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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: cops told me no contact with a guy the guy got into contact with me, i ding dong ditched his house can i get charged?

My girlfriends ex was harassing us, i told him i would defend myself if he took it any further because he tried to meet up. he called the cops on me and the cops told me not to get into contact with him and he cant with me or my girlfriend anymore, he eventually broke that rule 2 months later and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2024

Big life lesson here: why are you fighting stupid with stupid? He already called the cops on you; what makes you think he wouldn't call again? What did you think was going to come from you going to his mom's house? You are needlessly putting yourself in situations you don't need to... View More

1 Answer | Asked in Family Law for Michigan on
Q: How do I sign away my parental rights in Macomb Michigan? What forms do I need to fill? My child’s mother agree as well.

I don’t want to be involved at all

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

Not that easy; And doesn't matter that mother agrees. The state does not allow a parent to simply say "I'm done" except through a proper adoption proceeding or an abuse / neglect proceeding that results in termination of parental rights.

If the child's mother is...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?

My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More

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

I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.

If this is an accurate read of...
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1 Answer | Asked in Family Law and Divorce for Michigan on
Q: I obtained a personal loan under my name so my wife can pay off her credit cards with the agreement she makes the

Payment, she has been making the payment for the last 2 years but now she refuses to continue paying. There is a balance of $15,000 left, can I sue her in court to force her make the payment or refinance the loan in her name

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Are you contemplating a divorce? You signed an agreement with the bank or wherever else you obtained the loan, promising to make good on it; the bank will continue to look to you for payment, and you will remain legally on the hook for it. It doesn't matter what sort of other agreement you... View More

1 Answer | Asked in Employment Law for Michigan on
Q: My friend recently was forced to resign because they said either get terminated or resign.

The letter they gave them said they were considering termination because they used 5 of the sick days they gave them to use and that that they were late on multiple times. I understand being late can result in being fired but mostly everyone that works in that building comes in late every day. Not... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Consider some maxims here: 1) when you're in the doghouse, it's not the time to bark. 2) pointing out the splinter in someone else's eye does not remove your own.

Your friend is obviously on someone's radar in the wrong way. Why would he or she want to remain working...
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2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

No. The Internet has a long memory. And unfortunately it isn't always accurate. Even when people are acquitted after a trial - usually months or years after news breaks of their arrest - those initial reports remain.

Further, news sources have a right to publish public information, and...
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2 Answers | Asked in Criminal Law for Michigan on
Q: How do I replace my michigan federal court appointed attorney who is racist and hostile
Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Excellent advice by Mr. Carron. All too often, clients think lambasting the attorney to the judge - whether right, wrong, or otherwise - will help them. In most instances, it's harmful to the client.

Judges understand attorneys and clients are people, and not everyone gets along for a...
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2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal

And is it good to go to trials on these cases

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2023

Only you and your current lawyer will know the answer to this. As a general proposition, the outcome after trial in terms of punishment is worse than with a plea.

You need to decide whether you are guilty. It's not a question of what you think is right or wrong, or even what you think...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Michigan question

if someone is an inmate in michigan and gets extradited to florida for criminal charges and the verdict is rendered and they signed papers to be sent to do prison time back in Michigan how long does it take to get back there? and who's responsibility is it to get the prisoner back to Michigan?... View More

Brent T. Geers
Brent T. Geers
answered on Dec 7, 2023

Generally, it's the state requesting extradition that's responsible for the pickup and costs. In this case, it sounds like Michigan is requesting this person back, and the signed papers waiving extradition. Now it's a wait-and-see game.

There is no set timeline. Often -...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Do inmates have rights as far as HIPPA or privacy rights that guards are not allowed to share with people?

My brother is dating a girl that works in the jail my boyfriend is currently an inmate at. When my brother told her who my boyfriend was she shared a lot of information with my brother that was in my boyfriend's file, I feel this is at best unprofessional, but is there anything legally that... View More

Brent T. Geers
Brent T. Geers
answered on Nov 26, 2023

Without knowing what information specifically, it's hard to say. Some information on your boyfriend's file may also be public information, such as charges.

Might be unprofessional, at worse, but could be more. Larger issue is that unless the disclosure is something pretty major,...
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1 Answer | Asked in Family Law for Michigan on
Q: Legally, is the next of kin to a biological child, both biological parents?
Brent T. Geers
Brent T. Geers
answered on Nov 21, 2023

The next-of-kin for a minor child would be one or both LEGAL parents, which in most cases are the same as biological parents. Fathers of children born out of wedlock need to establish paternity to become the legal father. Even when children are born of a marriage, a court's custody... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.

We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2023

To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it legal to put hidden cameras in my home to collect evidence that my child's dad is abusing him without him knowing?

I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.

Consider this: You leave him and file for custody alleging that he abused your child and you have video...
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2 Answers | Asked in Employment Law for Michigan on
Q: I have a labor question about being late and not getting paid.

I work at a school and get paid biweekly. The past two months have been crazy trying to buy a house. I’ve been getting to work one to five minutes late throughout the months. I was talked to and was told for punishment I get a whole days work docked off my pay. I was given the times I came in and... View More

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

I understand the punishment seems beyond the crime here. But keep in mind that if you work in a school, it's not just you and your time that factors into things: if you are a teacher, or otherwise worked singularly and directly with students, someone else may have had to step in on your... View More

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1 Answer | Asked in Family Law and Probate for Michigan on
Q: My fiance died with no will. No kids. His new phone is on my plan with a significant balance. His sibling took his phone

His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.

Update.

I have asked for the phone back since I am paying the bill. They will not give it back.

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

This is a scenario with a legal answer and a contrary common sense approach.

If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Do I create a new appeal for post judgement proceedings or amend earlier appeal of judgement?

Greetings, lawyers.

I'm a Tenant in Detroit, MI (Wayne County) currently in Landlord-Tenant Proceedings. I appealed a decision from 36th District Court to 3rd Circuit Court. The Landlord started post-judgment proceedings in 36th District Court and we entered a Consent Judgment through... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2023

I would suggest you retain an attorney ASAP. Just in what you state is the posture of the case, there are several procedural problems to your detriment. First, I'm not sure what you understood the consent judgment to be, but it implies a final order made by the agreement of both parties. You... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Once PPO expires in Michigan, does anything remain on record? Can I now have a career in law enforcement? Or own a gun?

Ex girlfriend filed a PPO, it went uncontested (long story, but all allegations were false).

Brent T. Geers
Brent T. Geers
answered on Oct 20, 2023

PPOs in general are non-public records. Once expired, you can possess a gun again (presuming you are otherwise entitled to do so (e.g. not have a felony conviction).

Can you have a career in law enforcement is a question you'll have to ask the certification people and any hiring...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I am trying to locate a legal aid attorney .for divorce

My ex is in for life prison.i am very afraid still and need to break all ties to him.the judge has given me until Nov 4th to serve the paper to him.

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2023

Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do... View More

1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Inquiring about a law suit for failing to operate a electronic ankle monitor. As a result my child was shot.

The company failed to provide adequate services. We would like compensation.

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

You'd have to expand, greatly, on how failing to operate an electronic ankle monitor somehow caused or contributed to your child being shot.

Very generally, civil liability (e.g. what you would be suing for) ends upon someone else's criminal activity. This is why you don't...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Does interest on a post divorce related money judgment accrue from the divorce date or judgment date?

Michigan Divorce was 5/2017 and 401k was part of settlement. However neither of us pursued the QDRO for over 2 years. 2019 I became unemployed at which point I had to access the 401k funds. As a result my x spouse filed a motion and a money judgment was awarded to her for half of the original 401k... View More

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

Typically, judgment interest accrues from the date judgment is entered. In your case, the judgment that matters is the divorce judgment. The QDRO is simply a mechanism to enforce or effectuate the judgment, so it's date does not matter.

Judgment interest is intended of course to...
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