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Questions Answered by Brent T. Geers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My park fined us based on another tennants recording but refuse ro show me proof what are my rights

This tennant has previously herassed us. No where in contract states being fined and refuse to show me the video taken of us unknowingly. They are stating we were violating a noise ordinance w our car engine. When they said they had video and i must pay the 50 dollar fine, i asked to see it and... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 13, 2020

I think you're limited to either pay the fine or not and face whatever actions the park can take against you (e.g. eviction). This doesn't sound like a criminal matter, and the park is not a government entity, so your rights are limited.

1 Answer | Asked in Criminal Law for Michigan on
Q: Could my friends and i be charged with malicious destruction of property if no damage occurred?

At my work, we have 2 managers who are college students. We all are close with them and they tell us our experiences trespassing and drinking underage. Me and 4 other friends wanted to pull a prank on them so we smeared some pizza on their cars as a joke. We realized we may have put too much on and... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 13, 2020

There are a few charges the police could pursue - tampering is one that doesn't necessarily require damage. The question is whether the police, and prosecutor, will find this a matter to pursue. Only time will tell, unfortunately.

1 Answer | Asked in Divorce for Michigan on
Q: Can I file for divorce with my minor child and wife living out of state in the state I live in ...Michigan ??
Brent T. Geers
Brent T. Geers answered on Aug 12, 2020

Yes, as the plaintiff if you've lived in Michigan for the last 180 days and in the county where you'll file for the last 10 days.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Why was I tried for a speeding ticket without the issuing officer present?

I've been told that judges dismiss traffic tickets without the issuing officer present and I didn't see him in site im from Michigan and i got this ticket in ohio this was my first ticket and it was for speeding

Brent T. Geers
Brent T. Geers answered on Aug 12, 2020

I'm confused. Did you request a formal hearing, and the officer wasn't present? Unless you request a hearing, a ticket is presumed valid and owed after the time for you to request a hearing.

1 Answer | Asked in Child Support for Michigan on
Q: How to get out of my ex paying child support?

My son was just born a little over two weeks ago. His father and I have not been together for almost 5 months. In January, he quit his job and started spending all of his money an alcohol and marijuana. He has a dui and his license is suspended. He already has two child support cases and does not... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 12, 2020

It doesn't sound like you'll have a choice in the matter on two fronts: 1) whether your ex pays child support, and 2) whether he will see your son.

Whether your ex incurs a child support obligation or not, it doesn't mean he will be an active part of your son's life...
Read more »

2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: An "Application for Leave to Appeal" in the Michigan Supreme Court by 8/26. How much should I expect to pay?

Drug case

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

Fee is $375 I believe. You should think long and hard before filing, and I would absolutely suggest retaining an attorney to help you. One thing you must consider is that an appeal is not a second bite at the time, and usually hinges on some technical legal analysis beyond the scope that most... Read more »

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1 Answer | Asked in Child Custody for Michigan on
Q: How do I get my child back from a temporary guardianship I willingly signed to her great aunt in another state from me

My child had problems in school for most of her first year of school so I decided it would be best until I got a stable situation for myself she could stay with her great aunt for a little bit but I’m ready to have her home with myself n her siblings

Brent T. Geers
Brent T. Geers answered on Aug 10, 2020

You may petition the court for termination of the guardianship, showing that you are stable and willing and able to receive your child back.

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: Can I adopt my previously owned dog from the shelter?

Me & my boyfriend were 17 and living with his dad when we got a puppy. Few months later down the road his dad found a gf and we all moved in with her but her male dog and our male dog didn’t get along and wanted to kill eachother over our other female dog so we had to get rid of our male dog.... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 10, 2020

I believe that is the policy of most shelters. I don't believe there is anything you can do about that.

1 Answer | Asked in Civil Rights for Michigan on
Q: Is it legal for the police to do background checks on people creating protest events?

I created a support protest for Black Lives Matter and found out through a friend that the police had checked into my background and my friends too (she's a minor and the co-host for the event). Neither of us is under a current investigation that we know of and haven't had the protest yet.

Brent T. Geers
Brent T. Geers answered on Aug 10, 2020

Do you mean through accessing their information / investigation networks? No. The police can investigate anyone at anytime, and can access and act on publicly disclosed information (e.g. Facebook). Certainly as the subject of an investigation, you have rights, most importantly the right to remain... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord evict me because the police have been to the home multiple times?

We just signed the lease in June and now my landlord is trying to evict me because the police have been at the house multiple times.

Brent T. Geers
Brent T. Geers answered on Aug 7, 2020

Depends on how and why the police are involved. If it's drugs, then yes. Even if there is not cause by law, obviously the landlord will be keeping a eye on you, and so you may want to think about 1) what you can do to not have so much police contact at the home (because that reputation can... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: Hello, I have a question regarding Identity Theft; and jurisdiction.

My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 5, 2020

Not sure with the facts given, but I would suspect venue may be proper in Monroe if that's where your mother in law lives and it's alleged that's where you obtained her identifying information.

1 Answer | Asked in Uncategorized for Michigan on
Q: How can I add my mom's last name to my own?

I.e.: Firstname Middlename Dadlastname Momlastname. I live in MIchigan.

Brent T. Geers
Brent T. Geers answered on Aug 4, 2020

Are you an adult? If so, I don't see why you can't petition for a name change with the probate court. But please note that if you have a criminal history, you may not be able to do so.

1 Answer | Asked in Juvenile Law for Michigan on
Q: Does a juvenile probation officer have the right to enter my home for an unannounced home visit w/o a parent being home

My 15 year old son currently has a juvenile case. He has made all his probation appointments and is doing everything the probation officer had asked him to do. Twice now the probation officer has done an unannounced home visit and entered my house without me being home. Does he have the right to... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 1, 2020

Probably not best practice for a number of reasons, but I believe if your son is home, the probation officer can visit at any time. Remember, probation is a grace granted by the court as an alternate to jail - or in the case of juveniles, detention.

I would mention this and your concerns to...
Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: What happens if my husband wants legal custody and to be responsible for my baby I got pregnant with during separation.

My husband and i separated for a year we have three other children but never got divorced. I moved to south carolina and was seeing someone else who got me pregnant. This guy cheated and kicked me and my three kids out of the house. I came back to Michigan with my legal husband still three months... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 1, 2020

Let's start with two simple premises: 1) while you are legally married, the husband is presumed to be the father of any child born to the wife during that marriage. 2) Jurisdiction will almost always be with the court in the county where the child is found.

So here's the easy...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I can do every aspect of my job remotely but my employer will not allow it. Is this legal under the new Michigan order?

Under the new Michigan order it states that all work that can be done remotely must be done remotely. We worked from home from March to June but now my employer won’t allow it because the owner was upset we were working from home in the first place. What can I do?

Brent T. Geers
Brent T. Geers answered on Jul 31, 2020

It's the employer who decides what work can be done from home. It sounds like the owner does not agree that your work can be done from home. You can try to convince them otherwise, but ultimately you may need to make a decision regarding your health and particular situation.

1 Answer | Asked in Child Support for Michigan on
Q: In Michigan if both parties have 50/50 custody, equally pay health & childcare. Can support be dropped if both agree?

We both have them equally we both pay child care and healthcare equally without state help. Can we have child support dropped completely because when i pay it she just gives it back to me anyways because she feels that its unfair because we take care of them the same amount.

Brent T. Geers
Brent T. Geers answered on Jul 30, 2020

You likely can; each of you should consult with an attorney to see if modifying the support order or opting out of FOC services is appropriate.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Someone I know hired a defense attorney to fight a domestic violence arrest.

After hiring the attorney, he found out that the attorney is friends on Facebook with the mother of his child, the person the alleged domestic violence was against and not only is he friends with her, but after being hired, he was "liking" pictures on her page. He knew her name after... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 30, 2020

I think it's fair for your friend to confront the attorney about this, and provide an opportunity to explain. Many people have Facebook friends who they don't really know, and like pictures that pop up on the timeline with no regard to who is posting. It could be innocent; it could be a... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: My question is I'm behind on child support can they take child support money from my other daughter that receives
Brent T. Geers
Brent T. Geers answered on Jul 24, 2020

Mathmatically, it won't make a difference. If your support obligation is $100 to each child, you owe $200 total each month. If you can only pay $100 a month, you are accruing $100 a month in arrearages each month, and enforcement actions would be taken on that amount regardless of in what... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is this right after being arrested and paying fines?

My husband was arrested for retail fraud but charges were reduced to disorderly person, he paid fines and was held in jail for this and now he has to do probation, drug tests and counseling for this. Is this right? He was even asked about his immigration status.

Brent T. Geers
Brent T. Geers answered on Jul 24, 2020

Yes. I assume upon his arrest, he was held in jail on some sort of bond, which he was unable or unwilling to provide for his release. He then entered some sort of plea, and was sentenced to a term of probation - all of which is something the judge can do. When you are on probation, it is a grace... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: I am planning to move to Canada. Before moving how I am supposed to tell the court about it and how will I start

I am planning to move to Canada. Before moving who should I contact to inform and how will I start paying child support once I am employed. Also if I give up US citizenship and acquire Canadian citizenship, am I still supposed to pay child support?

Brent T. Geers
Brent T. Geers answered on Jul 23, 2020

You would need to contact the Friend of the Court in the county your case originates from. You will still have a support obligation. Most countries have agreements where they will enforce "foreign" orders, which this would be to Canada.

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