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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I know has been accused of touching a child.Shes 18 now and is making these allegations.How can he clear himself

A friend of mine has been accused of inappropriately touching a young child when she was six, that's what shes saying. She is 17 or 18 now. My friend is very upset and is wrongfully accused. Can he take her to court to get his name cleared? If so what steps should he go about this?

Brent T. Geers
Brent T. Geers
answered on May 4, 2020

Depending on the allegations and to whom she is making these claims, this could result in serious criminal charges against your friend. If it were me, I'd keep silent about the allegations. And if he is contacted by law enforcement, definitely get a lawyer before speaking with them.

1 Answer | Asked in Car Accidents and Criminal Law for Michigan on
Q: Driver crashes into building (not under influence), are criminal charges a possibility?

New driver (not under the influence) crashes into building, does damage to building, gets careless driving ticket (has yet to go to court due to covid). At scene, police searched vehicle, found nothing, they did threaten to charge driver with a hate crime or malicious destruction of property (no... View More

Brent T. Geers
Brent T. Geers
answered on May 1, 2020

It's possible. I would imagine when he goes to court, the prosecutor will likely want him admit to careless driving right then or they'll charge him with reckless driving and malicious destruction of property.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a HYTA or automatic expungement recipient sue a newspaper to remove arrest article?

My son took his own life last year. 3 and a half years before that he burglarized 2 stores, was arrested, but entered into a HYTA bargain. 3 years later he had fulfilled his requirements and the charges were dismissed, had a job, owned his own house, had a dog and a girlfriend.

He lost his... View More

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2020

My condolences on the loss of your son. Unfortunately, particularly in today's internet age, the "bell" cannot be unrung. The media reported what was true at the time: your son's arrest. HYTA means that there was no conviction as part of the disposition; however, HYTA does not... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: What is the punishment if a inmate of a county jail is taken to the hospital for surgery cuts tether off and escapes
Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

That person would likely be charged with a felony. At a minimum, he or she just signed up for an extended stay in the jail, with a significant downgrade in accommodations at least in the short term (e.g. segregation).

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1 Answer | Asked in Criminal Law and Wrongful Death for Michigan on
Q: Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?

Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?

Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

No. But what are you considering witness intimidation?

1 Answer | Asked in Criminal Law for Michigan on
Q: I’m charged w/ felony firearm, possession of a firearm, possession of ammunition yet I’ve never been caught with one

Apparently the police searched a house that my mother owned almost two years ago and broke open a safe with a gun and ammo in it. Still, I was in another state and had been almost two years at that point.

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2020

Will be interesting to see how you are tied to that property. This is where the warrant affidavit may come in handy. You'll also need to look into whether there is witness testimony or fingerprint evidence.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: I have a question. I live in Michigan and I am 35. I was barely talking to a 17 year old. Can I get into trouble
Brent T. Geers
Brent T. Geers
answered on Apr 6, 2020

I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.

What seems...
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1 Answer | Asked in Criminal Law for Michigan on
Q: is there any way to suspend my drug and alcohol testing during the self quarantine order in my county?

It was DWLS charge. I recieved a 30 day sentence which i served from march 12th to april 2nd. i was recommended to do a 14 day quarantine upon release and where i live we have a self quarantine oder. i have a wife and 3 children, one of them only being 11 months old. I should also mention that I... View More

Brent T. Geers
Brent T. Geers
answered on Apr 4, 2020

Talk with your probation officer. Unless told otherwise by that person or a judge, you are obligated to comply with all terms and conditions of your probation order.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I want to live with has a felony in another state that happened 30yrs ago. I am a gun owner can we live together

My gun is kept in a safe that they do not have access to.

Brent T. Geers
Brent T. Geers
answered on Apr 2, 2020

Not a wise idea. However, he may be eligible for restoration of his gun rights - thus alleviating the problem. He should consult with a local attorney versed in that to determine whether he is eligible and go through the process before you two move in together.

1 Answer | Asked in Criminal Law for Michigan on
Q: How long in mi after being in jail do they have to do your pre-trial.

My boyfriend has been in jail since January and has seen his public defender once and has only had his arraignment no pre-trial date has been set it's a felony charge

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2020

Unless your boyfriend is pending a psych eval, he had to have had a preliminary exam or waived it by this point. And at this point, they would have had what in my county is called a status conference or pretrial conference. There could be a number of reasons why those may not have happened, or he... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can you film a member of the public if they are involved in a police incident?

This would be on public property.

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2020

Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can you tell me how long Elkhart indiana can hold my fiancé in jail with no probable cause for another county?

My fiancé was arrested in Elkhart Indiana for a warrant for cass county Michigan. He’s been in there for a week now without hearing anything. Hasn’t signed any papers or has not gone in front a judge. I feel like I’m getting the run around cuz nobody will tell me anything.

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2020

He probably has a hold and is pending extradition proceedings. If he waives, Indiana would give Michigan just a reasonable amount of time to come get him. If he fights extradition, he will be arraigned in Indiana where a bond will be set pending the extradition hearing process.

In most...
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1 Answer | Asked in Criminal Law for Michigan on
Q: What grounds does court have for conviction with felon with possession ,carrying concealed weapon and felon firearms

Basically is this worth trying to fight .was offered a plea ..or a trial ,not sure of it's worth fighting if case is lost facing 8yrs .This is not a first offense

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2020

I don't understand the question completely. Are you asking about the factual basis for each charge?

1) Felony in possession - possessed a firearm while legally unable to do so due to a prior felony without having your gun rights restored.

2) CCW - carrying a weapon concealed...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I have a disorderly charge in mahcomb county. I missed my court date because I was in jail in Ohio.

I called 41b they told me to plea by mail. Case number is 19-2811c. What is my best option

Brent T. Geers
Brent T. Geers
answered on Feb 25, 2020

If you want to fight the charge and have a trial, you'll need to make your way to Macomb county and deal with the bench warrant that has been issued. If not, then what the court told you about plea by mail is probably a good option.

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Michigan on
Q: Looking for pro bono lawyer for friend that is already incarcerated. He has court appointed but he has not done a thing.

A cpl charges include possession of methamphetamine, stolen car, counterfeit money, I'm unsure of exact atm but can obtain the info

How can I help get him a lawyer that will actually help him?? He does have court date set for March 5th but I really think hes getting screwed by this... View More

Brent T. Geers
Brent T. Geers
answered on Feb 24, 2020

The best thing you can do to support your friend, short of hiring an attorney, is to manage his expectations. I get it that your friend doesn't think his court appointed attorney is doing anything, but depending on the facts of the case, he may be facing a situation where he either accepts the... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: If you are parked in front of someone house, can the police pull up behind you no light or anything.

Question you on why you are parked there, and ask to search your car and u say no so they bring the dog and they claim the dog signaled them and start searching the car. Happen to find a gun under the seat but no drugs or anything else. Is this a legal search. What would be the probable cause to... View More

Brent T. Geers
Brent T. Geers
answered on Feb 24, 2020

I would suspect that the police were actively watching that house, and had a pretty good idea of who was coming and going, and for what reasons. At the very least there is reasonable suspicion, which would allow for a brief period of detainment. Without knowing more about the case, it's hard... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: My nephew (age 14) is being charged with 3 counts of 1st degree CSC against my son (10). Can I sue his parents?

Will there be restitution involved? Will they be required to pay his therapy bills in this case, or would I have to sue them?

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2020

All valid questions, and ones you should ask the victim's rights coordinator or prosecutor assigned to the case.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Is it illegal to refuse to give your i.d. to police if you haven't committed a crime in the state of Mi. When is it a c

Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan

Brent T. Geers
Brent T. Geers
answered on Jan 31, 2020

You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.

As to the ski mask in public, walking down the street may not be an issue,...
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1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Criminal Law for Michigan on
Q: IF Alledged victim committed perjury under oath (pre-Lim). Should defendant file a Motion to dismiss.

Search Warrant Report, Police Report and the alledge victim testimony under oath Pre-Lim) are conflicting with each other.

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2020

That's not going to work. The search warrant and police report are not evidence. Further, the victim did not make the search warrant report or police report (that was done by the police, albeit likely with information the victim provided). It is not uncommon for police reports to be inaccurate... View More

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