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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: Is my friend able to get criminally in trouble for this?

So my friend was hanging out with another one of his buddies. We'll say Friend 1 and Friend 2. Friend 1 texted friend 2 and asked him to hangout, and he said yes. Friend 1 got in the car of Friend 2, and he started driving to the bank. Friend 1 asked, why are you going to the bank? Friend 2... View More

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2024

Under the facts as you present them, probably not. The question is what did Friend 1 actually do? It doesn't sound like he would even know whether a deal went down in the time he was out of the car.

Where Friend 1 would get in trouble is when police get Friend 2 and say "we know...
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1 Answer | Asked in Criminal Law for Michigan on
Q: How to support the dismissal of (2) domestic assault charges with prejudice?

How to support the dismissal of (2) domestic assault charges with prejudice?

We have a case of 2 domestic assaults that went to trial. One of the accusers (witness) was not served a subpoena and did not show to the trial. The prosecutor discovered that the subpoena was sent to the wrong... View More

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2024

I'm not sure you'll get a dismissal with prejudice under these facts. But I'm also not sure why the prosecutor relied on email to serve this subpoena....it seems to me the judge should be having some words with the prosecutor about going through voir dire without confirming service.... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I recently rented a car at enterprise . I knowingly allowed my friend to drive the car . The car was then stole from him

And I opted out to have the insurance when signing the contract . There is a criminal investigation taking place as we speak . The car was recovered as it was in a while speed chase after a supposed shooting incident . What can happen to me if I don’t tell the police who had my car ? Am I at fault ?

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2024

Here's the thing: ordinarily, intervening criminal activity (e.g., the car being stolen) would relieve you of liability for damages. However, when you rent a car, you are signing a contract making you responsible for that car. When you let someone else use the car, Enterprise will likely hold... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to find out why oneself is in Law Enforcement Information Network?

How does one find out if the information about them in Law Enforcement Information Network (LEIN) is accurate?

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2024

There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.

Think of it like a credit report: Just like Equifax or whichever credit reporting agency...
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2 Answers | Asked in Small Claims for Michigan on
Q: Just a simple question: Isn't Oath Taking mandatory? Meaning, no matter what the case, what jurisdiction, etc...?

It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More

Brent T. Geers
Brent T. Geers
answered on Dec 1, 2024

"...if you don't read anything more into it". In the law, there is always more to read into it.

Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or...
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1 Answer | Asked in Gov & Administrative Law and Civil Rights for Michigan on
Q: In the state of Michigan, I submitted a FOIA request for a incident report that I was the Reporting party on.

I requested to remain anonymous due to the fact I would be retaliated against if the offender found out I was the reporter, I spoke to law enforcement and they reassured me MULTIPLE times I would be anonymous and my name would be withheld from the public records and upon receiving a copy of the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 25, 2024

I don't think MCL 15.243 protects you here. You're requesting a copy of a report made upon your complaint. If this relates to a criminal allegation, I don't see how you could remain anonymous, unless you reported this through Silent Observer.

Think about it from the other...
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1 Answer | Asked in Small Claims for Michigan on
Q: If I gave my bf my banking info and he transferred himself money can I do anything about that

When we were dating I used to have him transfer money for me all the time he did all my banking since we broke up I see money went to his account and I didn’t do it would I have a case or should I just leave it alone

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2024

Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?

Best practice in the future would be to only allow access...
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2 Answers | Asked in Tax Law for Michigan on
Q: How is the 16th Amendment constitutional? It is front end taxing, and back end taxing on a person and too broad.

Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2024

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I have a felony and I want to know how long do I have to wait to get it off my record …

I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a bounty hunter looking for my son enter my home without my permission?

I have allowed (3) searches, because they were intimidating. He told me he would arrest me if I didn't let him in. And that he would put my dogs down if I couldn't control them. They also broke the door on a motorhome that that does not belong to the person they are looking for.

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2024

You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: If we add to an item on a denied appeal for the Supreme Court can we never use that item again in any further appeals

Regretfully we filed an appeal on a criminal decision ourselves without understanding the complexity of it, and very sadly our court appointed appeal lawyer wasn't helpful or even reachable. The appeal was denied for one thing and now going to Supreme Court in Michigan. Our question is can we... View More

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2024

Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.

Appeals are terribly...
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1 Answer | Asked in Municipal Law and Criminal Law for Michigan on
Q: Do I have a case and how would I go about it?

I got a dwls and was given a 5k cash bond with no option for surety. No factors of flight or public safety were enumerated by the magistrate at arraignment. And I have strong ties to the community and have always shown up to court in the past. The DA was perfectly fine with a PR Bond

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2024

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Do you factor holiday overnights into Total overnights for a UCSO in the state of Michigan?

I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More

Brent T. Geers
Brent T. Geers
answered on Oct 9, 2024

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

2 Answers | Asked in Consumer Law and Civil Rights for Michigan on
Q: In recording a video in public.What can I use and not use?

Im in the process of making a memorial video of my son who passed away in 2020.I will be filming the city where he lived and worked(outside of building only).I have obtained permission.One part of this is that I will be filming coming into the city where peoples cars are present as well as people... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Your plan sounds okay. Generally, you may film anyone or anything in public. As long as you're not misrepresenting what you are capturing (e.g., implying that a business shown was involved when it was not; implying that a person walking down the street is a prostitute or drug dealer, ect.),... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Since morgue employees won't inform me where the body was taken initially, how do I find out?

The morgue claims to have taken the body from the hospital, however their records state the body was at the morgue the following day.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Do you have an exact timeline? It would not be uncommon for the transfer to have occurred in the overnight hours, or for the hospital to have kept the body until the next day. I'm unsure where else the body would have been transferred to between the hospital and morgue except maybe an off-site... View More

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: What is considered wrongful eviction

Landlord told the court I owed him rent but I didn’t owe anything

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2024

A wrongful eviction would be done either constructively or through "self-help", and usually done outside the judicial process. If there was a court hearing where your landlord asserted you owed rent, and either you didn't say otherwise or the judge didn't believe you - or you... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Traffic court is civil court? How is the police officer the injured party?

Im just trying to understand how the court system works.

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2024

Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Am I still able to see my kids if I had given up my parental rights?

My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

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