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![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 19, 2024
Possibly. Most legitimate background checks will rely on what's called ICHAT, which is maintained by the Michigan State Police. That report will have three columns: arrest, prosecution, and disposition. In other words, the report will indicate what you were arrested for, what you were charged... View More
During a hearing to remove a Co-Trustee, the respondents Attorney stated they couldn't respond to a specific section of the Trust as they had never received a copy of the Trust. The hearing was adjourned for 2 months. In the next hearing it came out that the respondent had been paying this... View More
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answered on Jul 18, 2024
You have two issues here: 1) did the attorney commit ethics violations, and 2) did the attorney engage in malpractice. Either way, it sounds like the attorney you are talking about is opposing counsel. As such, he or she has a duty to their client, not you; and candor to the court - not you.... View More
A person flees from an officer. The officer pursues the person. During the pursuit (running after them) the officer trips and falls and injures his hand. In michigan, can the person who flees from the officer now be charged with assault on an officer even though they didn't physically touch them?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 18, 2024
Yes. The proper charge is "assault / resisting / obstructing" - physical contact is not required. Anytime to assault, resist, or obstruct a lawful order made in the performance of law enforcement duties, you can be criminally charged. Presumably, the chase occured contemporaneously or... View More
Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 16, 2024
If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.
I would not anticipate any great... View More
My brother had a heart attack 20 years ago and it left him severely brain damaged. He has been in a semi-conscious state ever since, living in a nursing home, not able to communicate, walk, sit up unassisted, or follow commands. He does track people when they enter a room. He has been fed through a... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 16, 2024
You will certainly need a court order. No medical facility is going to proceed otherwise on such an old directive, especially when there has been care to the contrary since then. There's simply way too much liability here to get it wrong.
As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 15, 2024
I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More
my mother was on 2 pages of drugs and clearly not able to know what was going on. They took her through the bank drive thru and got added on to her account. The next day took my name off and added theirs and then took out money until it was gone. I got all the bank receipts; I am the executor of... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 11, 2024
You've done the right thing and all you can for now. Let the police investigate, which could lead to criminal charges on the caregivers. What your mother wished to happen with the money is not relevant - even assuming you have some proof of those wishes (e.g., a will).
I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 11, 2024
Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More
One child and spouse moved in home and continued making loan payments. It is now 12 years later and he feels the house is his alone. Do the other 3 siblings have any claim on home and land?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 10, 2024
If there is a recorded lady bird deed, then all four of you now have ownership interest. The way to "settle" this is to file a copy of the death certificate, along with a new deed listing you all as owners. While that would settle the legal question of ownership, it doesn't sound... View More
My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 10, 2024
You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 8, 2024
If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.
There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 5, 2024
Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More
My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 5, 2024
If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.
Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 3, 2024
You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More
My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 2, 2024
On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:
"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural... View More
My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 1, 2024
You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More
The only thing that is proven is my dog jumped through a glass window and metal screen and was the only dog around when neighbors dog body was found in my driveway
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 1, 2024
One of the most commonly misunderstood components of the law is evidence. Certainly, direct evidence would be most persuasive (e.g., video of your dog). But circumstantial evidence - what you describe - can also lead to a conviction.
I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 24, 2024
I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.
Under 42 USC § 1983 for mishandling deceased remains/ bodies and manipulating records.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 24, 2024
Unlikely. A successful 1983 claim would need to establish that a government agency or its actors deprived YOU of a Constitutionally protected right; that's not the same thing as their actions simply violating a law as might be the case with simple negligence.
Not saying it's... View More
We've been together for 6 years and lived together the same time we have no land contract or lease but she's mad over an argument and is having her parents file eviction can I fight it and sue
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jun 24, 2024
You can fight it, but you're unlikely to prevail. Your girlfriend's parents are the landowners. Your status as an unmarried couple means you have the same legal status as any other tenant to them. In Michigan, absent a lease to the contrary, you are considered a month-to-month tenant. At... View More
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