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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: Is it possible to get a bench warrant for an open intoxication removed at an arraignment?
Brent T. Geers
Brent T. Geers
answered on Apr 16, 2023

Yes, provided it's the same court.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was issued a PPO after I kept calling a woman asking for a std result and she never would give me can I fight this?

She provided every test result except one I also live in Ohio this woman lives in mi i also owned a firearm prior to meeting this woman the order says im supposed to turn over my firearm which I will I was wonder if I can fight the case do to woman giving me a std or should I just give up I do have... View More

Brent T. Geers
Brent T. Geers
answered on Apr 13, 2023

Regardless of why you were contacting her, it apparently was non-consensual. The better way to have handled it? You could have filed a police report. You could sue her civilly.

Can you fight the PPO? Be mindful you only have 14 days to object once served. From what you write, I can't...
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1 Answer | Asked in Criminal Law for Michigan on
Q: How can a warrant request be placed on a LEIN when the charge hasn't been adjudicated?
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2023

That's one of the purposes of LEIN - Law Enforcement INFORMATION Network. A warrant is notice to law enforcement to arrest you if contact is made; that's why warrants are placed in LEIN.

Charged and pending cases will show up in LEIN.

1 Answer | Asked in Criminal Law for Michigan on
Q: How do I file with the court a Petition for Removal of Uncharged Offense from LEIN?

Because of this uncharged offense on the LEIN I'm constantly being denied gainful employment.

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

Depends on what exactly is going on and what you consider "uncharged". If you were charged and then that case was "dropped" or "dismissed", that's not "uncharged", and the information would properly show up.

1 Answer | Asked in Criminal Law for Michigan on
Q: what is a probable cause conference
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Is it possible to get a restitution charge dismissed due to ineffective counsel??

I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would... View More

Dana B. Carron
Dana B. Carron
answered on Mar 20, 2023

You would need to successfully appeal and withdraw your plea first. That would remove the restitution.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Injured from a gunshot wound/stray bullet fired at my house with and I had no criminal involvement.Do I need an attorney

My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door... View More

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2023

You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... View More

1 Answer | Asked in Libel & Slander and Criminal Law for Michigan on
Q: How do I remove harmful stuff on me when it was expunged from my record? It is killing my chance at every job I take.

An expunged record should not be for all to be viewed.

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

Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Will I be drug tested at a bond hearing for an assault charge?
Brent T. Geers
Brent T. Geers
answered on Mar 9, 2023

It's possible.

1 Answer | Asked in Criminal Law for Michigan on
Q: Do I have to be present for my attorney to ask for a adjournment
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2023

It's hard to say; depends on where you're at in the case, what the hearing is about, and how far in advance are you asking for an adjournment. Generally, in criminal matters, you are expected to be present for all scheduled court hearings.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: Is it legal for someone who isnt an employee at a restaurant to open up someone elses bill and look at their receipt?
Brent T. Geers
Brent T. Geers
answered on Feb 26, 2023

Probably not illegal or unlawful, but certainly not good social graces. The question for you, though, is why care if someone else bothers to look as long as they're not doing so to steal your information.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: How long can the police take to test a drug found in a traffic stop? Is 1yr and 10mo legal between collection and test?

.76 grams of meth which is way less than the 8 grams they originally claimed she had.

Dana B. Carron
Dana B. Carron
answered on Feb 13, 2023

I am not aware of any law that limits the amount of time they have to test it. However, the lengthy delay could be part of a good argument that you could make that the result is not reliable.

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1 Answer | Asked in Criminal Law for Michigan on
Q: If my EX's BF threatens me in front of my child, and I file a police report for light assault. Would CPS get involved

This is not his first time intimidating and making threats in front of my kiddos. In this case, he invaded our personal space within 2-3 feet behind my son (age 12) and I. I asked (politely) if he could give us more space, he took a step closer and said "It's a free country". Then... View More

Brent T. Geers
Brent T. Geers
answered on Feb 9, 2023

If you allege this happened in front of the children, the police *should* be making a CPS referral as part of the reporting process.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: During a criminal Appeal in Michigan, can the fact that expert testimony was not called by the defenseor the fact that

some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: If the Michigan Court of Appeals sends a criminal case back to the lower court for a new trial

and the person is found guilty again, does the original sentence continue or will there be new sentencing?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Can you impeach a Detective that lied 4 times durning the grand jury . Actually have proof!
John Michael Frick
John Michael Frick
answered on Feb 8, 2023

There is no cross examination in grand jury proceedings.

But, if he testifies at trial, an experienced competent criminal defense attorney can impeach him if you have admissible proof that he lied

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1 Answer | Asked in Criminal Law for Michigan on
Q: What if I called the court on the 30th to ask him if I can go ahead and do zoom on the 31st for my court date

I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... View More

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

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward....
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1 Answer | Asked in Criminal Law for Michigan on
Q: Is a cease and desist warranted for someone who is attempting to blackmail you?

Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... View More

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

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

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

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

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