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Questions Answered by Brent T. Geers
1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: How should I handle being stopped by an accusation of shoplifting when my ostomy bag is full?

I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in... View More

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.

The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that...
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1 Answer | Asked in Domestic Violence for Michigan on
Q: In Michigan what would be ground for dismissal on a domestic violence case?

What would be ground for automatic dismissal on a domestic in Michigan?

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

There is no "automatic" dismissal. Depends on the facts and a witnesses' willingness to testify.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it enough evidence?

A man was masturbating in his window the the 2nd time watching inside my house and my kids saw. I took pictures and called the cops and I want to press charges.

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

I think you have all the information you're going to get (hopefully). Whether it's enough to charge him is a decision the prosecutor will make after you report this to the police. A question will be whether this "show" was intentional or not. There is a difference between being... View More

2 Answers | Asked in Legal Malpractice for Michigan on
Q: Does a County Prosecutor have a responsibility to protect a community?

On February 2nd, I went to Alpena County Prosecutor, C.M., to ask for help and to ask what I should do with the evidence I had documenting that my lawyer, M.E. had swindled me. M**** receptionist threw me out on my ear. When I called later, I was told that if I contacted the Prosecutor's... View More

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

Adding to Mr. Selik's answer: sounds like you have a contract dispute (e.g. you paid X, expected Y services, and received Z services instead) with the attorney, which is a civil matter properly addressed through a lawsuit or AGC action.

The prosecutor's job is to prosecute crimes...
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1 Answer | Asked in Child Custody for Michigan on
Q: Michigan Parental child abandonment how long does a parent have to not contact a child before i can start this process
Brent T. Geers
Brent T. Geers
answered on May 23, 2023

Very much case dependent, but generally two years. Abandonment includes no child support; if the person is paying or providing support, you're going to have a hard time proving abandonment.

1 Answer | Asked in Estate Planning for Michigan on
Q: My brother's name is on the deed, no will. Is he entitled to all money from the sale of the house in Michigan
Brent T. Geers
Brent T. Geers
answered on May 19, 2023

Typically yes, that would be the case. If his name is on the deed, then he owns the house, and so the property would not be subject to probate.

Not sure if this is the situation happening with you, but it's not uncommon, and presents perhaps unintended results, when a parent puts one...
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2 Answers | Asked in Constitutional Law for Michigan on
Q: Can I say, "I amend the 5th" when I get questioned by the police in school?
Brent T. Geers
Brent T. Geers
answered on May 19, 2023

I'll assume you mean "plead the fifth". That right is so gravely misunderstood by the general public as to almost be comical.

If you are questioned by police about something they believe you did, then yes, you have an absolute right not to incriminate yourself....
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1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: M if the “plaintiff” would insult the “defendant” before anything was charged if it would be considered anything

If the defendant is being charged with a serious crime and the victim insults the defendant would that be something to use on the victim and then if so would there be a chance to have the case dropped

Brent T. Geers
Brent T. Geers
answered on May 16, 2023

Possibly. When you are the defendant, you are on trial for your actions. There are cases when the other person's actions may present a defense - and that may be the case with you, but that is something you'll need to discuss with a lawyer.

1 Answer | Asked in Criminal Law for Michigan on
Q: Where can I get a copy of the Michigan Penal Code 750.539d(2)? The congressional site only shows 750.539d.
Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Section 2 would be found within that statute.

1 Answer | Asked in Contracts and Family Law for Michigan on
Q: My son signed over right of his baby to girlfriend when she gave birth. Is this a binding contract?

My son has a job. No addictions. His girlfriend holds this over him and often I ( grandma can't see my grandson because she controls all).

Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Depends on what you mean by "signing over rights". Typically the only thing that's signed between unwed parents is an Acknowledgement of Paternity (AOP). If your son signed such a document, he is acknowledging paternity - that's it. By default, the mother has custody, and no... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: what kind of lawyer would be best able to find and request custody documents from a divorce done back in the 1980s?

My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... View More

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".

Not to be funny or imply anything untoward, but I've seen it happen...
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1 Answer | Asked in Family Law for Michigan on
Q: How does one prove they are not in contempt when there is proof that they are? Michigan

I filed a complaint and we have a show cause hearing, I am trying to play all the possible scenarios in my head, because my ex will have a lawyer and I will not.

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

There are several what are called equitable defenses that your ex's attorney may try to argue. Rarely is anything - especially in family law - cut and dry. For now, no sense in stressing yourself about it; wait and see what happens at the hearing.

2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: If i know I am going to be charged soon should I lawyer up now
Brent T. Geers
Brent T. Geers
answered on May 11, 2023

Absolutely you should. Particularly if the case involves allegations of criminal sexual conduct. There is a lot that can potentially be done "pre-charge". And an attorney can help you through any police contact or negotiate for your peaceful surrender if necessary.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: My mother & I are both on mortgage. She's principal borrower. She passed. Can/Do I assume the mortgage? Please help! Ken

Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2023

Being on the mortgage and being on a deed are two different things. If your name is on the deed, then I think you can be reasonably assured of not losing the home to your sister.

As to the mortgage itself, if your name is already on the mortgage, I'm not sure there is anything you need...
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1 Answer | Asked in Criminal Law for Michigan on
Q: warrant is issued for new charges while serving time in a diff county, will the time being served count for both countys
Brent T. Geers
Brent T. Geers
answered on May 3, 2023

Not necessarily. Could probably work something out as part of a plea agreement.

1 Answer | Asked in Education Law for Michigan on
Q: So I been kicked out this school a lil while back for something but I was never sent any papers or even giving a hearing

So I was never aloud to attend no hearing or even giving any papers to say I can’t even come back and every time I tried to schedule one I got no response is this even legal because now I wish to attend the prom but I they won’t let me come but they let the boy I got into the altercation wit... View More

Brent T. Geers
Brent T. Geers
answered on May 3, 2023

You parents should know what's going on and are the ones that need to be addressing this situation on your behalf.

1 Answer | Asked in Employment Law for Michigan on
Q: Hey my mom passed away a month ago and before she was sick she worked at a factory for like 7+ years but when

My aunt one of her beneficiaries try to collect her 401(k), but they keep telling her that my mother didn’t work there that they have no record of her but I remember her working at this facility because we used to come to her job with her to grab paperwork sometimes

Brent T. Geers
Brent T. Geers
answered on May 2, 2023

Do you have old tax returns or W-2s for her? That should tell you a lot. It's possible she worked at the physical location but for a different entity, like a temp agency or supplier.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How can a judge make you pay half for a item that you don't own to the other party in a divorce? Other party has noproof

Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.

Brent T. Geers
Brent T. Geers
answered on May 1, 2023

Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.

As to...
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Michigan on
Q: I am currently on Section 8 in MI my kids dad will be getting paroled soon. Can he be paroled at my home .
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2023

I don't believe so, but you should check with the landlord and county DHS, and he should check with his parole agent.

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