imagine how your husband is facing a felony charge from the incident as you describe it. There has to be more to the story, and hopefully you...
Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: We had a 12 month lease which ended in 2019, but I'm still living in the rental. Never signed a new one.

Expired lease and rules in the expired lease still apply?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 2, 2021

Yes except that the ‘term’ of the lease is now month to month and the rent can change with a month’s notice in the proper (written) form. The other terms (pets, utilities etc.) remain as in the written lease.

— this answer is offered for information only and does not constitute...
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2 Answers | Asked in Business Law for Michigan on
Q: what's the rule of law? Im a business major and struggle to understand what it is especially in this case
Thomas. R. Morris
Thomas. R. Morris answered on Sep 2, 2021

The "rule of law" to me means that in the conduct of our nation's affairs, we follow rules, rather than be governed by the whims of a dictator. The phrase could also refer to the rule that governs the outcome of a particular case.

Your question is more of a definitional...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I move mobile home from park? Seller has no lease. Park says it cant be sold to anyone moving it from the park.

The seller offered it to the park for sale price fist. They declined to buy. Then said he can't sell to anyone that intends to remove it from the park. I'd like to know what Michigan law is. I'd also like to know. Is there anything I can do to protect myself. From the mobile home... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 1, 2021

Assuming the mobile home is owned by someone other than the park, the owner (now or a new purchaser) can move their personal property wherever they want.

It’s a little like saying ‘I’ll let you buy the car, but you have to rent the parking spot and can’t move it.’

Two...
Read more »

1 Answer | Asked in Insurance Defense for Michigan on
Q: Hit by insurance less driver cartotaled Trying to sue but can’t find the lady now as it appears she moved. What do I do

My wife was hit from behind by an insurance less driver about 6 months ago. We decided to sue as my wives car was totaled. The person who hit us appears to have moved and after about 3 attempts to have her served we’ve had no luck. The total damages equal about 4K and we had to take out a loan... Read more »

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

You need to talk with a civil attorney who deals with auto insurance. I'm not sure you have much recourse other than through "mini tort", which is limited to your deductible.

One other thing to keep in mind is that if this woman had no insurance and is now no where to be...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: i was stopped for alleged speeding 48 in a 35. was told if everything checked out i would recieve a verbal warning.

he gave me a verbal warning then said his dog hit on my truck which i did not consent to but i know he did not call us in cause my plates were 2 months expired not to mention when he ran mine and my wifes license he said we were clear in michigan not knowing my wife had a wisconsin dl. an empty... Read more »

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

You need a criminal defense attorney now. These situations are fact dependent. It sounds like there was a valid stop. An attorney might want to know how long you were stopped before the dog came out. And there are some interesting cases regarding what can happen when a dog "hits" on a... Read more »

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