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Questions Answered by Brent T. Geers
1 Answer | Asked in Uncategorized for Michigan on
Q: Can I press charges on sumone if they took things outta my home and did not have permission to take anything..

My fiance went to jail and I'm residing in are home in which he owns but is my address for last five years, I missed a court date and his best friend showed up with the bounty hunters and they kicked in my door, and they left her in my home after I got arrested, I got out 12 hours later on a... View More

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

You can make a police report. What the police do with it from there depends on the situation.

1 Answer | Asked in Criminal Law for Michigan on
Q: Will I be drug tested at a bond hearing for an assault charge?
Brent T. Geers
Brent T. Geers
answered on Mar 9, 2023

It's possible.

1 Answer | Asked in Criminal Law for Michigan on
Q: Do I have to be present for my attorney to ask for a adjournment
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2023

It's hard to say; depends on where you're at in the case, what the hearing is about, and how far in advance are you asking for an adjournment. Generally, in criminal matters, you are expected to be present for all scheduled court hearings.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: How do I subpoena professional and non professional witnesses? How can I have my children be heard?
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2023

If you are asking these sort of questions, you absolutely need an attorney. There are a whole host of issues you need to think about to get witnesses. It starts, of course, with filing an appropriate complaint, petition, or motion to be heard.

Some "professional" witnesses may be...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a supervisor pos as a caseworker just to get your children taken away when three attempts were already made by three

Three different caseworkers and unsuccessful found out that one of them even admitted that she tampered with my drug screen and now this one was acting as if she was my friend and telling me that she was going to tell the judge I was doing everything right then I was supposed to go to a meeting... View More

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

Her being a supervisor is not your issue. You need to focus on addressing the allegations.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: Is it legal for someone who isnt an employee at a restaurant to open up someone elses bill and look at their receipt?
Brent T. Geers
Brent T. Geers
answered on Feb 26, 2023

Probably not illegal or unlawful, but certainly not good social graces. The question for you, though, is why care if someone else bothers to look as long as they're not doing so to steal your information.

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: My nephew is 17 and has been living with me for almost 3 months now. Can he live with me permanently if he wants to?

My nephew and his mom's relationship is toxic and he has done a 180 in school now that he has been living with me, my husband and his cousins. He does not want to go back and he is safe with us. He has been sleeping on the couch for now but we are in the process of turning the spare room into... View More

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

Have you looked into guardianship? Practically speaking, if the mom is not raising an issue, and him being 17, he can stay as long as you'll have him.

1 Answer | Asked in Family Law for Michigan on
Q: If I have been with my child’s father will he still have to pay child support ?

I have been with my child’s father for about 6 years now , I was on state assistance when I was pregnant but I had that I was living with him . I recently moved back to Michigan where I gave birth and I tried to reapply for assistance and I was told to contact child support office before I could... View More

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

Hard to say, but having a child is exactly why the state directed to to the Friend of the Court. You cannot receive assistance without a child support order or having his income taken into account for assistance.

2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... View More

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

What exactly were his promises to you? By your question, it sounds like he effectively told you "if you move out here with me, I'll do this...". You indicate you have not moved. Had you moved, you might then have some sort of promissory estoppel claim. But unless there is more to... View More

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1 Answer | Asked in Elder Law for Michigan on
Q: Can person be deemed incompetent by a lawyer or does it have to be done by a Circuit Judge
Brent T. Geers
Brent T. Geers
answered on Feb 19, 2023

Some of us wish we lawyers had such superpowers, but the reality is that only a judge has that power. The affected person has due process rights and so is entitled to a hearing.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... View More

1 Answer | Asked in Small Claims for Michigan on
Q: i bought a truck bed from a man who said it was rust free and it has holes in it.

i have copies of his statements its rust free. can i file in small claims and get my money back

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

Possibly. Have you tried contacting the seller to ask for your money back in exchange for the truck bed?

1 Answer | Asked in Personal Injury for Michigan on
Q: Can I sue a hotel for a small injury?

I stayed at the Embassy suites and used the hot tub while there. Two days later I noticed I have red sores on my body. I went to see a dermatologist and was told i have an infection named Hot tub folliculitis. Which develops from a dirty hot tub. I was given antibiotics and cream. even though its... View More

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

I would agree with you in theory. You probably should consider making a complaint with the specific hotel management. There may be some back-and-forth, but eventually an insurance company will become involved. Don't expect much: "pain and suffering" isn't the thing many people... View More

1 Answer | Asked in Divorce for Michigan on
Q: Hello! A family member who is serving time in a Michigan prison just got his divorce finalized and his settlement

is through a Quadro order. Based on the fact that the funds are coming to him from his spouse's retirement account, does he have to pay taxes on his end?

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

He would not, assuming his settlement goes into another qualified account. If he takes all or a portion, or receives payments, those could be subject to tax 9and a potential 10% penalty unless he is otherwise eligible to withdraw.

More concerning for someone in prison: The attorney general...
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1 Answer | Asked in Divorce for Michigan on
Q: Hi I'm terrie an im trying to help a friend out im doing research divorce.he wants the house she only wants it to sell i

She told him she's just gonna sell it he really wants it but thinks he can't afford it alone an she can't afford it either can he stop her from keeping it just to sell it

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

If they are getting divorced, and neither can afford the house on their own, I think the logical conclusion would be to sell the house and split the proceeds.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord force the tenant to do repairs on the house even though they were not the tenants fault?

There is a sentence in the lease that states I am responsible for ALL repairs.

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

Without looking at the lease, it's a reasonable interpretation to assume "all repairs" include those not your fault.

2 Answers | Asked in Criminal Law for Michigan on
Q: How long can the police take to test a drug found in a traffic stop? Is 1yr and 10mo legal between collection and test?

.76 grams of meth which is way less than the 8 grams they originally claimed she had.

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

I agree with Mr. Carron. Most people don't realize it, but time is actually on your side when charged with a crime.

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex wife has sole custody but i have the kids about 40% of the time.

My ex wife has sole custody but i have the kids about 40% of the time. She is leaving the country for 2 weeks and plans to leave the kids with her mom during her parenting time. I am not comfortable with this and I would like to know my options. The kids already mentioned that they will be sleeping... View More

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

You can file a motion to address this parenting time situation or file a motion for a change of custody.

Just know that with her having sole custody, it's you that needs to do the pulling and pushing here to make change.

1 Answer | Asked in Employment Law for Michigan on
Q: Can my job ask for a letter from my doctor that he is treating me for anxiety to get my job back?

I had resigned from my job and was trying to go back all week was told Thursday that I couldn't and then Friday got a call but I have to have a letter from my doctor saying I am being treated for anxiety.

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

Not sure if it will help. If you resigned, it seems your employer acted appropriately in assuming you would not be back.

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for Michigan on
Q: In Michigan, how can a teen victim contradict her story several times and the defendant is still found guilty?

I know that the victim is not the one on trial, but shouldn't the inconsistencies be a red flag and weigh in on the jury's based on beyond a reasonable doubt? I don't know if I worded the question correctly.

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

Only the 12 people on that jury can answer that for you. The jury's job is to weigh credibility of witnesses. They can believe everything or nothing, or some combination thereof.

In CSC cases, it's not at all uncommon for testimony to be inconsistent as stories and memories...
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