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Michigan Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Michigan on
Q: What is the law called to be unable to be convicted without physical evidence

IM WRITING A PAPER FOR 5TH GRADE

Dana B. Carron
Dana B. Carron
answered on May 13, 2021

GOOGLE the following:

can you be convicted of a crime without physical evidence

and you will see the mistake you are making.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Dana please help

So my project is on changing the law that states You cant arrest someone without physical evedince I want to say the law is wrong what are 3 strong key points I could use? And how do you want your name in my paper?

Dana B. Carron
Dana B. Carron
answered on May 13, 2021

Where are you finding something that says that you cannot arrest someone without physical evidence? One of us is confused.

1 Answer | Asked in Criminal Law for Michigan on
Q: Im a student writing a paper help me please

If I killed someone but there are no fingerprints or physical evidence saying I did but someone was like. "Oh yes she told me she was going to kill her". Could they be aressted?

Dana B. Carron
Dana B. Carron
answered on May 13, 2021

They would be investigated for that, however, that alone would not be enough evidence for an arrest.

2 Answers | Asked in Criminal Law for Michigan on
Q: What is Circumstantial evidence? I'm a student writing a paper on this
Brent T. Geers
Brent T. Geers
answered on May 13, 2021

Think of this example:

I'm in the bedroom of a house. I know it's raining outside. I don't see you walk into the house, but find you in the living room wet. That's circumstantial evidence that you were just outside. Based on the circumstances (e.g. raining outside; you...
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2 Answers | Asked in Criminal Law for Michigan on
Q: Why does the US not allow the culprit to be arrested without evidence? I'm a 6th grade student writing an Essay on this.

If I killed my friend everyone and everyone said yes yes she killed her friend she told me she was going to but there was no physical evidence and everything pointed to me why am I unable to be arrested

Dana B. Carron
Dana B. Carron
answered on May 13, 2021

Take a look at the following: https://mjieducation.mi.gov/documents/criminal-qrms/400-arrest-warr/file

You can in fact be arrested without any physical evidence, as you will see by reviewing the above requirements for an arrest warrant to be issued.

The specific relevant info in...
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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: I’m asking what can someone be charged with if they call an say they gonna have someone kill my boyfriend,AN WE HAVE IT

On recording

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

File a police report and see. Depending on what they find, they could recommend a number of criminal charges to the prosecutor, who is ultimately the decider of who gets charged with what. Your boyfriend may also consider applying for a personal protection order.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a neighbor have cameras and record me on my property
Brent T. Geers
Brent T. Geers
answered on May 10, 2021

If the camera is on your neighbor's property and is not placed solely with the purpose to surveil purposefully you, then I think it's okay. A neighbor, for instance, would certainly be within their right to have a camera installed overlooking their backyard area even if it so happened to... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: The Michigan dept of corrections had me on their website as having absconded from probation.

I was never convicted or sentenced to be placed on any probation. Though I was arrested for being at an after hours club along with several others. The small quantities of drugs discarded on the floor were never attached to anyone, and the arresting squad never showed up in court on the 2... View More

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

Did you have a lawyer during this process? That should be your first call. He or she should have what's called a nolle pros (motion and order to dismiss) in the file.

Were you on probation or parole when you were arrested? An arrest, even if it doesn't led to conviction, can be...
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1 Answer | Asked in Criminal Law for Michigan on
Q: can a sex preditor exposure groups info get me charged in michigan

if a non-police sex preditor exposure group set me up with a sting can this info be used by police and DA to have me charged. in michigan. There was no real victim just someone pretending to be underage

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

Possibly. There doesn't need to be a "real victim" to bring charges. Police do these stings all the time. You should be doubly cautious because there are groups out there that will attempt to extort you.

1 Answer | Asked in Criminal Law and Real Estate Law for Michigan on
Q: I think I have been emailed by a scammer he says he is an attorney from london england robert kaan

He says something about family heritage and a lawrence treloar who I have never heard of and they need a beneficiary to claim his assets and ect... He said he was a hemp oil business man. Who inherited the business from his mother kate treloar

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2021

If you THINK it’s a scammer it probably is. The best course of action is to ignore it.

This one is a bit craftier than most as it appears they have picked the name of a real barrister from Britain, but if it smells funny you can always ask that they mail you something documenting their...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Can you clarify a parole stipulation?

One of my special conditions of my parole states: "You must not apply for, possess or conduct any financial transactions by means of: a checking account, charge account, credit card, debit card, or other financial transaction device except a government-issued device in your name." What... View More

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

Looking at the terms of that condition, I can see where you could be confused. Best advice is to do exactly what you already did: seek clarification from your parole agent. Ultimately, they are the determining factor as to whether a violation occurs.

What I think that provision refers to,...
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2 Answers | Asked in Criminal Law for Michigan on
Q: Under Michigans New clean slate act. Can a second degree home invasion be an expunged?
Dana B. Carron
Dana B. Carron
answered on Apr 19, 2021

No. The penalty is 15 years , and the threshold is less than 10 years.

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1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Michigan on
Q: Is it legal to record domestic assault and abuse against me?

I have video proof of my spouse physically assaulting me (burning and poking me with a red hot metallic chopstick) while continuously accusing me of *multiple* affairs. Now I moved out and filed for a divorce. Can these videos be used as evidence in court?

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

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

1 Answer | Asked in Criminal Law for Michigan on
Q: may need help but first how do i find information from a motion to withdraw a plea? lower case number is 20-274136 FH

Defendant is

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2021

Are you asking about the status of the motion or how to do it? For the status, you'll need to contact the trial court or the attorney. For how to do it, you'll need to contact a local attorney who does criminal appeals. There are deadlines and procedures to follow, along with possible... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: So I wanted to know if this is true that if the court or a ticket has your info wrong you can get the case thrown out
Brent T. Geers
Brent T. Geers
answered on Mar 31, 2021

Not necessarily. If the information is sufficient to know it's you, anything else can be corrected.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire aloo

Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire arm towards my vehicle but he didn’t & I panicked and called police, he was arrested two days later. I been trying to figure out what to do and how to drop charges, I had been... View More

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2021

The reality is that once police and the prosecutor get involved, you lose control over what happens. You can be compelled to testify, and if it comes down to it, the prosecutor will request a material witness warrant for you.Will they do it? Who knows. A lot depends on not only what your fiance is... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I bought some items from a friend who was splitting up with his wife. I had these items at my house

My girl let the ex wife take my property. She says it was stolen from her with no police report. What do I do

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

How much do you want the stuff? This all sounds like other people's mess that you do not want to welcome into your life. If it's about money paid, take it up with your friend. But otherwise, I'd suggest you let the stuff go, and let your friend and his ex deal with their issues.

1 Answer | Asked in Criminal Law and White Collar Crime for Michigan on
Q: I think I'm looking at wire charges for not claiming my checking assets went over 2k during a recert am I going to jail?

I was in the mental hospital for being suicidal for about a month. I was left homeless & got a room to rent that had bed bugs & mice & my Dr changed my meds. I was stressed. I went to my credit union to discover I had 3100 & 600 was the stimulus. I had about 1200 on EBT because I... View More

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

It's hard to say what may or could happen. Most likely the worse you are looking at is welfare fraud, which is a felony. Generally, it's better to come forward to your case worker before he or she finds the issue and assumes you were trying to defraud the state; you can amend the... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for Michigan on
Q: What type of a attorney do I need

I have a 39 year old son who is currently in Rehab, Multiple drug charges, Who thinks that because his name is on my my home, has never paid a dime, expects me to give him the house for him and his girlfriend and her children, he has already aggressively assaulted my daughter over the girlfriend,... View More

Brent T. Geers
Brent T. Geers
answered on Mar 19, 2021

You may want to contact Adult Protective Services for referrals to community resources - including attorneys - that might help. You will likely either need to force a sale of the home or get him to agree to have his name removed from the home. I'm not sure what you mean by the restraining... View More

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Can I be prosecuted for assault when I told a drunk to leave my property several times and he refused to leave?

Told drunk to leave my door several times, he refused, it got physical, he kicked my storm door in. I was charged with assault, while in my home, a month later. He was arrested for dui and trespassing that night. Local prosecutor is trying to silence me. I had been disagreeing with her prosecution... View More

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

Do you have an attorney? I probably don't need to tell you that you're not going to get very far with the approach you are taking. Focus on your case and your set of facts; It will get you nowhere talking about what the prosecutor could've, would've, should've with other... View More

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