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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Michigan on
Q: How do I sue a county?

I was hit in the head with a wooden baseball bat and no one was held responsible even though I know who did it. I almost lost my life

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2021

What is your theory that the county government is responsible for an individual's potentially criminal actions? You also need to consider that police and prosecutors have qualified immunity for their actions.

A more effective route to consider might be suing the person you claim hit you.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Environmental for Michigan on
Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu

have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their... View More

Brent T. Geers
Brent T. Geers
answered on Sep 3, 2021

You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.),... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: If someone is on your property and they won't leave what can you do legally?

I was sitting in my car not far from my house waiting on a lyft pickup..neighbor pulls up beside me and tells me I cannot park there so she starts cussing me and then pulls up on my husband and has her tires on my property and would not leave..is it a crime to park on a street?now my husband is... View More

Brent T. Geers
Brent T. Geers
answered on Sep 3, 2021

With the facts you presented: no, it is not illegal to park on the public street so long as there are no signs or obstacles to the contrary.

I cannot imagine how your husband is facing a felony charge from the incident as you describe it. There has to be more to the story, and hopefully you...
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1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: i was stopped for alleged speeding 48 in a 35. was told if everything checked out i would recieve a verbal warning.

he gave me a verbal warning then said his dog hit on my truck which i did not consent to but i know he did not call us in cause my plates were 2 months expired not to mention when he ran mine and my wifes license he said we were clear in michigan not knowing my wife had a wisconsin dl. an empty... View More

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2021

You need a criminal defense attorney now. These situations are fact dependent. It sounds like there was a valid stop. An attorney might want to know how long you were stopped before the dog came out. And there are some interesting cases regarding what can happen when a dog "hits" on a... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm charge with unlawful use of a moter vehicle my daughter gave me permission to use it and it was stolen from me how c

How can I be charged

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

This may sound stupid and harkens to the age-old computer advice to make sure you turned power on: did your daughter have ownership or authority over the vehicle sufficient to give you permission to use it? In other words, who owned the vehicle? If she doesn't, then she can't give you... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: after going to prelimanary hearing how many days before status confrence is held
Brent T. Geers
Brent T. Geers
answered on Aug 25, 2021

Traditionally 42 days. These days? Could be more or less than 42 days. If you are not in custody, your case may proceed slower than those who are in custody.

A status conference is not something you want to rush into. All it is is a conference to determine whether you will plea or go to...
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1 Answer | Asked in Criminal Law for Michigan on
Q: on parole and arrested but not charged can you be held in violation if the same crime?

If a person on parole was arrested for a crime, and the case dismissed in prelims, meaning he was never formally charged with that crime, can he be held in violation of that same crime. Even though he was never actually charged let alone found guilty of it?

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

Possible. A parole violation doesn't require criminal charges or a finding of guilt.

1 Answer | Asked in Criminal Law for Michigan on
Q: My husband was arrested for a warrant from florida. The judge has giving Florida 20 to pick him up. If not what happens?
Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

Interstate extradition is complex. But if what your husband is accused of doing in Florida is serious enough to trigger a nationwide warrant, you should expect Florida will carry through and extradite him. There are many exceptions to the timeline, so don't think that if he sits for 20 days... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I was picking up my sister for my dad and my mom called the cops on me for trespassing.

I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Communications Law and Constitutional Law for Michigan on
Q: Is it always a federal crime to threaten someone online or through phone, even if the person or thing being threatened

is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2021

Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.

1 Answer | Asked in Criminal Law for Michigan on
Q: How can i help with hurrying up my daughter case in court what papers can i file for a case evaluation.

She has been in a mental health facility 2 yrs now and i know its been too long. The place is not helping her at all actually she has gotten worse since being there. With alot of different meds they have had her on. I told them shes became immune to them an they should do a wash. Meaning get them... View More

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

There is nothing you can do to move the case forward faster. You can, perhaps, help her attorney do so. Her attorney is the only person the court will accept filings from. The Forensic Center is probably not inclined to take directives from you or the attorney.

Keep in mind that under...
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1 Answer | Asked in Criminal Law for Michigan on
Q: The parole board wanted to wait and see what Michigan was gone do with him first then they will make they decision.

Hello everyone ☝

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

You seem to be answering a question in the wrong place. Apparently you should have answered directly to the attorney that asked the question.

1 Answer | Asked in Criminal Law for Michigan on
Q: I am seeking an Criminal defense attorney in Monroe Michigan

I need representation ASAP in Monroe Michigan I am going to lose my law-enforcement license for a fake harassment claim my chief of police made against me at my last employer I resigned from.

Dana B. Carron
Dana B. Carron
answered on Aug 8, 2021

You are going to need to make a call to an attorney that you choose, from the information that you find here on this site. I would be glad to help you and link you up with my associate who could represent you, if you phone or email me, or you can use the information that you find here to contact... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: My 26 year old son has been incarcerated 7 + years his minimun was served 9-2020. We need a tough appeletic Attorney

Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can probation and parole conduct a home visit and conduct a search of a parolees home if the parolee is not there?

I moved in with my sister in law a few months ago to help out. She is on parole and in May 2021 probation and parole showed up to do a home visit,she was arrested that day.She bonded out and In July I was outside with my puppy and my sister in law was not at home. A mini van pulled up and a man got... View More

Brent T. Geers
Brent T. Geers
answered on Jul 29, 2021

If your sister-in-law is on parole and resides there, then as a condition of her parole, a parole agent can search the residence. People on parole do not have the same constitutional rights against searches and seizures.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I get in trouble for receiving online orders as a gift that were paid for with fraudulent information?

The orders are coming in my name but I'm not the one that paid for them. I didn't know they used fraudulent information.

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

Tread carefully: there comes a point in time where you could become liable for receiving or conspiring. Is there a lot of "gifts" coming to you? Is there a history or pattern of receiving gifts from this person? Can you, and will you, name the person giving you gifts? What are you doing... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Hello I pressed charges on my boyfriend for assaulting me he got charged with a misdemeanor and a felony.I bonded him out and let him back secretly because there was a ppo placed on him.Well I had... View More

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

The court, prosecutors, and police are not social workers, mental health experts, or relationship counselors. Your boyfriend is charged with a crime; one that you reported, and then went a step further to request a PPO. And it sounds like you did the necessary but hard work there. However, once you... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: My financé is incarcerated in Michigan and he needs his court files.He got his free copy years ago but lost some pages

Can he get another free copy or does he have to pay for it? Can the court refuse to send him another copy of his own files?

Dana B. Carron
Dana B. Carron
answered on Jul 19, 2021

They can make him pay if they gave it to him already.

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1 Answer | Asked in Criminal Law for Michigan on
Q: I take care of my Mother fulltine she is 84 and has dementia,that being said. I went to court date to be arrested

The bond agent told me court was postponed so he lied.So I was held for 2 months,My mothers health has declined while I was away.So I got a year probation went to see prob officer She said I would have to come back ,I couldn't bring or leave my Mother I have no one to help.What do I do Now... View More

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2021

There is not much to tell you other than you need to figure out a way to satisfy the terms of your probation while caring for your mother. People do so in the midst of all sorts of challenges. If your probation officer is putting a warrant out for you, it doesn't sound like you are having... View More

1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: Is it legal to record a phone conversation with only one person's consent, in Michigan?

I live in Michigan, other party is in Texas. Would it be legal for me to record the phone conversation, without the other parties consent?

Steve Reina
Steve Reina
answered on Jul 15, 2021

Michigan prohibits the recording and disclosure of any private conversations, whether in person or over the phone, without the consent of all parties, by someone who is not a party to the conversation. Courts disagree whether participants to the conversation may record without permission of the... View More

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