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Michigan Gov & Administrative Law Questions & Answers
0 Answers | Asked in Energy, Oil and Gas, Gov & Administrative Law and Municipal Law for Michigan on
Q: i am importing a Japanese mini truck, i am unsure if a drive train and engine swap would make it street legal?

257.217i Issuance of vehicle identification number and certificate of title for assembled vehicles; requirements; safety study; "assembled vehicle" defined.

Sec. 217i. (5) As used in this section, "assembled vehicle" does not include either of the following:

(b)... Read more »

1 Answer | Asked in Collections and Gov & Administrative Law for Michigan on
Q: The state of Michigan PUA claims through their collections department that I owe them 21,840.00.

On March 1 2022 Judge Finch dismissed this claim. for the past 5 months this ruling is under legal review by PUA while their collections department is now threatening wage garnishment. I have tried without success to get this matter resolved. Collections refuses to stop harassing me. Shouldn't... Read more »

Adam Alexander
Adam Alexander
answered on Jul 20, 2022

Probably. Assuming the dismissal was with prejudice and you are no longer responsible for the alleged debt. I suggest you contact a debt defense lawyer to review your legal options.

1 Answer | Asked in Gov & Administrative Law, Banking and Child Support for Michigan on
Q: Can a bank legally take money from my account that was a veterans disability back payment. And send it to child support

I’ve been actively making my monthly child support payments and I got a lump sum va disability payment. my bank held and took funds to send to my child’s mother via child support office .Is this lawful?

Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

Likely yes. First, your bank didn't do anything except comply with a presumptive lawful order issued by a court. Your issue is with the court, not the bank.

VA disability is considered income for child support purposes, and so is subject to garnishment.

I would suggest you...
Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Michigan on
Q: How do politicians (or anyone) get away with denying saying something that was recorded, in many cases audio and visual?
Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

Great question! Politicians are judged by the court of public opinion; and quite frankly, many people are not interested in the truth. And sometimes even audio and visuals can be rendered to make it seem someone is saying or doing something they are not.

Believe half of what you see and...
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1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: How would someone go about filing a Complaint against a Mayor of a community that is not considered a Town?

He has also received funds for said Community and has done Nothing for the Community.

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2022

It's an elected position. You could try petitioning for a recall election. Just keep in mind that mayors don't act alone; there is often a city manager or commission.

2 Answers | Asked in Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 11, 2022

The federal Confiscation Act of 1862 would apply to gold owned by the Confederate States of America (which the Act did not recognize as an entity), with the result that the United States would own the gold. This is a hypothetical question because the CSA government probably held no gold at the... Read more »

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1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: What does MCL 28.722 (s),(u) or(w) mean when it comes to a criminal sexual charge.

Filing paperwork to get off the registering list

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2022

They describe the different tiers. You should know, or will need to find out, what tier you are.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: Is it legal in the state of Michigan to collect police license plates?

I am a collector of Michigan police badges license plates insignias etc

Brent T. Geers
Brent T. Geers
answered on Jan 18, 2022

Are you looking to collect actual plates? You may want to check with various police departments. My understanding is that most local police have municipal plates - same plates as any other city vehicle, with an "x" in the middle. Not sure how much of a collector's item that would be.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Michigan on
Q: Michigan UIA requesting money back after paying unemployment claim.

I filed for a PUA claim using the reason "independent contractor experienced a significant reduction in usual or customary services" as I did work for the local school.

When I went to re-certify earlier this year they asked for proof of 2019 income and I gave them my 1099.... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

Possibly. You'll need to read the notice you received closely to determine what steps are needed at this point. You may also wish to seek the assistance of an attorney.

2 Answers | Asked in Employment Law, Gov & Administrative Law and Public Benefits for Michigan on
Q: Got a notice from the State of Michigan Unemployment Department- please help!

I got a letter from the Michigan Unemployment Office saying a “question of eligibility and/or qualification has been raised on a claim in which you are an interested party”. The dates they want proof of income on range from 3/2020 all the way to 5/2021.

If I got unemployment benefits... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2021

You really need to speak to a lawyer soon, and preferably before you respond to the request for information. Whether criminal charges arise may depend on intent.

Just remember: there's an old tale that says it's not the act itself that gets us in trouble; it's often the...
Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Gov & Administrative Law and Native American Law for Michigan on
Q: Can a tribe decide to transfer a case of tribe member 2 tribal court from state court if crime was not on indian proprty

Multiple charges, drug related at a residence of a tribal member. Kids custody affected, and defendant is being treated with cruel an strange threats and absurd penalties

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

Not only can then, but if it's an abuse or neglect case, different rules apply and the tribal court would have jurisdiction.

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: Is the side note for speedy trial rights that charges being filed within 30 days of arrest differ by state ?
Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

Not sure of the exact nature of your question. Speedy trial rights are different than the timeline between arrest and charges. And it is true that you cannot be held for very long without any charges.

It is not uncommon - especially in serious crimes - for someone to be arrested or...
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Q: Good Afternoon, Recently got denied a fireworks license renewal. Been there since 2012.

Need to be open asap. Looking for a lawyer familiar with the NFPA 1124 and With the Michigan and the Bureau of Fire Services

Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 5, 2021

Contact an attorney about this.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Michigan on
Q: I was supposed to be in a court hearing today for an upcoming trial. Is it ok everything was changed 12 hours prior?

I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... Read more »

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

Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... Read more »

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 Gov & Administrative Law for Michigan on
Q: do you have a lawyer who can explain why I have not got any stimulus checks?

I am married and my spouse received his stimulus checks but I didn't, do you know why this is happening?

Brent T. Geers
Brent T. Geers
answered on Feb 10, 2021

No one will be able to tell you more about why you are not getting stimulus checks than the IRS. Contact them or go to the IRS website that allows you to track it.

1 Answer | Asked in Tax Law, Child Custody, Child Support and Gov & Administrative Law for Michigan on
Q: I'm on disability and do not have taxes to file. How do I get the child stimulus money if the dad received it already?

The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... Read more »

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