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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: How can I find out the reason why a misdemeanor case was dismissed by the city attorney?

Background: Our neighbors keep burning outdoor fires late at night polluting the neighborhood. After the cops had come out 5 times without charging them for open burning, we finally insisted on the 6th time that they be charged, which they were. The case went to pretrial but it was dismissed by... View More

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

There would not otherwise be a reason expressed in most cases. The prosecutor (or city attorney) can dismiss cases at any time without giving a reason.

1 Answer | Asked in Uncategorized for Michigan on
Q: Does Michigan FOIA violate the First Amendment when dates are redacted?

"The language of Michigan FOIA authorizes, but does not require non-disclosure of public records falling within a FOIA exemption, is clear and unambiguous."

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2024

In short: no. Constitutional rights are protected by tests that weigh legitimate government interest. There are a number of exceptions that could allow government (e.g., the police) to redact information such as dates or names.

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: A friend bought my parents foreclosed house- can they sell back to me now at same low price?

Purchase was 10 years ago, and under market value. Any statutes apply? Michigan

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

Agreed. Your friend can sell it to whomever he wants, for whatever price he wants to offer it for, and has no obligation to sell it to you or at all.

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1 Answer | Asked in Juvenile Law for Michigan on
Q: Can a juvenile probations officer over ride so of your house rules and punishments
Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

A juvenile probation officer can recommend, and then a judge order, that you be put in residential placement or detention. And so yes, a PO can override house rules and punishments.

1 Answer | Asked in Consumer Law for Michigan on
Q: Is video, gps, and time and date stamped proof enough to prove warranty case?

I purchased a new Ford Bronco with the expressed intent of towing it behind my motorhome. There have been a number of cases of transmission and transfercase failures due to flat towing. There is a specific procedure needed to be performed before towing. Ford is denying all warranty claims if... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

Hard to say. Bigger question is whether it's worth the time and expense to contest it.

1 Answer | Asked in Family Law for Michigan on
Q: I live in Michigan and I live with my cousin. I have an issue with my sister just popping in whenever she wants.

Normally this would not be an issue but my sister and I have a very long issue with her coming into my home when I am not around, sleeping with my man, telling my man lies and causing problems for me to come home to, leading to destruction of my relationships and moving abruptly on multiple... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

This is more a boundary issue than a legal problem. Is it your's or your cousin's house? Depending on your answer to that, you need to have a conversation with your cousin about this and whether you or they need to move out if you can't be on the same page about this issue.... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Is a guarantor on the hook financially if a tenant gets evicted?

An unreliable tenant may be getting evicted in my unit. If they used a guarantor to secure housing, will the guarantor be at risk financially if there are any legal issues?

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

Financially to the extent there is debt or money owed.

2 Answers | Asked in Bankruptcy for Michigan on
Q: I would like to file bankruptcy chapter 7 I'm low income I would have start the process and where do I come
Brent T. Geers
Brent T. Geers
answered on Jun 26, 2024

Best thing to do would be to call your local legal aid office.

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1 Answer | Asked in Criminal Law for Michigan on
Q: I was arrested for my first offense of a misdemeanor. If I get sent to jail, can my mother keep my child?

Father is unknown, not in the picture, and not on her birth certificate.

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2024

Yes. Preferably through a prepared power of attorney form. But you might be putting the cart before the horse here; I would not anticipate any significant jail time on a first offense misdemeanor.

1 Answer | Asked in Uncategorized for Michigan on
Q: How may a complaint be well-pleaded without making a legal argument?

The court form state "do not make legal arguments." Without making a legal argument how does someone show how they were injured and prevail i.e. acted in bad faith, under color of law etcetera?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

A complaint must establish a factual basis for all claims presented. A legal argument is different: It analyses facts with the law. What you want to do in a complaint is simply present facts.

1 Answer | Asked in Contracts for Michigan on
Q: My Mom passed, I found a Deed for Internment Rights(4 Plots)she purchased many years ago, can I sell them?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

Probably. Although you may need to open a probate estate to obtain authority to do so.

2 Answers | Asked in Constitutional Law for Michigan on
Q: If u have a warrant pending an the police pull u over unconstitutional can u beat the cases for the warrant
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

No. The warrant makes you arrestable. The case you have a warrant for must be decided on the facts present in that case, not what the police did in the present.

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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

You will need to file a motion in the family court.

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1 Answer | Asked in Employment Law for Michigan on
Q: Is there a legal response to a company who does not provide a minimum number of work hours and sends you home daily ?

Company will not fire you for bad work ethic or lay you off. They do not say you are a bad worker, in fact they have said the opposite. They apparently want you to quit, but then you cannot claim unemployment.

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

Unless you have a contract that specifies a certain number of hours (e.g., you are guaranteed a certain number of hours), what the company is doing isn't necessarily unlawful.

1 Answer | Asked in Health Care Law for Michigan on
Q: HIPAA violation resulting in threat of violence. Is this worth pursuing?

A Healthcare worker provided mine and my husband's description and vehicle information to her husband and had him come up to the hospital while we were leaving to block us going the opposite direction on the road. He then got out of his car and started yelling at my husband, stopped and... View More

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

The assault is worth pursuing; the HIPAA violation, probably not. Make a police report.

1 Answer | Asked in Civil Litigation for Michigan on
Q: I just received a summons but is past the allotted days to respond. And it was a photocopy What do I do?
Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

Contact the plaintiff's attorney and file an answer.

2 Answers | Asked in Gov & Administrative Law for Michigan on
Q: May an emergency petition be filed inthe Eastern District Federal Court in order to compel an expedited FOIA disclosure?

This is my second request for the same information. The FOIA coordinator response date is a single day after the anniversary date of the injury. I need the documents disclosed prior to the anniversary date. Thanks.

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

Unlikely to happen. Do you even have a case pending in the Eastern District? If not, how would that court even be able to act on your request?

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2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Would it qualify as a mistrial if a judge that was removed from from a case due to conflict of interest still presides?

The judge that is presiding over the case was initially the prosecutor that brought the charges. Would that qualify as a mistrial due to conflict of interest or something else? How do you file to have this investigated? What type of motions need to be filed?

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2024

Are you saying the issue was raised before? It would be odd for a judge to recuse themselves but then come back to preside over the trial. What is your lawyer saying about this?

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1 Answer | Asked in Collections for Michigan on
Q: Garnishment was taken from me but then cancelled and retracted, who do I contact to get my money back?
Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

You'll need to contact the creditor - whomever was to receive the garnishment.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

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