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Michigan Gov & Administrative Law Questions & Answers
1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Does an heir fit the legal definition as successor in the FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 of 1976?

(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the context of the Freedom of Information Act (FOIA) and the specific excerpt you're referring to, the term "successor" generally relates to an entity or organization that takes over the roles or functions of another, rather than an individual heir in the traditional sense of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may I determine that the records I seek fall under FOIA?

The vital records department has rejected every FOIA request I submitted. I'm perturbed about what records I may FOIA.

James L. Arrasmith
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answered on Jan 26, 2024

Here are some tips for determining if records fall under Michigan's Freedom of Information Act (FOIA) and can be requested:

- Review which public records are subject to disclosure under FOIA. This includes records prepared, owned, used, possessed, or retained by a public body in the...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Michigan on
Q: I forgot to send my jury qualification questionnaire last year and got thrown away what should I do
James L. Arrasmith
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answered on Jan 18, 2024

If you forgot to send your jury qualification questionnaire in Michigan and it was discarded, the first step is to contact the court that issued the questionnaire as soon as possible. Explain the situation, including any reasons for the oversight, and express your willingness to fulfill your jury... View More

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Gov & Administrative Law for Michigan on
Q: In Michigan, any funding for legal help from Dept. of Health & Human Services for parents in custody battle w abusive ex

Ex was abusive in marriage. Had an affair and theyre now married. She is controlling and he as well and are keeping the kids from me. Will not allow phone calls or anything. Have now refused to allow parenting time visits. Tell kids to keep sports activity info from me. To point of me not knowing... View More

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

There is no state funding or a right to an attorney in family law matters like in criminal law. However, you may contact your county's legal aid office to see if you qualify for legal assistance.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: How does someone find out if their on the "Watch list"?
James L. Arrasmith
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answered on Nov 24, 2023

Finding out if you are on a government watch list, such as the no-fly list or a terrorist watch list, can be challenging due to the confidential nature of these lists. Typically, individuals are not directly notified if they are placed on such lists.

One way you might discover your...
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1 Answer | Asked in Business Law, Internet Law and Gov & Administrative Law for Michigan on
Q: Do I need to register as a scrap dealer in Michigan if I am an LLC. Can I be exempt as a corporation?

I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a... View More

James L. Arrasmith
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answered on Nov 23, 2023

Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

James L. Arrasmith
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answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

1 Answer | Asked in Gov & Administrative Law and Education Law for Michigan on
Q: Are they violating state and First admendment?

child’s school threatened to suspended my daughter if she brings the recording I provided to her to record her school day as there are issues going on. I discovered that a teacher disciplined my daughter wrongly after two students claimed she said they were stupid and dead. She was put on the... View More

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

You need to realize that schools - like jails and other secured facilities - are not public free-for-all spaces. Because they have care and concern for children, school administrators may make rules, policies, and procedures that otherwise affect Constitutional rights. As examples, schools can... View More

1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Michigan on
Q: Can I sue my middle school? I’m now 18 years old and feel like I can speak for myself and how badly this effected me.

When I was 12, I was charged with disturbance of peace and false terrorist threat. I warned another student about what I heard out of fear about someone “shooting the school on Monday”. Little did I know I was soon to be racially profiled being Arab as well as another girl, African American,... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

Yes as an 18 year old you can file a lawsuit on your own behalf. Be aware that such lawsuits will take a lot of time (2-3 years) and cost you a lot of money (most likely $100,000+) and your chance of success is very low (<5%).

But, as an adult now, you are competent to make that...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Michigan on
Q: Does the Michigan Governor have authority to remove locally elected City officials (NOT Township officials)?

4 Albion City Councilmembers illegally /improperly removed 4 appointed board members from the Albion Economic Development Corporation: on or about 21 August 2023. No advance notification of the removal was provided to the 4 EDC Board members. No written description or statement of the basis for... View More

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

Your question is way too complex for general legal advice. It's highly technical. Believe it or not, not all cities are created equal; by statute, there are distinctions based largely on size and charter. But your question alludes to the basics of state government: counties and cities are... 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 Gov & Administrative Law for Michigan on
Q: Can victims rights in michigan hang up on me because I am mad? mind you i am not cursing or threatening just tone.

Like I said I am not cursing out this office or threatening my voice just sounds displeased as well as it should be they are not protecting my girlfriend who had a ppo granted ex parte on my sons mother who is yet again trying to find her and harass her. So i called she hung up. I call back and she... View More

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

First thing: your current girlfriend has the PPO; this is her battle to wage, and she's the one - and only one - that should be calling that office. Second, with a PPO, violations should typically first be reported to the police, not victim services; what is it exactly you expect them to do... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Michigan on
Q: Should dashcam footage from Michigan state police have date time stamps. Kalamazoo county

My public defender wants me to see psychologist because I find it weird the dashcam has no date time stamp

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

Typically it would have date stamps. But I'm not sure that's the issue. You should have a conversation with your attorney about why he or she is recommending you see a psychologist.

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... View 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...
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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.

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