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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: Does an application to expunge a felony, go by the original charge?
Brent T. Geers
Brent T. Geers answered on Oct 19, 2020

An expungment is of the convicted charge; it does not matter what a person was originally charged with.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can I claim that I cannot afford to pay a traffic ticket due to the fact that it will deprive me of my livelihood?

If I am found responsible for a traffic ticket in court, can I request alternative forms of punishment rather than a hefty fine? I have medical proof from a doctor that I am paying out of pocket for medically necessary treatments. By paying a traffic ticket I am thereby arguing that my livelihood... Read more »

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

Best case scenario: you get a sympathetic judge who will wish you well while assessing minimal fines and costs. Worst case scenario, you'll get a judge that will ask and then lecture you about what medical condition causes you to break the law and place others at risk by your actions.... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: If your parole condition says you can't be in a place that serves alcohol. Can you still be on the property to golf
Brent T. Geers
Brent T. Geers answered on Oct 16, 2020

Typically, that provision relates to places where alcohol is the primary source of sales. There is a difference, certainly, between a bar that happens to serve food, and a restaurant that happens to also sell alcohol.

It would be wise, though, that while on parole, you conduct yourself...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: i was pulled over for just driving down the road..bysame officers whom pulled me over in my yard the day before legal

and i didnt do anything wrong at the moment till when they pulled me over..My friend gave me his mom registered gun to bring back to her in a case unchambered and i got charge carry a concelded weapon.. They think i had info on friend whom got raided 10 days prior.. I told them i have no idea... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2020

What is the question? I don't doubt you were being followed, and the police were just looking for reason to charge you with something. Whether it's "harassment" really depends on whether they had legal reasons to stop you each time. It sounds like they did, at least for the time... Read more »

1 Answer | Asked in Federal Crimes for Michigan on
Q: Can a person who had 2 prior felonies that are from 1993 & 2008 own/carry a weapon
Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Not without having "gun rights" restored by a court.

1 Answer | Asked in Divorce for Michigan on
Q: I have a question, I recently filed for divorce. My husband came home today and said his lawyer received the paperwork.

Did his lawyer receive the summons or just general paperwork. Or any paperwork at all ? He lies alot

Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Assuming you (and it would be your responsibility, or your lawyer's) properly served him with all the necessary paperwork (summons, complaint, and various other required forms if children are involved), than the only stuff his lawyer would receive is what he gave him or her. It would be on the... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My kids are in custody of the state I'm doing what they asked can they deny returning them to me? their mom lost them.
Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Yes; you should seek advice from an attorney versed in abuse / neglect proceedings. "doing what they asked" is a necessary first step, but the law is far more complex than that, and many other factors are in play.

1 Answer | Asked in Education Law for Michigan on
Q: Can a school refuse to allow a student to transition to f2f if virtual is not meeting the students needs.

Our school offers both f2f and virtual. After 6 weeks, it is clear the Virtual platform is not meeting my students needs. My student has an IEP. I Have requested my student return to f2f but have been told I have to wait until the end of the first trimester (end and of November).

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

Good question, that unfortunately, I don't believe there is a solid answer. I would suggest, as is often the case with school law, that your advocacy will matter. If necessary, the issue should be addressed with the district's special education coordinator or equivalent, or the school board.

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: I'm looking for a specific 1960 case concerning road-end beach access. Where can I find this?
Brent T. Geers
Brent T. Geers answered on Oct 13, 2020

Google Scholar is actually a pretty decent legal research option for non-lawyers. You could also see if your local public library has a westlaw or lexis nexus subscription.

1 Answer | Asked in Child Support for Michigan on
Q: If you pay child support, are you still obligated to see the child? And have visitation?
Brent T. Geers
Brent T. Geers answered on Oct 9, 2020

Child support and parenting time are two separate issues. Child support proceeds regardless of parenting time.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I request child support to be re-calculated and back dated?

Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. So continued to collect child support based on her lower wage amount. Can I ask it to be recalculated and back dated to when she got her new job?... Read more »

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

It would depend on how much the support calculation actually changes. Parenting time is a separate issue from child support; you do not get "credit" for your ex wife not allowing you visitation.

1 Answer | Asked in Probate for Michigan on
Q: Can I take over my deceased ex wife's house to raise our minor children in?

My ex wife recently passed away completely unexpectedly with no will. She was not married, we live in Michigan and we have 3 minor children that we shared custody of (her only heirs and family in the United States). She has a home in our preferred school district that is currently just sitting... Read more »

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

You quite likely could do that, and yes, it would require a probate proceeding.

1 Answer | Asked in Elder Law for Michigan on
Q: My Mother lives in AL in Ohio, 99 yrs old. There is division about moving her out. She does not want to move.

POA and Health proxy want to move her. Do they have the power to do that against the rest of us?

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

Likely yes; the POA or patient advocate designation gives them the ability to make those sort of decisions. If your mother is of sound mind, she could refuse or appoint others to act on her behalf. If not, then the move would likely happen. Once POAs or patient advocates go into effect, it's... Read more »

1 Answer | Asked in Libel & Slander and Consumer Law for Michigan on
Q: Is there recourse when I am asked to leave an establishment, when falsely accused of making a female server uncomfortab

I have lived in a small Detroit suburb for 20 years and recently a female server, at a bar I was dining, informed her manager and staff that I made her feel uncomfortable. I was asked to leave by another staff member. So I asked for the night manager whom reaffirmed the servers opinion and asked... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

If you want to prevent this from becoming a bigger and more known issue, the best thing you could do is let it be and not go back to this establishment. It doesn't matter what other business owners say about you; what matters is that a server, her manager(s), and the owner of this... Read more »

1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Criminal Law for Michigan on
Q: In the state of Michigan, how many days can a defendant be held without a preliminary hearing being conducted

My fiance was arrested based on a report I can prove is false. Because of his history from 20 years ago, and the fact that he is on parole, he was given an unreasonably high bond. He has now been held 48 days since the original charges and 45 days since the secondary charges of resist and... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

Something unusual is happening here...I'm wondering if he has been actually arraigned on these charges as opposed to just being picked up on a parole violation. If he was arraigned, he would have needed to consent to waiving the 21-day rule by this point, or waived his prelim. Making matters... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I have 2. Can I sue my step father, he had my Mom sign a Trust last summer before she died, leaving him everything.

My sister, and my Mom's brother, truly believe my Mom was coerced because we knew her, and too many things went against her known wishes. Still is. He is easily a multi millionaire, and my Mother told my sister and I repeatedly what she wanted us to have. Most pre-him coming into our lives.... Read more »

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

Possibly, but it's a longshot. You would need to establish the wrongdoing, which won't be easy. To compound the problem, even if you successfully challenge the validity of the trust, negating the terms of the trust, your mom was still married to this man and he would then be eligible to... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Michigan on
Q: I was tried as an adult at 16 on a drug charge, should I sue the state for sending me to prison underage.
Brent T. Geers
Brent T. Geers answered on Oct 5, 2020

I don't think you have a valid claim to sue the state for sending you to prison on an adult conviction. Many people under 18 are incarcerated in prisons in Michigan as well as just about every other state.

1 Answer | Asked in Traffic Tickets and Car Accidents for Michigan on
Q: Driver failed to stop At stop sign drove over me and my 6 year old daughter on oct 8 2019 Police says driver was cited

It happened in Saginaw michigan it was on purpose can I report it to attorney general now

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

If the driver was cited, I'm not sure what purpose the AG would have in getting involved. You should contact the court or prosecutor's office to see what happened.

1 Answer | Asked in Sexual Harassment for Michigan on
Q: My friends daughter is 17 years old and is dating a 25 year old she doesn’t know what she can do legally to stop them
Brent T. Geers
Brent T. Geers answered on Oct 5, 2020

A call to the police department would probably be the best first step.

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