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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What happens if a presiding judge is put on a case that has conflict of interest with the defendant.
Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

Any party can motion for the judge to recuse him or herself.

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: if you were taken to jail. can the arresting officer throw out your property ie phone/backpack while you are in jail?
Brent T. Geers
Brent T. Geers
answered on May 30, 2024

The police typically wouldn't do this. Jail staff might. Ordinarily, the police turn over all property with the person to jail staff. Once that process is complete, the police are largely out of the picture.

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1 Answer | Asked in Libel & Slander for Michigan on
Q: sold my home I made it clear to my agent of these issues I fixed what was recommended for plumbing the guy is trying too

Sue because his toilet is clogging up for non disclosure but I told them nd he had it inspected bought as is does he have a case

Brent T. Geers
Brent T. Geers
answered on May 16, 2024

You are probably right that he doesn't have a case.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Q: After a 23 year relationship/ engagement. Not married. I'm I intitled to file for sweat equity if we separate? Thanks mi

She says everything we paid for that's in her name she will take because we're not married but ingauged for 23 years

Brent T. Geers
Brent T. Geers
answered on May 16, 2024

Unfortunately, there is no such thing as sweat equity here. Being engaged is not a legal status. What's her's is her's and what's your's is your's.

1 Answer | Asked in Uncategorized for Michigan on
Q: If a 18yo threatens to fight a 16yo can you press charges
Brent T. Geers
Brent T. Geers
answered on May 15, 2024

I suppose so. Anyone can contact the police and make a complaint. That doesn't mean the police will do anything about it or "press charges". All depends on what evidence they find through their investigation.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord talk to a friend that called him w/o your permission or even knowledge and discuss your financial situati
Brent T. Geers
Brent T. Geers
answered on May 9, 2024

They can do so legally. Probably not a wise business or professional practice.

1 Answer | Asked in Collections for Michigan on
Q: What do I do about a debt from 2011. My taxes this year were taken for the debt. I called the attorney it was from Allen

Park fire dept. I have never been told about this debt, I would assume my insurance, medicaid, would have paid for it. So supposedly I was served, which I wasn't, because the house that they supposedly served me at has been torn down before 2011. So my question is what do I do about this... View More

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

You may have a service issue as well as a statute of limitations issue to raise in your defense. Contact a local attorney to advise.

1 Answer | Asked in Real Estate Law for Michigan on
Q: If a land contract in Michigan has 2 unmarried sellers can 1 seller represent both sellers in a land contract forfeiture
Brent T. Geers
Brent T. Geers
answered on May 3, 2024

Probably not. They could collectively employ an attorney to represent them.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can I sue

Cops o preformed a invalid inventory search if my vehicle found meth. I went to jail. I fought the case and won. Judge granted our motion to suppress the charges. Case dismissed

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

You cannot sue the police simply because the court dismissed the case. You *may* be able to sue based on police conduct, but that's a tough battle that you'll really need an attorney on board with.

1 Answer | Asked in Divorce and Landlord - Tenant for Michigan on
Q: Is it legal for an apartment complex to tell my husband I am renting from them?

My husband and I live in Michigan and are considering divorce. I went to an apartment complex to sign a lease for a new place. His cousin works there and saw me. He called my husband later that day to tell him I signed a lease. I have yet to talk to my husband to share this news yet. I’m... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

It's not illegal. Whether the apartment complex has an internal policy about their employees (e.g. the cousin) disclosing information is a separate question that you can address with the apartment complex.

1 Answer | Asked in Family Law for Michigan on
Q: My daughters fathers was taking me to court for joint custody. Before our court date a so called family friend

Petition the court to intervene. The judge denied that motion. We had another court date set but a day before that court date we received notice for a guardianship court date in probate court witch was one day before or custody court date. The judge granted guardianship of our daughter to them.how... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

You need an attorney immediately. Your concern right now should be less about procedure (e.g. how the court did this) and more about the facts (e.g. why the court did this).

1 Answer | Asked in Criminal Law for Michigan on
Q: I tried to turn myself in on Friday 4-19 when I was supposed to but I was late on the time.. they would not take me due

Due to having no i.d and no paperwork. I went back Tuesday as I have no vehicle and they wouldn't come get me.. it's on a circuit.court sentence I sat for 10 hours and left due to no food or drink and was ignored the whole time at the jail. I'm calling sheriff now.. can they get me... View More

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

New charges? Unlikely. The court may issue a bench warrant though. I would suggest contacting the court to let them know you've been trying to turn yourself in, and keep trying to do so.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Michigan on
Q: Can someone build a small house on property that is in our dads name but is in an estate/probate.

Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?

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

Perhaps. Ownership and distribution needs to be worked out through probate. But no one is going to independently stop your sister from building unless you all ask the court to.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: how long does it tak e to appeal acrimal case
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2024

Months or years. It's not a fast process. And in the cases meriting success on appeal, you often times end up back in the trial court for further proceedings, which again takes time.

1 Answer | Asked in Family Law for Michigan on
Q: How long does an attorney have to file a court order in family court?
Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

Depends...and then a judge still needs to sign it, which takes more time.

1 Answer | Asked in Employment Law for Michigan on
Q: So I was let go from a Job at a bakery and then the next week I went there went into the safe and grabbed my tip money

there was no sign saying employees only and there was an employee watching me

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

What is your question? What you say you did is potentially a felony crime. When you were let go from the bakery, you had no legitimate business being in the employee areas, regardless if there was a sign indicating as such. Let alone go into a safe.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: i am in a relationship with and 18 year old and i am 14

when my boyfriend was 16 i lied and said i was 15 and we did sexual things, when he found out we continued to do sexual things. police got involved and we stopped talking to wachother sexually and kept it platonically police closed the case as i had all my electronics taken away and it wasnt... View More

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

Yes! And regardless of your consent. Your boyfriend may soon learn the hard way about perceptions sometimes being reality.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Other than the summons and complaint which papers do I serve my ex. Very overwhelmed
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2024

See if your county or courthouse has a legal assistance center that can advise you on this. In many places, a packet of papers are available complete with instructions.

1 Answer | Asked in Sexual Harassment for Michigan on
Q: If the police wanted me for questioning but no warrant will they see change of address at DMV

If I was asked for questioning in Ohio over “allegations from a coworker” but I could pass a background check for a new job and I have no active warrants anywhere I checked…. If I change my address on my ID will the police in Ohio recieve this information and come question me here?

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

If the police want to find you, they have ample other ways to do so other than your driver license. Changing it may help them find you faster for sure, but think about it: how are they able to find all those people who don't have licenses or don't update their address?

1 Answer | Asked in Elder Law for Michigan on
Q: Incapacitated ward, didn't receive or hear about petition for guardianship, didn't get to go either, denied due process.

Petition to terminate? Reconsideration? I had no lawyer either.. judge biass too

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2024

Are you the ward? If so, you should have heard from someone called a guardian at litem to advise you of your rights and options.

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