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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: If my boyfriend went to court and his case statics say disposed how long does his Parole officer have to lift his hold??
Brent T. Geers
Brent T. Geers
answered on Nov 14, 2021

While on parole - until discharged or revoked - you remain under Michigan Department of Corrections jurisdiction. That is true even when a person picks up new charges. And it doesn't change based on what a local court does.

It's hard to say what "disposed" means. Are you...
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1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Michigan on
Q: If I had illegally used a debit card 2015, moved to Florida what are my options if any? Statute of limitations?

I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... View More

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2021

Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan when a person is charged with death by strangling a another person what may they be charged with?
Brent T. Geers
Brent T. Geers
answered on Nov 10, 2021

Murder. The particular facts, and any defenses, may determine the specific type of murder. It's hard to imagine a complete defense when strangulation is involved. The outcome will likely either be a life sentence without parole or a very long time in prison.

2 Answers | Asked in Criminal Law for Michigan on
Q: Is there a chance based on this case the amount of years could be reduced

I know it’s aiding and abetting but her intention wasn’t for the man to be killed she was looking for her sister and one of the people also looking made the decision to commit murder without being encouraged to do so. She has no criminal history and is not the kind of person that should be... View More

Dana B. Carron
Dana B. Carron
answered on Nov 9, 2021

How do you already know what sentence she will receive? If she agreed as part of her plea to a specific sentence, then she cannot challenge the length of that sentence on appeal. If she did not agree, then she can appeal to the higher court and ask them to reduce it, however, they can only reduce... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: I am 19 and I am getting the non resident ccw in Maine and I live in Michigan can I carry in Michigan with the permit?
Brent T. Geers
Brent T. Geers
answered on Nov 5, 2021

You will need to check into reciprocity; not every state is reciprocal. Additionally, if you are a Michigan resident, even with reciprocity, you would need to go through Michigan's CCW process at some point.

1 Answer | Asked in Criminal Law for Michigan on
Q: If a guy has had a felony warnt for a while, can a lawyer get a "stay" of arrest so he can earn $ 4fine w/o fear of jail
Brent T. Geers
Brent T. Geers
answered on Nov 3, 2021

No. Fines are a sentencing determination. With a felony warrant, any potential fines is, or should be, the least of anyone's worries.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a cop frisk me at the end of a stop?

Was pulled over no plate or insurance. Placed in front seat of police car. Asked for consent to search found nothing in car. Was told I was being "cut loose" then as I am leaving I'm told he wants to frisk me. Is this legal?

Brent T. Geers
Brent T. Geers
answered on Nov 1, 2021

Yes. Could you have told them "no"? Probably. Would that have stopped them? Probably not. Is it good police practice? Arguably not.

If they would have found something to arrest you on during that pat-down, you might have had cause to suppress it.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a time frame for a writ of habeas corpus?

I´m trying to help a friend,so I appreciate any answers as it is not easy to navigate through the legal system.

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2021

Yes there is; and you need to exhaust state court remedies first.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question about having a Michigan "Assault w/intent to do GBH less than murder"" charge expunged.

My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts... View More

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.

I would not take a plea - felony or...
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1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... View More

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Criminal Law for Michigan on
Q: What should I expect at a pretrial for retail fraud if I don’t have an attorney with me?

I have no prior record. The judge isn’t allowing me a court appointed attorney and I cannot afford one. The total amount of stolen goods was $91.28.

Brent T. Geers
Brent T. Geers
answered on Oct 12, 2021

Woe for me to ever suggest a person accused of a crime go to court without an attorney. But the fact the judge didn't appoint one for you makes it highly likely that you will not go to jail. At the pretrial conference, you will meet with the prosecutor. You may elect either to enter a plea to... View More

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was arrested in my driveway after exiting my vehicle for a previous retail fraud incident.

The police then proceeded to search my vehicle without my consent. They found some contraband...was this legal?

Brent T. Geers
Brent T. Geers
answered on Oct 2, 2021

Search incident to an arrest....likely legal, but always fact-dependent.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have 6 warrants in 6 different cities ranging from possession warrants to paraphernalia warrants to a retail fraud

That isn't true and I was in a sting for prostitution, and not showing up for court but couldn't because I was being held in a physciatric hospital and couldn't leave what's the best way to handle this?

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2021

The best way to handle this would be to hire an attorney and let him or her walk you through the process. You need to address each warrant. They will not just go away on their own. Failing to appear in court, even if held in a hospital, is still something you will need to answer to. You may have a... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Hi, I am an investigator working on a wrongful conviction claim for two co-defendents in Wayne County MI.

After multiple FOIA requests and calling in some favors, it has been determined that their files and/or any paperwork from their case no longer exist. Do you know anything about filing a motion to dismiss their cases based on the fact that they cannot work on appeals or revisiting evidence etc.... View More

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

What exactly are you looking for? I would find it unlikely / hard to believe that at least transcripts no longer exist.

I'm assuming the time for direct appeals has long passed. When you go to trial and lose, you have a right to appeal, but that applies to direct appeals. Time is of...
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1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2021

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Criminal Law for Michigan on
Q: How can a PPO NEGATIVELY affect someone on probation?

y question is if I set up a PPO against someone that has harassing me and physically assaulted someone in my house that is on probation. How would it affect the person that is on probation? Especially if the probation is to stay away from police contact. The reason why I’m asking is the aggressor... View More

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2021

This is a tough question to answer because the correct answer depends on a lot of variables that we cannot anticipate - in the case of assault, who is the aggressor and the attacker sometimes comes down to credibility and is rarely clear cut. Generally, just because someone is on probation... View More

3 Answers | Asked in Criminal Law and Education Law for Michigan on
Q: Can I press charges against our board of education and have them criminally prosecuted under this statue? MCL 380.1307b
Michael Zamzow
Michael Zamzow
answered on Sep 17, 2021

Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.

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2 Answers | Asked in Criminal Law for Michigan on
Q: Can a circuit court judge rule if his term is expired? I can't find anything anywhere on st. Joseph County Michigan.

My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.

Dana B. Carron
Dana B. Carron
answered on Sep 10, 2021

There are ways to allow a judge to rule after his term expires. You can however certainly appeal the length of the sentence given as being excessive under the specific facts of your son's case.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can a prosecutor charge someone in a completely different district, than which the crime was originally reported in?

Does a prosecutor have the legal authority to charge someone in a different district, at a different court, and issue an arrest warrant at a different jail than which the crime was originally reported in? I was charged with a misdemeanor crime, the person reported me in one district at a certain... View More

Brent T. Geers
Brent T. Geers
answered on Sep 7, 2021

Venue is what's considered here. And that's mostly dependent on where the crime actually occurred; not where it was reported. Prosecutor, though, has the burden of showing venue is proper. I have seen cases simply transferred when venue is an issue. If everything is in the same county,... View More

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