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Michigan Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Michigan on
Q: Can you find somebody out of jail if you have a no contact order on them

The courts are the one who placed the no contact order

0 Answers | Asked in Criminal Law for Michigan on
Q: What is the definition of a unlawful search and seizure.can a officer search a woman's purse with out permission

While the purse is in the vehicle being searched

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.

Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has...
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2 Answers | Asked in Criminal Law for Michigan on
Q: can i be in the room with my fiance and his P.O so i can atest that he hasnt been using drugs

I need to know now his test is anytime today

Brent T. Geers
Brent T. Geers
answered on May 2, 2024

That would be up to your fiance, and more specifically, his PO. I'm not sure what value would be placed on what you have to say. His drug test will either be negative or positive, and what you have to say probably won't change that.

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0 Answers | Asked in Criminal Law for Michigan on
Q: Can a c/I use drug on a buy
1 Answer | Asked in Criminal Law for Michigan on
Q: I was charged with possession of firearm while intoxicated in Michigan. NO breathalyzer was given how can I be charged

And sentenced with no bac proof.

Brent T. Geers
Brent T. Geers
answered on May 2, 2024

You can be charged and convicted upon proper proof of either:

(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The individual has an alcohol content of 0.08 or more grams per...
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1 Answer | Asked in Family Law and Criminal Law for Michigan on
Q: A girl 10 discloses to mother sexual touching by father no criminal charges is this a confirmed case of sex abuse

Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2024

By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only... View More

0 Answers | Asked in Criminal Law for Michigan on
Q: I sold an alcoholic beverage to an on duty officer during restricted hours. What should I expect and what can I do?

I work in Flint, Michigan. Last night around 5AM an officer in uniform came up and bought a couple things including an alcoholic drink. Without thinking, I scanned his ID and sold him the alcohol during restricted hours. I don't have any prior crimes and I'm concerned about facing jail... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I tried to turn myself in on Friday 4-19 when I was supposed to but I was late on the time.. they would not take me due

Due to having no i.d and no paperwork. I went back Tuesday as I have no vehicle and they wouldn't come get me.. it's on a circuit.court sentence I sat for 10 hours and left due to no food or drink and was ignored the whole time at the jail. I'm calling sheriff now.. can they get me... View More

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2024

New charges? Unlikely. The court may issue a bench warrant though. I would suggest contacting the court to let them know you've been trying to turn yourself in, and keep trying to do so.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: how long does it tak e to appeal acrimal case
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2024

Months or years. It's not a fast process. And in the cases meriting success on appeal, you often times end up back in the trial court for further proceedings, which again takes time.

1 Answer | Asked in Criminal Law for Michigan on
Q: What do the state have to prove if illegal substance found in Vehicle and driver nor passager was aware of it..yet both

Was charge with intent delivery...

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Possession can be actual or constructive. Knowledge can be established with circumstantial evidence (e.g. if something was found on the dashboard, a fact-finder - the jury - can infer that you were aware of it.

As a very general proposition, a driver is responsible for anything in the car....
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

James L. Arrasmith
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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Criminal Law, Real Estate Law, Tax Law and Identity Theft for Michigan on
Q: My real estate agent owned my property through fraud, including identity theft and forgery of documents.

In 2018, I bought a house in Michigan through a real estate agent living in Miami. During the purchase process, my real estate agent recorded my address as Miami in all documents, even though I do not live in Miami. I am not an American citizen and do not reside in the United States.... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you provided, it appears that your real estate agent may have committed serious crimes, including fraud, identity theft, and forgery. If your allegations are true, you have the right to take legal action against the agent and potentially recover your property or receive... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: i am in a relationship with and 18 year old and i am 14

when my boyfriend was 16 i lied and said i was 15 and we did sexual things, when he found out we continued to do sexual things. police got involved and we stopped talking to wachother sexually and kept it platonically police closed the case as i had all my electronics taken away and it wasnt... View More

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Yes! And regardless of your consent. Your boyfriend may soon learn the hard way about perceptions sometimes being reality.

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Can I own a firearm legally if I live with a felon if its for work?

I just moved to Michigan and currently live with a felon, I am trying to go to college for Criminal Justice and get my Guard Card to become an armed security guard. Is there a way for me to legally own a firearm for work if I live with a felon or do I need to move for that to happen?

James L. Arrasmith
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answered on Mar 25, 2024

In Michigan, living with a felon does not automatically prohibit you from owning a firearm, especially if it is for work-related purposes such as becoming an armed security guard. However, strict precautions must be taken to ensure that the felon does not have access to the firearm, as this could... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

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