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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: Kidnapping victim & perp live in different states, where should the victim file the complaint?

If the victim & perpetrator live in different states but were both in the same state at the time, where should the victim lodge a complaint, in which state's court should I file and is it still considered a federal crime if the crime didn't cross state lines?

I was visiting... View More

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

You should contact Detroit police. Frankly, I'm not sure what they are going to do with a three year old complaint.

1 Answer | Asked in Criminal Law for Michigan on
Q: Over a year ago. This woman basically crazy out tried to attack and break into a couples home. All on video.

Over a year ago. Almost 13 Months now.

She was charged with 4 felony's ! Destruction of Property (2 counts over a 1000 each), Domestic Violence & Home Invasion. She was arrested in Jail for 4-5 days and Bonded out for 7grand and was forced to wear a GPS Tether. At the Dist Court... View More

Brent T. Geers
Brent T. Geers
answered on Aug 18, 2022

Impossible to say without review of the record. Outside looking in, a lot of people make the mistake of comparing case-by-case. Every case is different, even between same charges and similar facts.

It's not at all unusual that if she's bonded out and has to this point complied...
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1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: In michigan, can you expunge a DUI from twenty years ago, if I had a 2nd offense that was reduced to reckless driving?
Brent T. Geers
Brent T. Geers
answered on Aug 16, 2022

Technically, yes; practically speaking...you really need to consult with a local attorney who knows your judge.

1 Answer | Asked in Criminal Law for Michigan on
Q: Prior to 2021 in Michigan you had to of committed a crime before turning 24 to get the HYTA correct?

Also say the courts granted someone a HYTA but later found out the person who received it was not eligible for it in the first place what would happen? I happen to know someone who received their HYTA prior to 2021 who committed their crime after their 24th birthday and I have no idea how they even... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

That is correct. That sort of thing happens though, from time to time. It's likely nothing would come of it if no one said anything about it before.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: can a judge revoke a bond for absolutely no reason at all??

he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... View More

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

Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: What will happen now after marijuana legalization in Michigan, having a marijuana misdemeanor warrant from 2016?

I was charged with possession of marijuana, i was pulled over, officer said he smelled marjijuana, i told him i forgot i had a grinder in my council and not in the back in a lock box, I had my medical marijuana card, since it was not locked up, I gave him the grinder, he charged me with possession... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Great question! Like many changes in the law, it remains to be seen what will happen in situations like yours. Best thing to do is contact the court. If there is a valid warrant for you, you may be arrested on it, so it's important to address it. And what matters is whether your actions were... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: for in michigan my attorney has a written statement from the person who did the crime but hasn't brought it to the

the prosecutor isn't that holding evidence ?

Brent T. Geers
Brent T. Geers
answered on Aug 2, 2022

Withholding evidence, or not subordinating perjury? That's a question your attorney is probably wrestling with.

And what value do you expect this written statement to be? A note saying "I did it" does nobody any good without that person physically turning themself in. The...
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1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I don’t remember when my jury questionnaire was sent and I haven’t sent it in yet

I am worried about contempt, I am in Wayne county, MI. I’ve never had a felony or misdemeanor, and I’m able to report for jury duty. I’ve lost the return mailing address envelope sent so I don’t know where to send in a filled form. I guess my question is what is the chance I go to jail or pay a fine

Michael Zamzow
Michael Zamzow
answered on Aug 1, 2022

This is not legal advice, don't construe it as that. The only certain way of getting an answer you can rely on is by hiring an attorney. Below are some practical considerations:

Sometimes the best option is to call the clerk of courts and let them know. While you might face contempt,...
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2 Answers | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I've hidden 98% of my assets in crypto. Can this be found in a custody case?
Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

Can they be found? I'm no expert in crypto so I don't know. The opposing party's attorney, through appropriate discovery demands, could establish that you have or should have a certain dollar amount in assets, whether they are in crypto or not.

Larger question is what would...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Do you have to plea guilty to get delayed sentence (771.1)? Can you plea no contest?

I already plead no contest and finished delayed sentence, is there any advantage ie expungement or replea to bring this up after case has been dismissed?

Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

No. I'm not sure what you'd be looking for. If the case was dismissed because of the agreement that you successfully complete a delayed sentence, then there is nothing to expunge because you have no record.

A guilty plea and no contest plea are treated the same for most all the same purposes.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to throw something at a drive through window

They closed the window on me after calling me a liar

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

No, it's not. It's called malicious destruction of property. Or, depending on what you throw and who happens to be at the window at the time, could be felonious assault or worse.

What would you gain by doing so? Do you think they'd open the window and apologize to you? If...
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1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.

Is there a current PPO? You need to file an objection and have a hearing about that. Until then,...
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1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: my ex girlfriend intentionally tore her amniotic membrane 8 weeks before her due date to get out of work, is that legal?

She also maliciously infected me with covid after I found out. And then falsely accused me of ppo and stalking. What laws did she break? Do I have a case?

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

Not sure she broke any laws. How would you prove any of this? You should focus on the allegations against you; the defense of which is not unsubstantiated claims.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a US law/policy that incarcerated person's/violent offenders are required to participate in rehabilitation?

Before/after violent offenders are bonded out or released from prison is there any policy/ procedure in place for them to be rehabilitated?

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

"Rehabilitated"? They don't call prisons "correctional facilities" for nothing, right? In all seriousness, and sadly, no; There is no uniform policy to rehabilitate people in this country.

Criminal policies and philosophies change over time, and often driven by...
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1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Is it true if you’re not sentenced within six months of an arrest, the court will dismiss the case?
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Not true at all. There are guidelines that determine when cases should be completed. And there is a right to a speedy trial. But it's not at all what people think it means.

1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: If I am arrested are the police allowed to keep my phone and search it from the moment of arrest w/out consent?

My fiance was recently arrested on suspicion of armed robbery. The details of how he was named the suspect are very unclear and we were told several different stories from someone identified him to he matches the suspect in the photo (photo is blurry and shows someone whose face is fully covered... View More

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2022

Your boyfriend - not you - needs to get a lawyer to handle this. And you should also not be talking to the police without your own lawyer, including answering questions you have no obligation to answer.

How he was identified as a suspect is something for his lawyer to figure out. The police...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... View More

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2022

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Subject in question was charged with v.c.s.a possession of cocaine < 25g. Upon search of a motel room drugs were found.?

The Defendant had no drugs on person. Passed a drug screen and lie detector.

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

What is your question? Possession can be either physical or constructive. If the drugs were not found on his person, I suppose the polygraph could refute him having knowledge of them, which is an element of constructive possession.

Still, that might be a question of fact for a jury, if you...
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