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Questions Answered by Brent T. Geers
1 Answer | Asked in Criminal Law for Michigan on
Q: If my EX's BF threatens me in front of my child, and I file a police report for light assault. Would CPS get involved

This is not his first time intimidating and making threats in front of my kiddos. In this case, he invaded our personal space within 2-3 feet behind my son (age 12) and I. I asked (politely) if he could give us more space, he took a step closer and said "It's a free country". Then... View More

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

If you allege this happened in front of the children, the police *should* be making a CPS referral as part of the reporting process.

2 Answers | Asked in Health Care Law for Michigan on
Q: Can I be trespassed from Bronson Methodist hospital legally. I found a bottle of profolol and mom was conscious but...

After finding a bottle of profolol and taking a pic I asked my mom's nurse if she was being given this med, she first said no, then after I asked why is this bottle in her room, the nurse said well yes she had been given the medicine. My mom was conscious but unable to talk, which is why this... View More

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

You absolutely may be trespassed from the hospital. If you have care concerns, those perhaps should be addressed as Mr. Selik suggests, or you may need to get other doctors involved to facilitate movement to a different facility.

You will always lose the battle between you and hospital...
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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How do I get my kids back after I went to jail an lost them
Brent T. Geers
Brent T. Geers
answered on Feb 5, 2023

Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?

If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son and his ex are having issues about their daughters Dr. The mother agreed to a pediatrician and 4 months later cal

Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... View More

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

Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... View More

1 Answer | Asked in Child Support for Michigan on
Q: can a court charge you child support without your knowledge
Brent T. Geers
Brent T. Geers
answered on Feb 3, 2023

Depends on how it is done, and what you mean by "your knowledge". But yes, it is possible to be subject to a support order without your knowledge.

1 Answer | Asked in Insurance Bad Faith for Michigan on
Q: Insurance company will no longer pay for restoration from hot water tank flood, what can i do?

clean up company already started cleaning the basement and removing drywall and demolition has started, but now the insurance company will no longer cover the cost.

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

You need to talk with an attorney focused on insurance. It will matter whether claim was approved and for what work.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: Filing a uniform child custody jurisdiction enforcement act affidavit, what do I have to provide

I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?

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

Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.

1 Answer | Asked in Child Custody for Michigan on
Q: Can I sue my attorney for not doing anything on my behalf in my child custody case which resulted in lost of custody?

My sons father took me back to court over child custody. We were never married I had full custody. Him and his lawyer knowingly and deliberately lied in court. My attorney never called a witness that I suggested to him or presented evidence that I had given him or told him he could obtain that... View More

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

Best advice would be to contact another family law attorney to review everything. You could certainly talk with a malpractice attorney, but some of what you write concerns trial strategy, which is difficult to show malpractice.

1 Answer | Asked in Criminal Law for Michigan on
Q: What if I called the court on the 30th to ask him if I can go ahead and do zoom on the 31st for my court date

I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... View More

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

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward....
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2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... View More

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

The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... View More

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: can a traffic stop be conducted or started after I have exited my vehicle in front of my own home

I was stupidly drifting on my road and after I parked in front of my house and exited my vehicle and proceeded to walk to my door a police cruiser then came around the corner flashed his lights and stepped out of his vehicle to conduct a traffic stop can an officer conduct a traffic stop after I... View More

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

Very fact-dependent, but short answer is yes.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is a cease and desist warranted for someone who is attempting to blackmail you?

Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... View More

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

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... View More

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

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

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

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan and my divorce was finalized December 15th. I was awarded all property, does that include firearms?

I was awarded all property in my possession and that includes his 2 firearms, which were obtained during the marriage. He is asking for them, but shouldn't they be included in the property settlement? He was supposed to sign over ownership of property in my possession within 30 days as well.

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

Without looking at the judgment of divorce, I'd say you're in the pole position on this issue. Question though should be whether it's worth your time, effort, and possibly money, should he file a motion over items you apparently know he wants.

If you have no personal...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question pertaining to law enforcement surveillances What rights does the subject have regarding privacy?

Subject has not committed or been charged with any infractions or violation. Noticed drone tracking

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

Lots of questions before there can be any answers. 1) how do you know the drone is tracking you? Generally speaking, even if the drone is tracking you - presumably from the air - you don't have a privacy right walking or driving down the street. Things get trickier if a drone is hovering close... View More

1 Answer | Asked in Education Law for Michigan on
Q: In Michigan is it legal for a public school to release a minor child to someone they were distinctly told not to

He was released to his grandparents that work for the school district even after I told the high school staff not to it took me 3 weeks to get him back

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

Really depends on your legal status to the child, the other parent's legal status to the child, and whose been listed on the contact card with the school. It's unlikely you're going to succeed with a claim against the school; your bigger issue is within the family.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Someone else drove my car and made I'd home before police officers had it tow from private property

I spent 10 days in jail for warrent at $45 dollars a day impound fee $243 to tow my car a minute away and face hard times without a car as it is my only means to work it's still in the impound and by now don't know if I have a car

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

What is your question? Sometimes the impound people will agree to waive or reduce the fees to allow you to get the car out, but otherwise, your car is staying there until the fees are paid.

1 Answer | Asked in Health Care Law and Divorce for Michigan on
Q: My husband tried to commit suicided, was taken to hospital and transferred to a inpatient mental intuition.

He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... View More

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

Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.

At this juncture, you...
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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can I be held in contempt and put in jail for back child support when my only income is SSI.
Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Yes. But generally the dependent portion of your SSI serves as the child support payment.

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