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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: Will my ex husband have charges and go to jail?

He was in a serious car accident Memorial Day. Been in hospital and now pt rehab since. He left me a drunk vm that day but I don’t know if there were charges. Would be his 6th dui. No driver license since Feb 2003. Bench warrant for outstanding child support. Obviously no insurance or ID. Rolled... View More

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

Very likely he will face charges related to this. Typically in this situation like this, the police would have a blood draw and will charge him based on those results when they come back. And obviously it will be easy to confirm driving without a license, which is a misdemeanor itself.

The...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I accepted a 48mo plea, my guidelines were 78.. Delivery or manufacturing meth, I sold to a snitch.. I bonded out,

Went to rehab on my own, and have been to IOP and aa&na like 70x times since getting outta rehab jan22nd.. also recently started working.. I asked my attorney nonstop about drug court, he never brought it up at court n is saying I got a chance at swift&sure.. Also I was taking off bond... View More

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

Let's consider a few things here:

You pled to delivering or manufacturing meth with, presumably, a recommended sentence of no more than 48 months. Your guidelines otherwise call for a sentence exceeding 78 months. Those are prison guidelines, and if you get anything less than prison,...
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1 Answer | Asked in Animal / Dog Law and Criminal Law for Michigan on
Q: I pled guilty to Animal abuse. My case has nothing to do with drugs or alcohol. Can the court put me on alcohol testing?

I pled guilty to misdemeanor Animal abuse because my lawyer said the prosecutor would drop the misdemeanor and charge me with a felony if I didn't. This case has ZERO to do with any type of drugs or alcohol. Now the court has put me in a veterans treatment court and is trying to make me... View More

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2023

I understand what you're saying but look at it this way: probation is in lieu of jail. You wouldn't be drinking alcohol in jail, would you?

And if you're in veterans treatment court, the counter argument would be made that drinking is contraindicative of the treatment and...
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1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: How should I handle being stopped by an accusation of shoplifting when my ostomy bag is full?

I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in... View More

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.

The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that...
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1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it enough evidence?

A man was masturbating in his window the the 2nd time watching inside my house and my kids saw. I took pictures and called the cops and I want to press charges.

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

I think you have all the information you're going to get (hopefully). Whether it's enough to charge him is a decision the prosecutor will make after you report this to the police. A question will be whether this "show" was intentional or not. There is a difference between being... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: How do go about pressing charges?

My man for the 2nd time that lives next to me had his window open and looking into my living room where me and my kids were and he was masturbating right infront of the window were we could cleary see. My son who is 5 year old is the one who saw it and pointed it out. I have photo proof that... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Very sorry to hear that you are experiencing this. I would suggest that you video him in the act then call the police. This kind of sexual harassment is treated by the police very harshly when kids are involved. but they will need some proof, hence the video. As you video you should speak the... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What do I do when my lawyer violates attorney-client privilege and lies to the Michigan Attorney Grievance Commission?

The Michigan State Police and the Michigan Attorney Grievance Commission are investigating Michelle Elowski's legal practices. I have an open court case against her for conning me out of $25,000. The judge told her to work with me so she got an attorney and the both of them disappeared.... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

If an attorney has violated your attorney-client privilege and disclosed your confidential communications with the attorney to a third party, you should hire an attorney who practices in the area of legal malpractice to sue the attorney for any legally compensable damages you have sustained as a... View More

1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

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

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: M if the “plaintiff” would insult the “defendant” before anything was charged if it would be considered anything

If the defendant is being charged with a serious crime and the victim insults the defendant would that be something to use on the victim and then if so would there be a chance to have the case dropped

Brent T. Geers
Brent T. Geers
answered on May 16, 2023

Possibly. When you are the defendant, you are on trial for your actions. There are cases when the other person's actions may present a defense - and that may be the case with you, but that is something you'll need to discuss with a lawyer.

1 Answer | Asked in Criminal Law for Michigan on
Q: Where can I get a copy of the Michigan Penal Code 750.539d(2)? The congressional site only shows 750.539d.
Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Section 2 would be found within that statute.

2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: If i know I am going to be charged soon should I lawyer up now
Dana B. Carron
Dana B. Carron
answered on May 10, 2023

That will potentially help you significantly if you can afford to do so.

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1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Is there a way to get legal advice free
Dana B. Carron
Dana B. Carron
answered on May 10, 2023

There are places called "legal aid clinics" that may help you. Alternatively you can post questions on sites like this and often get legal guidance for no charge.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan on
Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2023

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal...
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1 Answer | Asked in Criminal Law for Michigan on
Q: warrant is issued for new charges while serving time in a diff county, will the time being served count for both countys
Brent T. Geers
Brent T. Geers
answered on May 3, 2023

Not necessarily. Could probably work something out as part of a plea agreement.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Michigan on
Q: I am currently on Section 8 in MI my kids dad will be getting paroled soon. Can he be paroled at my home .
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2023

I don't believe so, but you should check with the landlord and county DHS, and he should check with his parole agent.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: How do I get my Husband case remove off the internet as this is causing turmoil in my family

Derik Rothrock can this please be removed

Brent T. Geers
Brent T. Geers
answered on Apr 26, 2023

Simple answer is you can't. Criminal cases are a matter of public record. Is your husband convicted or charged and acquitted? Even if acquitted, court filings are generally available to the public.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I retract statements as false allegations to my boyfriends parole officer? the statements i made led to a violation.

My boyfriend was taken into custody on a violation. He chose to waive his hearing with the parole specialist. I had no evidence or reports to back up my statements of domestic violence- I verbally reported to the parole officer, and i would have chosen not to testify if there had been a hearing.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Regarding to Michigan Clean slate law. Is 750.413 not included? It is very vague on traffic offenses.
Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

Off-hand, it may be included. Generally, "traffic offenses" are confined to MCL 257.

1 Answer | Asked in Criminal Law for Michigan on
Q: MY FRIENDS HOUSE WAS RAIDED . ONLY ONE PERSONS NAME WAS ON THE WARRANT.BUT THEY FLIPPED THE HOUSE AND NOBODY WAS IN THE

HOUSE. IS IT TRUE THAT ONE PERSON CAN BE IN THE HOUSE WHILE THEY SEARCH? I HAVE A LOT MORE. THE INVENTORY THEY TOOK WAS NOT LISTED

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2023

Yes, and yes to your questions. The search warrant would be based on probable cause that evidence of criminal activity could be found within that house. Whether they found anything or not is largely immaterial. As to what was taken, people with ownership interest in that property could file a claim... View More

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