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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Civil Rights for Michigan on
Q: Is it legal for the Wayne County Medical Examiner's Office to redact the Identification Data Sheets?

Parents are uniformed concerning who the person is on the Identification Data Sheet, is there a way to get the document unredacted in the interest of full disclosure and transparency?

James L. Arrasmith
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answered on Dec 5, 2023

In Michigan, the Wayne County Medical Examiner's Office may redact information from Identification Data Sheets for various reasons, including privacy concerns or ongoing investigations. It's important to understand that these redactions are typically made in accordance with... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Probate for Michigan on
Q: How is it known to the public if court records are or files are sealed?
James L. Arrasmith
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answered on Nov 28, 2023

There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.

Instead, here is what generally happens when records are...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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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 Civil Rights for Michigan on
Q: I was convicted of a crime.i have proof now that police violated my rights by lieing on report. Statute of limitationsup

I have video that proves every cop lied on police report.that got me convicted?

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

Did you have a trial? A police report itself is not evidence, and unless you have video of the police lying about an element of the crime or probable cause, you may be out of luck.

2 Answers | Asked in Gov & Administrative Law, Foreclosure and Civil Rights for Michigan on
Q: Hi, I’m having a hard time trying to hire an attorney, can I Represent myself in federal court
James L. Arrasmith
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answered on Nov 12, 2023

In Michigan, as in the rest of the United States, you have the right to represent yourself in federal court, a practice known as proceeding pro se. However, be aware that federal court procedures can be complex, and representing yourself requires a thorough understanding of both the relevant law... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

James L. Arrasmith
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answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: armed robbery & assault w/ dang. Weapon for same criminal act.... Double jeopardy? cit. People v. Wakeford 418 mich 95

Nothing stolen, car window broken w/ knife (confrontation over past incident of fraud/assault)

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

Are there two victims? I could see these charges with two or more victims. Would be impossible to tell without seeing police report.

2 Answers | Asked in Civil Rights for Michigan on
Q: Do you have to show police your CPL license if you are not suspected of a crime in Michigan.

And or Drivers License while carrying a firearm.

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2023

The answer is within the licensing statutes. The prerequisite CPL class instructs people on their rights AND responsibilities under the law. Importantly, you are obligated to immediately disclose whether you are carrying concealed when approached by law enforcement. Failing to do so, or not having... View More

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1 Answer | Asked in Civil Rights and Education Law for Michigan on
Q: Can I sue my school for neglect if they had a fire drill at 8:40am when it's 28° outside and the kids no jackets

Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is called the superintendent of the school to... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

It doesn’t sound like there were any damages caused to you or to your kids.

1 Answer | Asked in Civil Rights and Education Law for Michigan on
Q: Can I sue my school for neglect if they had a fire drill at 8:40am when it's 28° outside and the kids no jackets

Newberry mi Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is "sinuses" called the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

I assume this happened last winter, as to my knowledge, it's not been 28 degrees anywhere in lower Michigan yet this school year.

A few questions: what are your damages? Did your kid end up sicker? If you were aware that he was sick, why was he at school? Not trying to be funny, but...
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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Michigan on
Q: Can I sue my middle school? I’m now 18 years old and feel like I can speak for myself and how badly this effected me.

When I was 12, I was charged with disturbance of peace and false terrorist threat. I warned another student about what I heard out of fear about someone “shooting the school on Monday”. Little did I know I was soon to be racially profiled being Arab as well as another girl, African American,... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

Yes as an 18 year old you can file a lawsuit on your own behalf. Be aware that such lawsuits will take a lot of time (2-3 years) and cost you a lot of money (most likely $100,000+) and your chance of success is very low (<5%).

But, as an adult now, you are competent to make that...
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1 Answer | Asked in Civil Rights, Intellectual Property, Internet Law and Libel & Slander for Michigan on
Q: Good afternoon, Requesting assistance of an Advocate/Pro Bono Attorney who deals with online cyber bullying & theft
James L. Arrasmith
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answered on Aug 15, 2023

While I sympathize with your situation, I am not able to personally offer pro bono legal services. However, you may want to reach out to local legal aid organizations or bar associations in your jurisdiction that may have resources available for individuals dealing with online cyber bullying and... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Insurance Bad Faith for Michigan on
Q: What's the paper work that I need to file in court forcing HOA , doctors, facility or Insurance to perform their duty
Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

A Michigan attorney could answer best, but your question remains open for two weeks. It could depend on the context. In some cases, the paperwork can include legal filings to place a denied claim into suit if an insurance carrier will not pay a legitimate claim. But this is only a general... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Michigan on
Q: If a inmate in a correctional facility request to go into protective custody to avoid a confrontation with another inmat

And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2023

I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More

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