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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: Currently my boyfriend has been in custody since 10/2019. I have questions in regards to speedy trial and pandemic.

He is currently awaiting trial and had been for 2 years. His original trial date was set for 4/2020 before it was canceled because of Covid. He is still awaiting and serving dead time for over 2 years now. It seems that the court system is scheduling trials for individuals that committed the... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

The frustration is understandable. I can tell you your boyfriend is not alone in his situation as many others - including parolees - have been or are still in the same position.

Just know that what most people think of as "speedy trial" is far more nuanced and complex. Just by...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: An ex requested a ppo out of state
Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

What is your question? If you are aware of a PPO or have been served with one, you should act to respond appropriately to the allegations. If it's from out of state, you will likely need to hire an attorney in that state.

1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: My former boss loaned me 1500 and I haven't been able to pay it back. He's taking me to court. What should I expect?
Brent T. Geers
Brent T. Geers answered on Jan 6, 2022

Assuming it's small court...no attorneys are allowed. You'll have a hearing - maybe with a judge / probably a magistrate or referee, depending on how that particular court is structured. From there, it will look a lot like what you may see on those judge TV shows (without the drama and... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I need to know if my CSC 4th degree from1998 in Michigan is eligible for expungement
Dana B. Carron
Dana B. Carron answered on Jan 6, 2022

You need to speak to an attorney that handles expungements, because it will depend on your complete criminal history. We handle these, or you can contact someone else that you find here.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Michigan on
Q: Why would the death certificate be pending, when the Post Mortem Report listed "clozapine toxicity"?

He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.

Brent T. Geers
Brent T. Geers answered on Jan 4, 2022

Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.

0 Answers | Asked in Criminal Law for Michigan on
Q: K.c.s.d. outside or someone saying they are saying i was convicted in absentia for breaking a childs arm 20 years ago i.

Im about to committ suicide please i need an answer

1 Answer | Asked in Criminal Law for Michigan on
Q: My Fiance was spit on and acted in self defense and was arrested. What can we do?

My Fiance was spit on after warning a person in a boarding house situation to get away from our door and informing him that he had defense spray. After this person lunged into the doorway and spit in his face, he used said defense spray and acted in self defense. Police said they couldn't... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 27, 2021

To render a competent opinion, any attorney will need to see the police report. A lot will depend on what the police believe happened, what your fiance's record is like, what other witnesses say, etc. He may raise self-defense as a trial issue.

1 Answer | Asked in Criminal Law for Michigan on
Q: Should this evidence have been presented during initial contact with the courts?

Persons have been exonerated due to official misconduct, false confession, perjury or false accusation or false/misleading forensic evidence.

Brent T. Geers
Brent T. Geers answered on Dec 27, 2021

How does any of this relate to what, presumably, is a case against you? The problem when people start saying "so-and-so committed perjury / lied / etc.", is that you have to prove it. No court is going to make a conclusion based on a bare-bones assertion that someone lied or some false... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: If a Misdemeanor marijuana possession charge from 2013 is just now going into pre-trial, will it be dismissed?

A possession charge from 2013 was never taken care of. On a trek to take care of old stuff, it was assigned a pre-trial/arraignment date. How likely is it that the judge will dismiss the case given the current legality of marijuana in the state?

Brent T. Geers
Brent T. Geers answered on Dec 23, 2021

Wow! Haven't seen one of those in awhile. The court would not have to dismiss it, because it sounds like it was charged at the time and just not addressed. However, I would imagine the prosecutor will be very interested in resolving this favorable and quickly.

1 Answer | Asked in Criminal Law for Michigan on
Q: How do I post a 10% cash deposit bond and how do I know if my friend is eligible?
Brent T. Geers
Brent T. Geers answered on Dec 23, 2021

Contact the jail. They will know what the bond is. There are basically three types of bonds: personal recognizance (basically a signature promising you'll show up to court), 10% bonds (you pay 10% of the total bond amount in cash or surety, and cash/surety (the entire amount needs to be place... Read more »

0 Answers | Asked in Criminal Law for Michigan on
Q: Hello. Are you licensed in Michigan?

It is about 10% direct bond.

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Brent T. Geers
Brent T. Geers answered on Dec 22, 2021

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: how can a person get plea deal back after denying the offer andgoing to trial and get found guilty?

Also in a case of jury tampering, where a juror told two other juror about being approach outside court room about finding defendant guilty. do the judge have to do an investigation questions all jurors whos involved or could the judge just bring out all jury member and not question them about the... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 21, 2021

You're not going to get the plea deal back. The time to accept the plea deal was before the jury sat down and was sworn in. Once a trial starts, you're in it for all the marbles.

Jury tampering is a separate issue, and will need to be addressed on appeal possibly. From the...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I am asking a question regarding time credit/served in jail.

I have a family member in jail serving time for a case in one county, but they got locked up while on bond for a different case in another county. Will they be able to get time credit/time served?

Brent T. Geers
Brent T. Geers answered on Dec 7, 2021

The general rule is that you get time credit for one case at a time.

1 Answer | Asked in Criminal Law for Michigan on
Q: During a bench trial, when should a motion in limine be granted? 5 points A. When the evidence could inflame the judge’
Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

The standard is the same in a jury or bench trial: motions in limini - to exclude or restrict certain testimony - should be granted when the evidence is more prejudicial than probative. If you don't know what those two terms mean in the legal world, you absolutely should have an attorney, who... Read more »

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: Hello I would thoughts on a investigation being done on me and if I would need to have help?

Was investigated by CPS for someone calling in alleging that I molest my child. My child is not biologically mine I believe that the biological father had something to do with the call. but at the end of the investigation they found no evidence of abuse happened. Especially with interview with my... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

Can they criminally charge you? Yes. Will they, with the child victim saying it didn't happen? Unlikely (assuming a forensic interview was conducted).

CPS investigations are civil in nature. While it all may appear similar, it is legally two different legal matters: civil and...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: I was pulled over while driving someone else's car (with permission) because his license was suspended.

But he has been incarcerated in prison in the state for almost a year, so there is no possible way he could have been driving. The cop also said he witnessed the driver to be a male, and he is personally familiar with the registered owner, so he would have known that that is not who was driving. He... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2021

Wow! You might have something there. Worth a shot.

1 Answer | Asked in Criminal Law and Identity Theft for Michigan on
Q: Any Advice

I Got Arrested For 3rd degree retail fraud and I was so scared cause I never been in trouble so I was acting out of fear and used a fake name and now I got a letter in the mail to get arraigned and I Don’t Wanna go to jail I have a 1 year old son and I just got a good job working at the hospital... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 17, 2021

Best to face this head on. Otherwise, there will be a warrant for your arrest. And while the police likely won't come out with the SWAT team to arrest you on something like this, these sort of things often creep up and catch up with you when you can least afford to deal with it: you get pulled... Read more »

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