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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I have a felony and I want to know how long do I have to wait to get it off my record …

I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

0 Answers | Asked in Criminal Law for Michigan on
Q: My PO sent a notice that our next monthly meeting is for "deferred sentencing/presentence interview." What can I expect?

I am in the state of Michigan and was sentenced to 5 years of misdemeanor probation in February 2022. I have completed all community service, completed all classes, passed all drug tests, showed up to every probation appointment/court appearance, paid all court fees (except my probation fee that I... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Can a bounty hunter looking for my son enter my home without my permission?

I have allowed (3) searches, because they were intimidating. He told me he would arrest me if I didn't let him in. And that he would put my dogs down if I couldn't control them. They also broke the door on a motorhome that that does not belong to the person they are looking for.

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2024

You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More

1 Answer | Asked in Municipal Law and Criminal Law for Michigan on
Q: Do I have a case and how would I go about it?

I got a dwls and was given a 5k cash bond with no option for surety. No factors of flight or public safety were enumerated by the magistrate at arraignment. And I have strong ties to the community and have always shown up to court in the past. The DA was perfectly fine with a PR Bond

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2024

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this...
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1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Michigan on
Q: can a cop pull you over if you did not I commit a traffic violation

yes a cop was doing a on going investigation and he was looking for somebody for questioning but pulled me over to try to find a person so he can question them but again nothing to do with me but he dont have the right to pull me over for no reason said this traffic stop is for a on going... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your experience. Police officers generally need reasonable suspicion to make a traffic stop. If you didn't commit a traffic violation but the officer believed you might have information related to an ongoing investigation, they may have grounds to stop you.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Do all the pages in the Affidavit for search warrant need to be signed by a judge or magistrate
James L. Arrasmith
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answered on Oct 20, 2024

No, not every page of the affidavit for a search warrant needs to be signed by a judge or magistrate. Typically, the law enforcement officer who prepares the affidavit will sign each page to verify the information provided. This ensures that all the details supporting the warrant request are... View More

1 Answer | Asked in Criminal Law, Family Law and Probate for Michigan on
Q: How do I request a copy of my competency report that has been sealed by the judge in my criminal court case?

My mom needs it to get guardianship of me.

Anthony M. Avery
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answered on Sep 11, 2024

Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.

1 Answer | Asked in Criminal Law for Michigan on
Q: What is a quarterly reduction? My fiancé is in Newaygo county jail brought it up to me and wanted me to look into it

He wants to know if he could get out 3 months early with a quarterly reduction

Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Yes, it is a thing. See MCL 800.33. It's rarely successful but perhaps worth a try. The times I've seen it work are when there are verifiable exceptional circumstances well beyond "I've been good in jail".

2 Answers | Asked in Criminal Law and Federal Crimes for Michigan on
Q: what will my boyfriend get for his fidsf drjug offense

my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court... View More

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2024

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

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1 Answer | Asked in Criminal Law and Car Accidents for Michigan on
Q: Where do I find information on plea agreement process , pro and cons, and understanding? for circuit court Macomb county

I am looking for information to help myself and my friend who has a court appointed lawyer for serious criminal charges. He is more than likely going to be offered a plea...I'm looking for information so ,my friend knows what options could be offered and knowing his rights.

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2024

It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Someone said they are going to file a police report on me for something I didn't do. What to expect?

I was in a public park shooting spiders with a salt gun. It's a harmless toy that's not illegal to use in Michigan. A man was recording me and said he was going to report me to the police because he accused me of theft and vandalism. Apparently his belongings got stolen and the bathroom... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

IF he actually contacts the police, the police will likely either try contacting you to see what you have to say or may decide not to pursue criminal charges - in which case you may never hear about this again.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I was pulled over because my license plate number matched an out of state plate number from a stolen plate or vehicle.

This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What rights does my minor child have when accused of committing a crime?
Brent T. Geers
Brent T. Geers
answered on Aug 2, 2024

Minors have substantially similar Constitutional rights as adults. That means if your child is accused of a crime by police, they should be instructed, as adults should as well, to 1) remain silent and 2) request an attorney (and their parents).

Just like adults, what your child says in...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What branch of government is a Michigan district court probation officer? (case law/MCL reference would be appreciated)

The material issue is the issuance of a felony arrest warrant and three search warrants in a felony criminal case, behalf a non-attorney Michigan District Court Magistrate, who simultaneously holds the position of a Michigan District Court Probation Officer, in violation to the "neutral and... View More

James L. Arrasmith
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answered on Jul 29, 2024

In Michigan, district court probation officers are part of the judicial branch, as they work directly for the district courts. The case law you referenced, People v. Kern, confirms that the Michigan Department of Corrections (MDOC) has jurisdiction over probation officers under MCL 791.204.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

James L. Arrasmith
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answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
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1 Answer | Asked in Criminal Law for Michigan on
Q: In michigan, is this considered assault on an officer?

A person flees from an officer. The officer pursues the person. During the pursuit (running after them) the officer trips and falls and injures his hand. In michigan, can the person who flees from the officer now be charged with assault on an officer even though they didn't physically touch them?

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

Yes. The proper charge is "assault / resisting / obstructing" - physical contact is not required. Anytime to assault, resist, or obstruct a lawful order made in the performance of law enforcement duties, you can be criminally charged. Presumably, the chase occured contemporaneously or... View More

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