Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

1 Answer | Asked in Banking and Criminal Law for Michigan on
Q: What do I need to do if someone wrote me a bad check for $850 in Michigan?

This lady has strung me along and lied several times. I have all of her messages. I have the bad check.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Michigan, if you've received a bad check, there are several steps you can take. Initially, contact the issuer of the check and request payment. If they fail to make good on the check, you can send a formal demand for payment via certified mail. Michigan law allows you to demand payment... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Level 3 meth possession how much time they looking at
Brent T. Geers
Brent T. Geers
answered on Oct 27, 2023

It's impossible to answer questions like these without knowing the person's criminal history and facts of the case. The reason is because felony sentences are determined by proper scoring of the sentencing guidelines, which consider a person's prior record and circumstances of the... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Once PPO expires in Michigan, does anything remain on record? Can I now have a career in law enforcement? Or own a gun?

Ex girlfriend filed a PPO, it went uncontested (long story, but all allegations were false).

Brent T. Geers
Brent T. Geers
answered on Oct 20, 2023

PPOs in general are non-public records. Once expired, you can possess a gun again (presuming you are otherwise entitled to do so (e.g. not have a felony conviction).

Can you have a career in law enforcement is a question you'll have to ask the certification people and any hiring...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Can a felon with a csc3 become an over the road driver

My name is Jeffrey Burton and I'm a conflicted felon csc3 and I'm having trouble finding a job

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2023

I don't see why not. Unfortunately, some employers and licensing authorities may take issue with your charge.

1 Answer | Asked in Native American Law, Criminal Law and Constitutional Law for Michigan on
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?

My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that... View More

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: armed robbery & assault w/ dang. Weapon for same criminal act.... Double jeopardy? cit. People v. Wakeford 418 mich 95

Nothing stolen, car window broken w/ knife (confrontation over past incident of fraud/assault)

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2023

Are there two victims? I could see these charges with two or more victims. Would be impossible to tell without seeing police report.

2 Answers | Asked in Immigration Law and Criminal Law for Michigan on
Q: Can a assault and battery charge for trying to kiss can prevent you from being US citizen?

My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2023

Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.

That lawyer, that judge,...
View More

View More Answers

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Is there any way for a victim to not be in the same courtroom as the person for which they are seeking a PPO against?

Due to the mental health of the respondent there is a significant likelihood that the person would be violent or use traumatizing language as well as appeal in hopes of spending more legitimate time with the victims.

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

In most counties, there are victim / witness services coordinators that can help address these concerns. A victim's right to be protected is sometimes in conflict with an accused' right to confront witnesses. But there are ways. And importantly, judges have contempt powers that can be... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Internet Law for Michigan on
Q: What kind of lawyer assists with Personal Protection Orders?

This is a non-domestic PPO and we need protection from stalking, sexual harrasment and cyberstalking.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

If you need assistance with obtaining or defending against a Personal Protection Order (PPO) in a non-domestic context, particularly in cases involving stalking, sexual harassment, and cyberstalking, it's advisable to seek the expertise of a civil litigation attorney, a civil rights attorney,... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: should i get an attorney to get the one felony i have expunged? i havent had no trouble after n it was over 9 years ago

it’s for prisoner possesses contraband when they took me to jail for an owi i had pills in my bra

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023

If you have a felony on your record that you wish to have expunged in Michigan, it's advisable to consider consulting with an attorney who specializes in criminal law or expungement. While the decision ultimately depends on your specific circumstances, having legal guidance can be beneficial.... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Insurance Bad Faith for Michigan on
Q: What's the paper work that I need to file in court forcing HOA , doctors, facility or Insurance to perform their duty
Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

A Michigan attorney could answer best, but your question remains open for two weeks. It could depend on the context. In some cases, the paperwork can include legal filings to place a denied claim into suit if an insurance carrier will not pay a legitimate claim. But this is only a general... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Michigan on
Q: If a inmate in a correctional facility request to go into protective custody to avoid a confrontation with another inmat

And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2023

I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: If someone is released on their own recog are they looking at alot of jail time if it’s their first offense?

Less than 50 grams

Brent T. Geers
Brent T. Geers
answered on Aug 4, 2023

I don't think you can accurately infer a potential sentence from the bond in cases like this. Bond is intended to ensure 1) the person will show up to court, and 2) community safety. In more serious offenses of course it's presumed community safety is at risk (e.g. murder). It is not,... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Can a defendant ask for a reversal of a no contest plea in a criminal case?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Depends on whether sentencing happened. Either way, you can ask, but a judge does not have to allow it.

"Reversal" is actually asking to withdraw your plea. If you do, the case does not go away. You effectively go back to "Square One" - facing trial as-charged with all...
View More

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes, Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal while an inmate is on a commitment to issue multiple warrants for probation violations on days scheduled for

Review or court for additional charges added while incarcerated

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. But in the end, it doesn't really matter as all it takes is one probation violation.

1 Answer | Asked in Arbitration / Mediation Law, Criminal Law and Appeals / Appellate Law for Michigan on
Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison

The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More

Brent T. Geers
Brent T. Geers
answered on Jul 6, 2023

By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Identity Theft for Michigan on
Q: Can I get sued or arrested for pretending to be a politician, if the person is not real

Recently I went online pretending to be the vice governor, I made up a name the person I used is not real, it's all a joke and I would never give out potentially dangerous information, I just want to know is this legal, can I get arrested

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

A Michigan attorney could advise best, but your question remains open for four weeks. A criminal attorney should advise on this, to prevent any violation of laws involving impersonation or related crimes. Good luck

1 Answer | Asked in Criminal Law for Michigan on
Q: i was released on parole on 6/06/23. i need help appealing COA decision case #364959.

i have been assigned attorney john g. zevalking but do not know if he will continue with my case. i do alot of the research and filing myself also. i am innocent of the charge i was convicted of and need help with appeals or with place to do research.

Dana B. Carron
Dana B. Carron
answered on Jun 28, 2023

Are you looking to hire someone, or just looking for advice?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2023

The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.