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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: need I formation about running away of felony probation of delivery and manufacturing of narcotics less than 50g or less

Did complete my 2 yr. Drug court program for my felony probation but I still had fines to pay but found out I had the controlled buy done on me and I ran because I was scared I would go away for a long time and not see my family. How long will I get in prison if I go back and turn myself in I have... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

You will be sentenced on your probation violation, with your original sentencing guidelines used for a good estimate. Additionally, you are likely facing a new charge, and points will be assessed for picking up this new charge while on probation in the sentencing guidelines. Without knowing more... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: We have a grandson in valley Alabama. He will.be 18 .January 1st .his mother left Michigan with 3kids.my son and her

Have joint custody .she wasn't Supposed to not move 100 miles away. She did with out a court order. any his son found his dad and wants to come home. Would like to know if he can go and get him and bring him home. Please answer this question thank you grandma. Ps.the mother hasn't contacted the... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

As you might imagine, your son will need a court order. It is certainly possible to obtain, and in fact the mother could have a lot of answer for.

1 Answer | Asked in Employment Discrimination for Michigan on
Q: I am currently pregnant can I be denied short-term disability from FMLA? I’m due in two months.

I am having severe back pain and some other issues I have written out paperwork of my doctor approving this leave. The woman that I am working with as my case manager is telling me that is not good enough I am going to physical therapy twice a week for it.

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

FMLA and disability are two distinct things. You can qualify for FMLA leave and benefits, but not disability, and vice versa.

1 Answer | Asked in Child Support for Michigan on
Q: I submitted a request for child support in March 2019 in Michigan. Still no word. Do I need a lawyer? Thanks. A Mom.

Currently the MI website says "Your application for this case is being processed. The Ask a Question feature will become available to you once the application reaches the Prosecuting Attorney." How do I find out what is going on? How long does it take? Getting very low on funds. Any help is... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Has paternity been established? If not, that could explain the delay.

2 Answers | Asked in Business Law and Tax Law for Michigan on
Q: As an income tax preparer in which I run my own business, I am being asked by a client of mine to cover the additional

property taxes that are being assessed for the past 3 years since the state denied his homestead exemption on his residence. He is married and his wife and he have lived in separate homes the past 3 years. He claims that I should have known to file them each "married filing separately" in order... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Doubtful, but you should really check with your insurance carrier and any ethics or licensing board to whom you have reporting obligations. Now if the client told you he specifically wanted to file married filing separately, and you didn't do that, that may lead to a different outcome.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My lease provides internet but I've only gotten a shared password from the landlords house next door and it barely works

It's been 6 weeks. Can I buy my own internet and deduct it?

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Unlikely. You do have Internet access - not exactly blazing fast Internet. You can buy your own, but it would be on your own dime. Unless the landlord made some affirmative assurances about the Internet (i.e. "always on", or a certain speed), there's not much that can be done.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord sue for eviction within 2 weeks? I thought you had to be 30 days past due?
Brent T. Geers
Brent T. Geers answered on Oct 14, 2019

The landlord can start eviction proceedings anytime you are late. However, that triggers a right to cure. In other words, if you pay, than the proceeding stop.

If you are chronically late, or if there are other lease violations, the landlord can give you a 30 day notice to quit. And for...
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1 Answer | Asked in Child Support for Michigan on
Q: Both of my children now over 18. Ex owes over $26,000 in back child support. FOC no help. How do I collect?
Brent T. Geers
Brent T. Geers answered on Oct 11, 2019

This is a tough one, but I believe your now-adult children would need to sue. Child support is for the child's benefit, not the other parent, and so they would (likely) be the proper plaintiffs.

1 Answer | Asked in Divorce for Michigan on
Q: How long do you have to be married to qualify for a spouses 401K in a divorce?
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

There is no time requirement, but when making an equitable division of assets (and debts), we're looking toward what is considered the marital estate - meaning anything acquired or accumulated during the marriage. In the case of a retirement account, what may be relevant is what contributions were... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Hello, my husband is on probation till November 21 I heard that the court could take him out of probation.
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

Probation officer can ask the court to release him from probation. Whether the probation officer would be willing to make that ask, and whether the judge would agree, depends on the circumstances.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: What are my rights?

I have a friend that was a witness to a fire that caused several deaths in his previous apartment building. The attorney for the building has been reaching out to him through calls, text and email to depose. My friend just started a new job & the attorney contacted his new employer this morning. Is... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2019

First question is why is he avoiding deposition? It sounds like he is vital to the case and not the plaintiff or defendant. I would imagine the attorney would be very open to being as accommodating as necessary to secure the testimony, and is not out to make your friend's life difficult.... Read more »

2 Answers | Asked in Small Claims for Michigan on
Q: Hi i have an ex friend that owes me 4000 dollars there was only a verbal agreement no luck getting ahold of her
Brent T. Geers
Brent T. Geers answered on Oct 6, 2019

Do you have anything documenting the agreement? Like a cancelled check she cashed? You would likely need to file a small claims action. But even if you win, all you are going to get is a judgment - which is little more than a piece of paper that says she legally owes you money.

While...
Read more »

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1 Answer | Asked in Criminal Law for Michigan on
Q: Should i be convicted to elude a police?

I was going after a truck, and i used the passing lane to over take the truck. After passing through, i started to lower the speed under the speed limits. After sever miles, i noticed the police car with light, i don't know they are aiming at me and i didn't hear any police car honking. Then i... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 30, 2019

The facts being as you described, I would be surprised to find a prosecutor willing to dismiss the charge, or a jury able to find that you did not have intent to elude after traveling several miles even at lower speeds. Only a local lawyer able to go through all the evidence against you can give... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: Information on possible outcomes for a resentencing
Brent T. Geers
Brent T. Geers answered on Sep 30, 2019

Not sure the exact nature of your inquiry, but resentencing opens things up to any allowable penalty.

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1 Answer | Asked in Civil Litigation for Michigan on
Q: when does a district court judgment to a credit card company expire?
Brent T. Geers
Brent T. Geers answered on Sep 29, 2019

10 years, unless renewed for longer.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can I change my kids last name from my maiden name to my married name. I have soul and legal custody
Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

No, and particularly not if you and your new spouse are not doing a step-parent adoption.

1 Answer | Asked in Criminal Law for Michigan on
Q: How long can they keep you in custody for arson charges with no evidence?

They put a no contact bond condition on my husband so he can't contact me but I'm his spouse and care taker of our 2 month old daughter.

He has a prelim on tuesday and they want me to testify but I have nothing to prove he's guilty .

Please help i just want him home and know I... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

I know this answer comes likely after your husband's prelim. But I suspect there is much more to this story. That your husband has a no contact order with you as part of his bond conditions tells me that at least the court believes you may be more than a witness, but a victim in some regard.... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: How can a $5000 agreed judgement in 2000 (no more heard) become today $20,000 now 2019 and wages garnished without know

A third party brought a judgment (not sure when) Judgement was $5000 and my wages was just garnished for a 19 year old judgement for $20,000. We have not heard anything since we agreed on $5,000 until his wages where just now garnished from another 3rd party who bought the judgement. The real funny... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

With interest and costs, it's quite easy to get from $5,000 to $20,000 over nearly 20 years. Did you complete the terms of the settlement agreement? If so, that you should take that to the court with proof. Often times, a settlement agreement early on would say something like "defendant agrees to... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I’m going through a divorce and I was told about the dowry law in Michigan. My final divorce date is in 3 days.

I was told that if we don’t settle on an agreement I’m not going to get the divorce until we go through trials until we get the Dowry out of the way. I’m just worried is it even guaranteed I’ll even get it? Or even worth the wait? What do you think I should do?

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

Who is advising you about dowry? He or she may be surprised to know that dowry went away in Michigan back in 2017. Dowry was a 1/3 life estate interest in the husband's real estate. And I'm not sure, really, what implication dowry would have now in a divorce proceeding. The answer to that question... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Can I lose sole custody of my 15-year-old son?

My son moved with me 5 years ago from Michigan to Wisconsin and it was court approved. Since living in WI he has made great friends, plays in sports he never did before, and has great grades in school. Back in December of 2018, my son told an older cousin of his back in Michigan that he wanted to... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

This being in the midst of a school year, I doubt a judge would order a change at this point. However, your son is 15, old enough and hopefully mature enough for a judge to take his opinion seriously. If he wants to move back to Michigan, and can articulate valid reasons (besides "Dad lets me party... Read more »

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