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Questions Answered by Brent T. Geers
1 Answer | Asked in Libel & Slander for Michigan on
Q: Can I seek legal action for slander against Rite Aid. They continue to deny me my scripts and call me an addict

I was prescribed klonapin over a month ago. Picking up the script was a struggle both times (I only filled it once). They treated me like an addict each time. Now my doctor has called in a script for Xanax as the Klonapin does NOTHING FOR ME. Rite aid refuses to fill my Xanax script unless I... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

Rite Aid did not slander you. Slander (and libel) is about making a private fact public. They declined to fill a prescription. Contact your doctor, and if necessary, switch your prescriptions to a different pharmacy.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Refuse to testify in a Felony assault case. How to avoid jail time for disobeying a subpoena to testify.

Boyfriend was charged with assault to great bodily harm Less then death or strangulation. 2 count of domestic violence, and interfering with communication causing harm or death. I don’t want him to go to prison. I don’t want to go to jail if or when I get subpoenaed for not testifying against... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

You are in a tough spot. This stopped being between just you and your boyfriend the minute the police were called.

It may be helpful in your analysis of what to do to know that in domestic violence cases, Michigan law (MCL 768.27c) allows the prosecutor to present your statements made to...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Will a name change background check result in a civil lawsuit for a crime in which the victim did not press charges?

Two and a half years ago, I was expelled from a university for stalking a female student. I did not fight it, I simply confessed to doing it. However, no criminal charges were made against me, just the expulsion. Now, I need to get a job which asks about disciplinary action in college. So I want to... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

Background checks serve two purposes: 1) obviously to find disqualifying history, and 2) to help establish your character for truthfulness. Many people forget that second part. You may have heard the saying "it's not the crime, it's the coverup"; same thing applies to background... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can my employer terminate me for following the stay at home executive order (MI)?

I work in Wayne County, MI; one of the hardest hit counties in Michigan with COVID-19, back in March my Manager and all my co-workers took a leave of absense do to the Pandemic. My stores a retail store and deemed a non essential business. My main manager said that the companies owner has let me go... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

You will need to appeal the UIA's decision. What likely happened is that your employer reported to UIA that you were fired for misconduct or something like that, which would make you ineligible for unemployment. That agency can appoint a representative for you if you wish or you can retain an... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can a mother give up custody to father without going through long process?

My 3 year old daughter that stays with me by ourselves. Her mother is currently homeless and has been house hoping with ppl since ‘16,I was told to file a motion but that seems too long of process and too much for something that I feel is a no brainer. The mother said she understands that I need... Read more »

Brent T. Geers
Brent T. Geers answered on May 27, 2020

First things, first...the Friend of the Court does not change custody or make orders; that is what judges do. If the mother is cooperative, it doesn't need to be a long process, but it is a process all the same.

1 Answer | Asked in Probate for Michigan on
Q: I have been given Letters of Administration for my mother's estate in Florida. She has a safe box located in Michigan.

I have been given Letters of Administration for my mother's estate in Florida. She has a safe box located in Michigan. In order to access the box, the bank said these Letters of Administration need to be stamped and filed in in the county it is located or Letters of Authority need to be given... Read more »

Brent T. Geers
Brent T. Geers answered on May 26, 2020

There is a SCAO form that you can access that you would need to complete and file with the probate court.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was prosecuted, convicted, sentenced, and sent to prison where I served my entire 2yr sentence on an invalid complaint

So what are the next steps to have a criminal judgment vacated based upon lack of subject matter jurisdiction?

Brent T. Geers
Brent T. Geers answered on May 26, 2020

That won't work. You went to trial, I'm presuming; the court almost certainly had jurisdiction as you were found guilty of committing a felony in that county. The answer to what you can do now depends on what you have done already. Most likely, you can file a "6500 motion" -... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Michigan on
Q: I was wonder if I could sue for pain and suffering after an not at fault accident which I now have bad back problems?

The car accident took place at February 28, 2020

Brent T. Geers
Brent T. Geers answered on May 26, 2020

Likely no. Our no-fault system makes your insurance company responsible for your medical bills. About the only way to get outside of the no-fault system and sue the other driver is if you suffered a serious impairment to a bodily function (e.g. paralysis, amputation, etc.). Back pain, usually,... Read more »

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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 Child Support for Michigan on
Q: He gives me $ for baby, so how can I keep him from being put on child support

He has his green card. And he says he wants to sign birth certificate but people at work told him if he does he will have to pay child support because I get help from state (EBT). He gives me $ when I need it and even when I dont need it he will give me $200 every two weeks. We're afraid if... Read more »

Brent T. Geers
Brent T. Geers answered on May 21, 2020

If you are receiving state assistance, DHHS and the prosecutor's office will get involved to pursue a child support order; there is no getting around that.

The father should contact an immigration attorney. But as I understand things, being a father and being financially responsible...
Read more »

1 Answer | Asked in Constitutional Law for Michigan on
Q: Can practicing and ordained Pagans use Psilocybin for religious intent?

I’m ordained and have been considering doing a Pagan soul search.

Brent T. Geers
Brent T. Geers answered on May 20, 2020

Psilocybin (aka mushrooms) is considered a Schedule 1 controlled substance and so is illegal. There is no religious exception. If you are caught, you could be criminally charged with use or possession of a controlled substance.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How do I legally evict tenants with no written lease/ contract out of my commercial property?

This is a established restaurant and the tenants removed all the assets/ equipment out and are trying to start a Marijuana grow room To my knowledge which I have verbally told them they were not allowed to, nor does the township allow . I told them On April 17th, 2020 to put back all the... Read more »

Brent T. Geers
Brent T. Geers answered on May 20, 2020

You can evict tenants without a written lease, however I'm not sure how you'll go about showing lost equipment / assets if they weren't written down. You could establish a rent amount by showing bank statements / proof of payment. Otherwise, you'll have a tough time showing what the rent is.

1 Answer | Asked in Uncategorized for Michigan on
Q: Can my landlord tell me who can and can't visit me in Michigan?

At one point this person was going to be living with me, so he is running a background check. He does have a history from 2004 when he was "young and dumb"....can my landlord tell me he can no longer visit?

Brent T. Geers
Brent T. Geers answered on May 19, 2020

Visit, no...unless there is some sort of court order. The landlord can certainly restrict you from having roommates. A good lease will detail what constitutes a visitor and a roommate (e.g. visitors cannot stay more than 3 consecutive overnights within a two week period). As you have previously... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my apartment management require me to pay an additional $150.00 because I won’t sign a new lease.

I informed my apartment management that I was moving At the end of my lease. I was looking at homes prior to the “Shelter in Place” by the Governor. Now I don’t think it’s safe to look or move but I don’t wanna sign a new lease.

Brent T. Geers
Brent T. Geers answered on May 19, 2020

Yes. You would become a month-to-month tenant, and many apartment complexes charge more for that. The reason being that you can then leave with 30 days notice and not be liable for any remaining lease payments.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a Lawyer in Livingston County Mi. That can be hired just for Requesting a bond hearing due to the Corona issue

There is No court date for my boyfriend anytime soon and he is in the Non violent case in federal.

Brent T. Geers
Brent T. Geers answered on May 18, 2020

Possibly. Is your boyfriend sentenced? If not, then he should have an assigned attorney if he didn't already retain a lawyer. You could call the federal defenders office for the Eastern District to see. If he has an attorney, that attorney must file (if there are legal grounds to do so).... Read more »

1 Answer | Asked in Elder Law for Michigan on
Q: Although my loved one made a WILL to not be cremated. The nursing home sent him to be cremated. Is that legal
Brent T. Geers
Brent T. Geers answered on May 18, 2020

Depends. Who was the next of kin? If no one stepped forward to handle the affairs, then it's possible the nursing home did the right thing. The nursing home has no obligation to follow the terms of the will.

1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

1 Answer | Asked in Personal Injury for Michigan on
Q: Can I be forced to take a coronavirus testing just to have a medical procedure done?

I don’t think I should be forced because I’m not sick I don’t have to be tested when I go to work and to me it’s a forcible action to be able to track you and follow your whereabouts in quarantine you you don’t think that’s a overreach of government

Brent T. Geers
Brent T. Geers answered on May 18, 2020

Likely yes. The medical professional could refuse services if you don't, unless it's an emergency situation. I'm not sure what benefit you'd receive by refusing. The procedure you receive could be compromised because the doctor doesn't have a complete picture of what is going on.

1 Answer | Asked in Civil Rights, Consumer Law and Small Claims for Michigan on
Q: Do lawyers defend consumers against mechanics in a civil suit, if so I need help locating one in my area.

A know Mechanic has incompleted the repair on my vehicle with engine light on running rough, squealing belt price ouges on invoice, discovered both (2) men are not licensed or certified, damed auto body from some type of accident and more than once. This mechanic had my vehicle for a month and 11... Read more »

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

It doesn't sound like you're defending; you would be the plaintiff. You should look for an attorney who does consumer protection.

1 Answer | Asked in Collections and Small Claims for Michigan on
Q: Can I file a request and order to seize property thru mail in Calhoun county mi since They are shut down?

I need to file a request and order to seize property on two small claims court judgements. Am I able to do that thru mail?

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

Yes, you should be able to do so. Complete the appropriate court form and send it in for signature along with the filing fee and return envelope. I would suggest calling the clerk's office there to verify before sending anything.

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