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Questions Answered by Brent T. Geers
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

1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More

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

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is there anyway to request a full license and removal of my interlock device? I’ve completed all tasks but Sos says 2027

I restored my license from revoked status October of 2022.

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

The 2027 date is probably when you are eligible after having your license revoked. You should consult with a local attorney experienced in driver license restoration to see if you have options such as a hardship or circuit court appeal. However, it's likely that if driving at all is important... View More

2 Answers | Asked in Civil Rights for Michigan on
Q: How can I as Pro se case go forward with my identity being protected and anonymous?
Brent T. Geers
Brent T. Geers
answered on Sep 3, 2024

Who do you want to be protected and anonymous to? As indicated by another attorney, there are ways to file, and certain types of actions, that could keep your identity effectively "under seal" - meaning not part of the public record. However, it's unlikely you'll be able to... View More

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1 Answer | Asked in Estate Planning for Michigan on
Q: Can an estate going through probate be partially disbursed among four beneficiaries before knowing the total value?

The estate has two homes, one sold and the proceeds deposited into the estate account. The other is wanting to be purchased by one of the beneficiaries but needs the money currently in the estate account. Can those monies be distributed to the beneficiaries?

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2024

Probably not, and depending on where in the probate process the estate and what type of estate it is, it could be unlawful or at least unwise for the personal representative to do so.

The person wanting to buy the house could propose a promissory note agreed to by the personal...
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1 Answer | Asked in Child Support for Michigan on
Q: I have a 16 year old daughter. I'm the father. Our daughter has lived with me since we broke up nearly 11 years ago.

We have joint legal custody her mom has full physical custody. Her nom is not really involved in her life. Might see her once every few months. Hasn't had an over night stay with her mom in nearly 5 years. The BM dropped child support nearly 8 years ago. I just received a letter that our case... View More

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

Sounds like this is just the standard 3-year opportunity to review support letter. That is a statutory opportunity. If neither you or the BM request review, nothing will happen. However, that means particularly that whatever support is ordered will not change.

1 Answer | Asked in Collections for Michigan on
Q: How to win against a debt collection lawyer for a debt that I have already disputed?

My employer received a garnishment against me. I have already disputed this debt with the credit bureaus and had it removed and spoke with the collection agency and argued it is not my debt. I was on a lease with my mom and her boyfriend, because I was over the age of 16 I had to be listed on the... View More

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

Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: What can I do moving forward? Legal aid told me they don't have the resources to handle real estate issues.

I purchased my home 17 months ago. Nowhere in the sellers disclosure did it talk about any major issues with the home whatsoever. However I've now come to find out it has major foundation issues that need to be repaired or it will continue to sink into the ground. I had a contractor come out... View More

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

The best use of what money you have now would be to fix the foundation. Going after the seller could be a fools' errand if all you have to go on is the neighbor saying they talked about it. You'd need more proof than that. Also, even if you were successful, you might get a judgment... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Michigan on
Q: what will my boyfriend get for his fidsf drjug offense

my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court... View More

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2024

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: In landlord, tenant law, can an eviction be quashed Under the 56 day rule If the court took too long to rule on appeal?

I was evicted from my home for nonpayment of rent. I filed an appeal. The 30th circuit court took six months to rule on my appeal. They agreed to uphold the eviction. Can I quash the eviction under the 56 day rule? I have paid all of my rent into escrow. I have a remaining balance of $1805.72 can... View More

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

Unlikely. While I like where you're going with your logic, unfortunately the law doesn't work that way.

Procedurally, there was an order for eviction that you appealed. When you appeal, things are sort of put on hold during the pendency of the appeal. Then, the decision is made...
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