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Questions Answered by Brent T. Geers

2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for Michigan on

Q: I am preparing to open a nightclub. I need help with obtaining a liquor license

Brent T. Geers answered on Jun 14, 2019

Be prepared for a frustrating and expensive experience. Liquor licenses for nightclubs are very much dependent on local control. Is the area you're intending to open friendly to having a nightclub? As just as hard as nightclub liquor licenses can be to get, they are easily lost. Too many police... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Michigan on

Q: I want to appeal secretary of state decision on getting my license back, what forms do I use to represent myself?

I was denied to get my license back it's been 15 years and I was still denied.

Brent T. Geers answered on Jun 13, 2019

The process of navigating through the driver license restoration process is complex enough that you would be well served to retain an attorney. You may, for instance, be entitled to go directly to the circuit court judge, or you may need to reapply through the secretary of state - an attorney could... Read more »

1 Answer | Asked in Domestic Violence and Juvenile Law for Michigan on

Q: I live in Michigan. I was arrested for domestic violence. I had a fight with my brother that went a little too far.

I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?

Brent T. Geers answered on Jun 13, 2019

The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that you've been... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: Can my fiancé's X keep me away form their daughter when all she has is supervised visits?

Last week Friday, the judge gave my fiancé temporary custody of his daughter. With mom having supervised visits. Can she make it so that I have to leave my home? I live in with him and our 2 kids?

Brent T. Geers answered on Jun 12, 2019

If she has supervised visits, quite frankly I don't see her being in a very good position to push for anything from the court. Of course she can make the argument that you shouldn't be around during her parenting time. And because you are not legally married, I think a judge would consider her... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: Who would receive more in child support? The mother whom filed first or the mother with the oldest child?

I have a 6 mo th old and filed for child support in March and got a hearing for July. But the other mother filed last week and has a hearing next Monday. Her daughter is older that my son. So I am wondering if she will end up getting more even though I filed first.

Brent T. Geers answered on Jun 12, 2019

It doesn't matter. The child support formula applicable in all cases will account for other support cases. But the actual amount owed in any case is determined by the factors present in each case, specifically your income, his income, the parenting time arrangement, and any child care of health... Read more »

2 Answers | Asked in Real Estate Law for Michigan on

Q: My mother passed but before she did she quick claimed her home to me can another person quick claim the home after me

Brent T. Geers answered on Jun 12, 2019

Not sure what you're asking, but if you are now the owner, you can quit claim the home to any other person you so choose.

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1 Answer | Asked in Divorce for Michigan on

Q: Do I file a divorce with minor kids or without minor kids?

My ex and I have a almost 1 year old but he is currently placed with my parents under a guardianship. Since we don’t have him do I file a divorce with minor children or without minor children?

Brent T. Geers answered on Jun 12, 2019

Good question, but I believe you'll need to file divorce with minor children. A guardianship is not the same as having had your parental rights terminated.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on

Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »

Brent T. Geers answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on

Q: In an invasion of privacy where the Plaintiff gave the Defendant permission to do whatever with video, how do you defend

Brent T. Geers answered on Jun 10, 2019

Too many factors at play to give a good answer, but let me provide a framework for analysis:

If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in the...
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1 Answer | Asked in Public Benefits for Michigan on

Q: What is the definition of family in michigan?

If I live with my girlfriend and her kids do I count as part of the family? For section 8 housing HUD calculations...I take care of her kids while she works but my landlord says I have to do community service if I am not working (which I can't as I take care of homeschooled children all day).... Read more »

Brent T. Geers answered on Jun 6, 2019

What defines a family varies. A common definition - the one I suspect may apply in your case - is that "family" has blood or legal ties to each other. You have neither.

The reason being is that the state sees your situation as having it both ways: by virtue of you living together, you're...
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1 Answer | Asked in Education Law for Michigan on

Q: Can I be sued for talking about an incident that happened at my kids school?

Hi there. There was a sexual incident involving 2 boys at my child’s school. It is a safety concern for me and other parents as well. Other parents, including myself, have been talking about this and sharing information with parents who were not aware because the school is trying to hide it. I am... Read more »

Brent T. Geers answered on Jun 5, 2019

Tread lightly here. A lot depends on who is threatening you with a lawsuit. When you are dealing with minors in a school setting, it's going to be tough for you to prove what you are saying or discussing is factual truth unless you are a party to the action.

Ordinarily, most anyone has a...
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1 Answer | Asked in Medical Malpractice for Michigan on

Q: My back surgeon messed me up good. He left a screw crooked, broke a bone, and caused 2 more discs to bulge.

Do I have a case

Brent T. Geers answered on Jun 5, 2019

Possibly. Whether you have a case and whether an attorney would take your case are two different things, and quite honestly comes down to costs / benefits to the attorney. Most attorneys who handle medical malpractice claims evaluate those claims thoroughly - often through an on-staff or contracted... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on

Q: Should I fight a MI 257.602b case for using my phone as a map while driving? It was not affixed to the vehicle.

I received a ticket in Ogemaw County, MI for holding my phone to use it as a map/gps (as remarked on the citation). I was cited under the texting and driving law that specifies "a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located... Read more »

Brent T. Geers answered on Jun 2, 2019

I think where you'll run into trouble arguing in your defense is that while holding your phone, it was not affixed to the motor vehicle - regardless of what was on your screen.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on

Q: I am disabled and was given a Notice to Quit on May 29. What are my rights?

There is alot more specific details that go along with this problem. I am on a limited monthly income as well.

Brent T. Geers answered on Jun 2, 2019

Without knowing why you are being evicted, it's hard to say what your defense may be. If you are in a special housing situation (e.g. "Section 8"), you may have some additional protections. Best thing you can do - especially since you say you have limited income - is to take your Notice to Quit to... Read more »

1 Answer | Asked in Military Law for Michigan on

Q: I need some help with medical disqualifications

My name is Michael, I'm a 20 year old who was diagnosed with asperger's autism at a young age. I was told by a marine recruiter that asperger's autism is a disqualification for joining any branch of the military, is that true? I need some clarity

Brent T. Geers answered on Jun 2, 2019

Your best bet is to check with recruiters from the different branches; each branch has different criteria. Military recruiting standards fluctuate, and some disqualifiers can be waived. Ultimately, though, you'll need to find a recruiter willing to work with you. All recruiters have quotas and thus... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Can I get custody of my niece?

My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... Read more »

Brent T. Geers answered on May 27, 2019

Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your brother's... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: Is it legal for just a magistrate to sign a search warrant?

Friend had gotten a search warrant and someone else that was in the same roof had gotten arrested. My friend had read the search warrant and found a signature that was above judge/magistrate and the judge was crossed out.

Brent T. Geers answered on May 27, 2019

It's very common for search warrants to be signed by a magistrate, and they do have the legal authority to do so.

1 Answer | Asked in Car Accidents for Michigan on

Q: What kind of lawyer do you need for a car accident. My daughter hit someone and her insurance was expired.

Brent T. Geers answered on May 25, 2019

Either a criminal defense attorney or civil attorney, and possibly both depending on how everything shakes out.

1 Answer | Asked in Uncategorized for Michigan on

Q: Whats Going to happen? Is there anyway around the centry registry list? I am in school nursing program right now

I moved back to michigan in February i have a 3 year old & i have an infant that i had in the hospital in March. She came extra early and been in the hospital. I wasnt planning on having her, i went to abortion clinics and i couldnt afford one. So i lied to the hospital and told them i was going to... Read more »

Brent T. Geers answered on May 25, 2019

You should have or will be appointed an attorney to help you through this. Long story short, you will not avoid Central Registry under the set of facts you presented.

1 Answer | Asked in Education Law for Michigan on

Q: is it legal to suspend a student for something they did after school on school property?

Brent T. Geers answered on May 25, 2019

Yes. Particularly because it occurred on school property.

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