Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: How do I get my Husband case remove off the internet as this is causing turmoil in my family

Derik Rothrock can this please be removed

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

Simple answer is you can't. Criminal cases are a matter of public record. Is your husband convicted or charged and acquitted? Even if acquitted, court filings are generally available to the public.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I retract statements as false allegations to my boyfriends parole officer? the statements i made led to a violation.

My boyfriend was taken into custody on a violation. He chose to waive his hearing with the parole specialist. I had no evidence or reports to back up my statements of domestic violence- I verbally reported to the parole officer, and i would have chosen not to testify if there had been a hearing.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Regarding to Michigan Clean slate law. Is 750.413 not included? It is very vague on traffic offenses.
Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

Off-hand, it may be included. Generally, "traffic offenses" are confined to MCL 257.

1 Answer | Asked in Criminal Law for Michigan on
Q: MY FRIENDS HOUSE WAS RAIDED . ONLY ONE PERSONS NAME WAS ON THE WARRANT.BUT THEY FLIPPED THE HOUSE AND NOBODY WAS IN THE

HOUSE. IS IT TRUE THAT ONE PERSON CAN BE IN THE HOUSE WHILE THEY SEARCH? I HAVE A LOT MORE. THE INVENTORY THEY TOOK WAS NOT LISTED

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2023

Yes, and yes to your questions. The search warrant would be based on probable cause that evidence of criminal activity could be found within that house. Whether they found anything or not is largely immaterial. As to what was taken, people with ownership interest in that property could file a claim... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Hi my son lived with me until he was 12 years old and when he went and lived with his dad he put me on child support

Shouldn't the dad owe me for 6 years if he didn't pay anything when he was with me for 12 years

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

I understand where you're coming from. Unfortunately the law does not work that way. Child support doesn't kick in until there is 1) a request (either by the state of either parent), and 2) an order. You (or the father) not pursuing child support for the last six years was your agreement... View More

1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Michigan on
Q: I mailed two small tins of cannabis salve to my sister in another state. Just received message package seized my law

Mailed because she broke her hip and in pain

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

Not sure what your question is, but marijuana and it's byproducts are still largely unlawful under federal law, hence probably the USPS response you received.

1 Answer | Asked in Criminal Law for Michigan on
Q: Felony probation violation, new charge " poss meth/ectasty" all from November 2021. ready to turn himself in.
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

There is not enough information here to determine with any accuracy how much time your fiance is looking at. And you shouldn't post more information on a public forum like this.

Call around to local criminal defense attorneys. They will need to know his criminal history, what he's...
View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Landlord/Tenant question about eviction process in Georgia!

Due to a family emergency with my elderly parents, I had to relocate to Michigan. I could not pay my rent on April 1st. I contacted my landlord on March 31st and explained to them my situation. I have never been late on my rent until April. On April 11th, I received an email from my landlord... View More

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

You need to contact a Georgia attorney if the property is located in Georgia.

If Georgia law is anything like Michigan law, you may be in a tough spot with your lease expiring. The landlord could elect not to renew your lease regardless of your payment situation - the question would be a...
View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My x who is in prison has subpoena my children 1 is his the other not and is an adult do they have 2 testify in Michigan
Brent T. Geers
Brent T. Geers
answered on Apr 18, 2023

I can only assume your ex is doing this without an attorney, otherwise I'd be loath to explain the subpoena to a judge....

I suggest you retain an attorney. There are likely procedures your ex is not following that can be exploited to your benefit.

1 Answer | Asked in Uncategorized for Michigan on
Q: pulled over for taillight not working. DL was sus. Asked to search vehicle said no. Did anyway. Wrote wrong vehicle inf

They wrote wrong vehicle info in the ticket and report. Completely wrong year model and vin. Only thing correct was the color. They "allegedly" found drugs in the vehicle. Can the whole case be thrown out because of the amount of wrong information on the ticket.

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

Your problem is going to be that once it became known your driver license is suspended, you were subject to arrest, and the search of the car became a search incident to arrest; they didn't need your consent. The wrong info on the ticket is immaterial.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it possible to get a bench warrant for an open intoxication removed at an arraignment?
Brent T. Geers
Brent T. Geers
answered on Apr 16, 2023

Yes, provided it's the same court.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was issued a PPO after I kept calling a woman asking for a std result and she never would give me can I fight this?

She provided every test result except one I also live in Ohio this woman lives in mi i also owned a firearm prior to meeting this woman the order says im supposed to turn over my firearm which I will I was wonder if I can fight the case do to woman giving me a std or should I just give up I do have... View More

Brent T. Geers
Brent T. Geers
answered on Apr 13, 2023

Regardless of why you were contacting her, it apparently was non-consensual. The better way to have handled it? You could have filed a police report. You could sue her civilly.

Can you fight the PPO? Be mindful you only have 14 days to object once served. From what you write, I can't...
View More

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Michigan on
Q: I texted a coworker using a texting app about my sexual fantasy and want to know if i can get in trouble.

.

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

This is an "in the eye of the beholder" situation - provided that you are not using work resources. However, relationships and feelings change, and it's generally best to keep personal and work life separate.

1 Answer | Asked in Uncategorized for Michigan on
Q: A friend passed away and I am in possession of his vehicle. he has no family how can I take ownership?

Close friends for over 40 years and I am closest person he has to family. there's also a home he owned.

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

You, or someone, will need to initiate probate court proceedings - likely an assignment of property - before you can have proper title to the vehicle. Unfortunately, when it comes to the law, "close" only counts in horseshoes...

1 Answer | Asked in Family Law for Michigan on
Q: Its understood that first cousin marriages are illegal. But can cousins cohabitate legally in Mi?

In a relationship for 4 years (living together for 2). By chance it was discovered that we are first cousins. Research on the legality of this is confusing. I am 55 and she is 53. Children and marriage were never an option but it was suggested that we risk jail time. It's complicated by... View More

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

I don't think you can legally marry, but you can choose to live with whomever you like.

1 Answer | Asked in Workers' Compensation for Michigan on
Q: Can the law firm representing me in my workmen’s Comp. case replace my attorney the day of the facilitation hearing?

I have a workers comp case that has went to a facilitation hearing that is headed for trial. The attorney at the facilitation hearing was not the attorney previously assigned to me. I met this attorney the day of my hearing.

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

Short answer is yes, they can. You retained the firm, not an individual attorney. The firm is responsible to provide you AN attorney, not THE attorney. It is not uncommon for attorneys within a firm to cover hearings for each other when scheduling conflicts arise.

1 Answer | Asked in Business Law and Employment Law for Michigan on
Q: I am the Receptionist and Personal Assistant to the CEO of a clinic. The CEO assigned Closing notes to me

The CEO has told me to go into her login, correct the notes and then sign off of them electronically. These are patient notes. I discussed this with my former supervisor and she explained how this was illegal. I need advice as I’ve closed dozens if not hundreds of notes for her.

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

I think you need to address your concerns to your current CEO. Your CEO may be unaware that what she's asking you to do is unlawful, and will hopefully appreciate you bringing this to her attention. She may also know it is permissible and be able to explain to you why it is. Either way, your... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: How can a warrant request be placed on a LEIN when the charge hasn't been adjudicated?
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2023

That's one of the purposes of LEIN - Law Enforcement INFORMATION Network. A warrant is notice to law enforcement to arrest you if contact is made; that's why warrants are placed in LEIN.

Charged and pending cases will show up in LEIN.

1 Answer | Asked in Criminal Law for Michigan on
Q: How do I file with the court a Petition for Removal of Uncharged Offense from LEIN?

Because of this uncharged offense on the LEIN I'm constantly being denied gainful employment.

Brent T. Geers
Brent T. Geers
answered on Apr 4, 2023

Depends on what exactly is going on and what you consider "uncharged". If you were charged and then that case was "dropped" or "dismissed", that's not "uncharged", and the information would properly show up.

1 Answer | Asked in Sexual Harassment for Michigan on
Q: An officer sexually touched and then threatened my fiance at Gus Harrison correctional MDOC who do I contact?
Brent T. Geers
Brent T. Geers
answered on Apr 3, 2023

Contact MDOC's legislative ombudsman.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.