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Michigan Criminal Law Questions & Answers
0 Answers | Asked in Civil Rights and Criminal Law for Michigan on
Q: i had my criminal record expunged in april 2022 and michigan police record search is still showing my expunged charges

i have been going back and forth with 7th circut court to have a copy of judgment re sent to mi state police i have even sent a certified copy of judgment myself to mi state police and still nothing is being done. what can i do to resolve this issue.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I got change with A&B in Montcalm and have to take class for a sas mrt it is for drugs when I didn't get busted

And I am on probation for 24m and I get SSI and they try to say I have to get a job when it court order

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2022

Often, terms of probation will include substance abuse or mental health treatment even if not a part of the sentencing offense. The rationale is that even if you didn't get busted for drugs, substance abuse probably played a role in the assault.

An alternative to an employment...
Read more »

0 Answers | Asked in Criminal Law, Family Law, Personal Injury and Products Liability for Michigan on
Q: Is it possible that giving toddlers and elementary children narcotics or controlled substances causes them to b addicts?

Like if a child was given a controlled substance like Ritalin or other aphetamines for psych controll, ADHD,etc. Giving these substances to a child as his or her Brain is growing. Will no doubtly contour a childs brain and want and need factors is a direction of addiction. If giving to a child for... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have an arraignment tomorrow morning for a charge I was never arrested and charged for.

I have an arraignment tomorrow morning for a charge I was never arrested and charged for. I am being accused of bailing someone out of jail with conterfeit money. I have NO IDEA if this is true or not, to my knowledge I paid with real cash!! How stupid would I possibly be?! I had no clue. The... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

All you can do is go through the process at this point. The prosecution will need to show that you knew or should have known the money was fake. If what you're saying is true, I think you have a compelling case to make to a jury.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: trying to fill out my appeal how do i find my judges bar number if my lawyer wont help me?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: them my constitutional rights have been violated because my arraignment on information was waived without my knowledge

I am in jail

them my constitutional rights have been violated because my arraignment on information was waived without my knowledge. I nevere agreed on or off the record to waive my arraignment on information. I have nothing on paper with my signature or anything being waived on any court... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

One of two things happened at your prelim: either 1) you did waive circuit court arraignment, or 2) the district court judge arraigned you on the information - possibly because you refused to waive. If either of those two situations did not occur, as you are saying, then the remedy is for you to be... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: if a detective contacts you from there personal cell phone to try and get you to sell drugs for them is that entrapment?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

No. Entrapment is when you are compelled to do a criminal act you weren't predisposed to doing. If you are otherwise predisposed to selling drugs (e.g. you have a history or are a known drug dealer), then the police can lie, cheat, or do whatever else to catch you selling drugs again.

1 Answer | Asked in Criminal Law for Michigan on
Q: does a piece of mail legally establish residency ?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

It can, especially if that mail is a utility bill.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: how can i get my discovery packet if my lawyer wont give it to me? he took my money and wont help me what so ever.

i need the discovery packet to file my appeal.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

First, there is no such thing as a "discovery packet". When people use that term, they are generally referring to the police report, and perhaps fingerprints, DNA, etc. The police report itself is not evidence. But in some cases, that may be the only thing in the "discovery... Read more »

0 Answers | Asked in Criminal Law for Michigan on
Q: Can you be on parole and work release at the same time

I’m transferring my Parole from Georgia to Indiana and I have to serve time in Indiana which normally would’ve been house arrest or work release will I be eligible

0 Answers | Asked in Criminal Law for Michigan on
Q: If you transfer your parole to another state and have time to do can you do work release

I am transferring my Georgia Parole to Indiana and have a one year plea Can I do work release

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: A warrant for failure to appear and the case is dismissed for lack of progress - is this with or without predujice?

offense date-09/07/2013; Domestic Violence, misdemeanor first offense; bond set, failed to appear, fines imposed, case taken off docket.

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

I hesitate about the notation "fines imposed"; that implies there is some sort of disposition on the merits. You really need to contact that court to figure out what is outstanding so you're not surprised in the future. These minor cases have a way of popping up when you least expect... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have ex girlfriend she won't leave she I'd taking my personal property constantly fighting what can I do

I have video recordings Because I feel threatened

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

In addition to having an ex girlfriend, you also have a tenant. You may need to formally evict her. If you are feeling threatened, you could look into getting a personal protection order.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiance got arrested today for having my printed prescription in his wallet that I asked him to carry for me for work.

I put the prescription in his wallet as I do not carry a purse and we work together all over the state of Mi. and that was the safest place for me to put it. So he got pulled over 2 months ago and they found it and let him go now today the cop came and arrested him for a felony for having my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

A comprehensive answer would depend on why he was pulled over to begin with. You could contact the prosecutor's office and show them that the prescription is legit and how or why you asked him to carry it.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: I was convicted of “misdemeanor aggravated assault” on 7/31/2014. When will I be able to purchase a firearm?

Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2022

You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.

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