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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: I have video proof of girlfriend threatning to make false allegations against me. What can I do?
Brent T. Geers
Brent T. Geers
answered on Mar 15, 2021

Sounds like you have all the evidence you need to determine whether you should continue to be involved with this person. For now, keep what you have in case you need it later. Just know that you continue to engage in a back-and-forth, the court may have equally as short of patience with you as with... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: What happens if the accused was not given a preliminary hearing on a murder charge?

But if they were not offered one and was convicted what could happen to the case?

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

This would be highly unlikely to happen. The accused may - and often times do - waive the preliminary hearing.

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Michigan on
Q: For which types of warrants is a police officer required to posses the warrant?:

civil infractions, petty-misdemeanor, non-violent misdemeanors, non-violent felonies, etc... .

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

With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Michigan on
Q: What requirements must be satisfied under the 4th amendment by the government? Please list.

unreasonable search and seizure; probable cause; warrant; etc.... .

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

Your question is much to broad. The 4th Amendment is the subject of new case law nearly every week. But very broadly, a search or seizure must come about after reasonable suspicion or probable cause.

1 Answer | Asked in Constitutional Law, Criminal Law, Traffic Tickets and Gov & Administrative Law for Michigan on
Q: Does the 4th amendment govern the possession of a warrant by a police officer?

webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.

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

The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm getting charged with larceny from a building it's my first time getting into trouble im 33 should I hire lawyer

I'm clueless on what to do and scared I'm a single father of 2 which 1 lives fulltime with me mom isnt around and he is 12. I'm self employed and just worried about sitting jail time

Brent T. Geers
Brent T. Geers
answered on Mar 9, 2021

This is a serious matter as you are charged with a felony. Regardless of jail time, having a felony carriers a number of long term consequences.

You are likely entitled to an attorney at public expense. I will go against the grain a bit and suggest that you ask the court to appoint an...
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1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I purchased 2 long guns in 2016 They were reported stolen in 2020

I purchased 2 rifles in 2016, in 2020 they were reported stolen. The owner says I'm at fault even though when I purchased them they were not reported stolen. They were reported stolen in September 2020 4.5 years after I bought them.

Michael Zamzow
Michael Zamzow
answered on Mar 9, 2021

There's not a question that I can see, but you've presented facts that suggest you want to know about bonafide third party purchasers for value. If you are without notice that the guns were stolen, when you purchased them, then you might grounds to keep the rifles. Depending on where... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I block my criminal record from public?
Michael Zamzow
Michael Zamzow
answered on Mar 3, 2021

You might be eligible for an expungement which could solve that problem. Contact a Criminal Defense attorney about your record.

1 Answer | Asked in Criminal Law for Michigan on
Q: Are storage unit owners liable for theft of my property from their unit, if they are not doing their due diligence?

I used a storage facility that is self service for many years. Last week, my car was stolen right out of the storage yard and I was notified several days later. The facility does have a gate surrounding it, however if you approach the front gate on car or foot, it opens automatically. No ID or... View More

Michael Zamzow
Michael Zamzow
answered on Feb 25, 2021

Maybe.

On the one hand it depends quite a bit on the agreement you have with the storage provider, and on the other hand the role the storage facility had in the event, if anything.

1 Answer | Asked in Criminal Law for Michigan on
Q: how much would it cost to get a case checked by a lawyer after conviction to see if it makes sense to go to court again?

we were told he has to serve his minimum sentence and his ERD is 2033. my friend says he just needs a lawyer and he will be free within 1 year. i don't want to get his dad's hopes up if there is no way he can go home sooner.

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

Every case is different, but let's look at statistics: the Court of Appeals takes action on probably less than 20% of criminal appeals. Of those, very few result in a conviction being over-turned. Without knowing the particulars of the crime, the applicable sentencing guidelines, or whether he... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Michigan on
Q: I live in Michigan. Can I have my aunt hold on to my prescription of norco for me since I think roommates steal them?
Brent T. Geers
Brent T. Geers
answered on Feb 18, 2021

It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.

1 Answer | Asked in Criminal Law and Child Custody for Michigan on
Q: I lost my parental rights to my 3 children in 2018 and want to get them back. I also have an old warrant to take care of

My youngest is in foster care and his father is deceased. I want to fight to get him out. I can prove that I have everything I need to take care of him and have been sober for over 2 years. My two oldest are doing great with their dad and I’m able to speak to them but I’m beyond upset about my... View More

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2021

You will likely need two different lawyers because your issues are with two completely separate areas of the law. Your warrant is the easier of the two to deal with, and you can start by contacting a criminal attorney in the area where your warrant is from. Your parental rights issue is far more... View More

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I live in Coldwater Michigan and I want to get my gun rights restored, but my convictions are in NJ & NY what to do?

Last conviction was April 29, 2004! Do I apply here in Coldwater Michigan or do I apply in NY & NJ?

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2021

You would need to apply here in the court you were convicted in. That will restore your gun rights while you are in Michigan. However, if you want to purchase firearms from a dealer with a federal firearms license - including Cabelas, etc., - you will need to complete a similar process in NY, NJ,... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Michigan on
Q: I'm being Subpoenaed to the grand jury cause my girlfriend and me were In a heated argument and she pulled a knife out

And I spun around and the knife stabbed me but when police arrived at the house I stated that I fell down the steps and now they are pretty much making me testify against her which I don't wish to do cause it could land me in jail also I need an attorney to represent me in this matter so I can... View More

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

You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it... View More

1 Answer | Asked in Criminal Law, Probate, Small Claims and Estate Planning for Michigan on
Q: if someone is passing away an you cant find a recent will , could there ex wife take everything if she has will

he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 9, 2021

In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: My minor child has received a subpoena to testify in court? What are his rights? Must he testify? Penalties?
Brent T. Geers
Brent T. Geers
answered on Feb 4, 2021

If he is a witness or victim, then yes, he must testify. Be aware that if any information surfaces that you as the parent are discouraging or otherwise hindering him from testifying, you could be charged with witness tampering, and you could find yourself subject to a CPS investigation.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is what she texted to me illegal?

I broke up with my girlfriend. I wanted the bed that I let her daughter borrow back. She responded in text “have a lawyer draw up papers that you will never talk to my family and that if you do you have to pay me $10,000. Then you can have it back”. This seems illegal to me but I cant seem to... View More

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

Probably not illegal, but probably wrong and unenforceable. You might need to file a claim and delivery action in district court to get the bed back.

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Michigan on
Q: How long can Florida suspend my license in Michigan for 2 non traffic misdemeanor offences? Since 2008
Brent T. Geers
Brent T. Geers
answered on Feb 1, 2021

States that participate in the interstate compact will honor the restrictions / suspended imposed by the initial state.

Have you satisfied all conditions imposed by Florida? Since 2008 is a rather long time. Michigan will keep your license suspended, though, so long as Florida says it...
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1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: I need help

Is it legal for my estranged husband to take a vehicle that is from a buy here pay here lot registration and payments / contract is solely in my name leanholder did not even know the vehicle was in a differnt state did not authorize the transport of vehicle

Brent T. Geers
Brent T. Geers
answered on Jan 28, 2021

Have you filed for a divorce? Until you do, there is little anyone will be able to do for you here.

2 Answers | Asked in Bankruptcy and Criminal Law for Michigan on
Q: I lied on a police report 9 years 5 months ago no one was every convicted,case was closed,oiled about my rifle

I actually sold it to my brother in law,the time of the band I was driving back from Florida my ex wife at the time ,made the police report,I added my rifle the next day

Joseph H. Haddad
Joseph H. Haddad
answered on Jan 27, 2021

What is the question?

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