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Michigan Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Personal Injury, Antitrust and Civil Litigation for Michigan on
Q: HOW CAN THE ENTIRE 8TH DISTRICT COURT HOUSE KNOW MY STORY AND OFFER NO HELP?

I HAVE HAD THE KALAMAZOO PUBLIC SAFETY USE AN IMSI CATCHER TO PREVENT ME FROM CONTACTING EMERGENCY HELP AND I HAVE ADVISED THEM ALL THEY ARE UNDER CITIZENS ARREST AND THEY NEED TO CONTACT THE MICHIGAN STATE POLICE AS I HAVE WITNESSED ALL OF THEM IN THE COMMISSION OF FELONIES. THEY REFUSE TO COMPLY... 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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0 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Lemon Law for Michigan on
Q: Theft by deception, insurance fraud, attempted murder, etc was attempted with my family. Need a good lawyer.

Purchased a mazda 6 2013 used on February 20, 2024. It was for mainly traveling for my son who is a burn victim and needs special treatment. Marc was informed that we needed a safe and reliable car, for that reason. Everything about the vehicle was wrong. I have all of the proper documentation and... View More

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

1 Answer | Asked in Criminal Law for Michigan on
Q: What is the likely time to be served in jail for a telecommunication interference charge from 4 years ago.nobody injured

Court sent the letter requiring him to be in court for the charge, to the wrong address so he never knew about the charge or the warrant. They're holding him in jail with no bond.

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2024

If he's never been arraigned, he should be soon, where the judge or magistrate will set a bond. If he had been arraigned, and simply missed a subsequent court hearing, then it's a matter of addressing it with the court through a bond motion.

I would not anticipate any great...
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1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: I was assaulted by the same person I filed charges on a year ago but the city I attempted to file them in did nothing

As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2024

I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More

0 Answers | Asked in Criminal Law for Michigan on
Q: My brother was involved some sex crime allegation over new years 2022 there put charges on in June of 2024 in Illinois

This is after a long investigation in July of 2024 he was pick up by Wayne county Michigan over July 4, 2024 there said he has out of state warrants. But he has Wayne county court charges "fugitive of justice- felony" is this a additional crime in Michigan or is this a just the reason for... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: How/why would a prosecuting attorney for criminal court move forward with charges on a he said/she said case?

There is no evidence, no witnesses. Just the statement from the alleged victim and police cam of each, and police report (that's not accurate in several areas when watching the video and reading the report side by side). The discovery trial happened, that's ALL they had. Now, there is... View More

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

Work with your attorney. The fact of the matter is that a person's testimony IS evidence. Certainly, the prosecution would love corroborating physical and direct evidence (e.g. video), but that's not usually the case. And they can proceed to trial without anything else if they believe the... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I really be charged for a Auto theft felony under the circumstances? Yes I abused the Privilege but it was not theft

Was renting a uhaul truck consistently for approx 6 months for Business. Although uhaul's policy is to check in &/or return every 24hrs. They have consistently let me breach the actual contract terms. So, I would always go days & weeks without contact before I check in with them, catch... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2024

You absolutely can be criminally charged. Just because they let you go for awhile doesn't mean they can't at some point file a police report that initiates charges. The lack of contact is probably why. Also, UHaul probably has internal policies that even though the GM may know your... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: How can I find out the reason why a misdemeanor case was dismissed by the city attorney?

Background: Our neighbors keep burning outdoor fires late at night polluting the neighborhood. After the cops had come out 5 times without charging them for open burning, we finally insisted on the 6th time that they be charged, which they were. The case went to pretrial but it was dismissed by... View More

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

There would not otherwise be a reason expressed in most cases. The prosecutor (or city attorney) can dismiss cases at any time without giving a reason.

0 Answers | Asked in Criminal Law, Personal Injury and Products Liability for Michigan on
Q: My son just got out of the hosptial from getting epstein barr virus from his ex is there anything we can do

He told my son that he was indeed clean of any sti ot stds

1 Answer | Asked in International Law and Criminal Law for Michigan on
Q: I shipped magic mushrooms spores threw the usps mail f I called to track my package and it directed me to customs & sect

I also had 4 bags of uncle beIns rice in which I sent with spores inju Ted. Not sure if mycelium grew or not but it isn't able to produce mushrooms until id do the next step by adding concentrate. So no actua mushrooms.

James L. Arrasmith
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answered on Jun 26, 2024

If you're concerned about potential legal issues, I would strongly recommend speaking with a criminal defense attorney who can advise you on your specific situation and legal rights. They can provide confidential guidance on how to proceed.

For your wellbeing and safety, I'd...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I was arrested for my first offense of a misdemeanor. If I get sent to jail, can my mother keep my child?

Father is unknown, not in the picture, and not on her birth certificate.

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2024

Yes. Preferably through a prepared power of attorney form. But you might be putting the cart before the horse here; I would not anticipate any significant jail time on a first offense misdemeanor.

1 Answer | Asked in Criminal Law for Michigan on
Q: is pepper spray legal self defense in Michigan
Lisa Kirsch Satawa
Lisa Kirsch Satawa
answered on Jul 12, 2024

Yes! It is legal to both buy and use pepper spray in Michigan.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Michigan on
Q: I'm being summoned to court which is 3 hours away for an arraignment about my dog biting another dog. What should I do?

While out in public, my leashed medium-sized dog got entangled in a crowd, while trying to unentangle him, he attacked a small dog that was being walked toward our direction. My dog hasn't had any issues previously which makes me believe that the little dog did something that my dog reacted to... View More

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

Hire an attorney in the location of the arraignment. They may be able to arrange for this to be done by zoom or resolve it by some other means.

If this incident happened in your location, I'm unsure how you would be arraigned in a court 3 hours away. You also need to look into that...
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1 Answer | Asked in Criminal Law, Divorce and Child Support for Michigan on
Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More

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

Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Would it qualify as a mistrial if a judge that was removed from from a case due to conflict of interest still presides?

The judge that is presiding over the case was initially the prosecutor that brought the charges. Would that qualify as a mistrial due to conflict of interest or something else? How do you file to have this investigated? What type of motions need to be filed?

James L. Arrasmith
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answered on Jun 10, 2024

If a judge who was previously the prosecutor in a case is now presiding over that same case, it can indeed be grounds for a mistrial due to a conflict of interest. This situation raises serious concerns about impartiality and fairness, as the judge's prior involvement as a prosecutor could... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: How can I get a copy of jury instructions from an old state criminal case?
Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

Model standard jury instructions are available online. Note, though, that those may not be what were actually used in the trial as some courts use modified or specially prepared jury instructions. What will matter for your case is what was actually read to the jury.

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What happens if a presiding judge is put on a case that has conflict of interest with the defendant.
Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

Any party can motion for the judge to recuse him or herself.

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