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Michigan Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What rights does my minor child have when accused of committing a crime?
Brent T. Geers
Brent T. Geers
answered on Aug 2, 2024

Minors have substantially similar Constitutional rights as adults. That means if your child is accused of a crime by police, they should be instructed, as adults should as well, to 1) remain silent and 2) request an attorney (and their parents).

Just like adults, what your child says in...
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1 Answer | Asked in Juvenile Law for Michigan on
Q: Can a juvenile probations officer over ride so of your house rules and punishments
Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

A juvenile probation officer can recommend, and then a judge order, that you be put in residential placement or detention. And so yes, a PO can override house rules and punishments.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: i am in a relationship with and 18 year old and i am 14

when my boyfriend was 16 i lied and said i was 15 and we did sexual things, when he found out we continued to do sexual things. police got involved and we stopped talking to wachother sexually and kept it platonically police closed the case as i had all my electronics taken away and it wasnt... View More

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Yes! And regardless of your consent. Your boyfriend may soon learn the hard way about perceptions sometimes being reality.

1 Answer | Asked in Civil Rights and Juvenile Law for Michigan on
Q: Is there anything i can do about my neighbors constantly watching me and relaying every move myself and my children make

To the father of my children? I have a friend over they tell him i dont take the kids outside for a day they tell him. Its uncomfortable in my own home at this point

James L. Arrasmith
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answered on Mar 24, 2024

Dealing with neighbors who are monitoring your activities and relaying information can be both stressful and invasive. It's important to first assess the situation calmly and consider speaking directly to your neighbors about how their actions make you feel. Sometimes, open communication can... View More

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: i am currently 15 turning 16 in September my dad isent in my life anymore and my mom is really abusive

i have a safe place to go but anytime i leave she marks me as a run away

James L. Arrasmith
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answered on Feb 28, 2024

I'm very sorry to hear you are in an abusive situation. No child should have to endure that, especially from a parent. Here are some suggestions that may help provide you support and safety:

- Talk to another trusted adult like a teacher, school counselor, or your friend's parents...
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1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: cops told me no contact with a guy the guy got into contact with me, i ding dong ditched his house can i get charged?

My girlfriends ex was harassing us, i told him i would defend myself if he took it any further because he tried to meet up. he called the cops on me and the cops told me not to get into contact with him and he cant with me or my girlfriend anymore, he eventually broke that rule 2 months later and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2024

Big life lesson here: why are you fighting stupid with stupid? He already called the cops on you; what makes you think he wouldn't call again? What did you think was going to come from you going to his mom's house? You are needlessly putting yourself in situations you don't need to... View More

2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

Possibly, but you have to consider what it will cost you. One option is to try to arrange a free initial consult with attorneys to find out what it could cost to pursue. Such matters could involve speaking with students, reviewing videos, assessing school codes, etc. Attorneys don't generally... View More

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1 Answer | Asked in Juvenile Law for Michigan on
Q: I am on 30 days house arrest with no tether. After my 30 days, am i technically allowed to go out without supervision?

Would I have to wait for my next meeting with my probation officer?

T. Augustus Claus
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answered on Jul 3, 2023

The conditions of house arrest are set by the court and supervised by the probation officer. It is crucial to strictly adhere to the terms of your house arrest order until your probation period is officially over and your probation officer gives you permission to resume normal activities without... View More

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: My nephew is 17 and has been living with me for almost 3 months now. Can he live with me permanently if he wants to?

My nephew and his mom's relationship is toxic and he has done a 180 in school now that he has been living with me, my husband and his cousins. He does not want to go back and he is safe with us. He has been sleeping on the couch for now but we are in the process of turning the spare room into... View More

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

Have you looked into guardianship? Practically speaking, if the mom is not raising an issue, and him being 17, he can stay as long as you'll have him.

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for Michigan on
Q: In Michigan, how can a teen victim contradict her story several times and the defendant is still found guilty?

I know that the victim is not the one on trial, but shouldn't the inconsistencies be a red flag and weigh in on the jury's based on beyond a reasonable doubt? I don't know if I worded the question correctly.

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

Only the 12 people on that jury can answer that for you. The jury's job is to weigh credibility of witnesses. They can believe everything or nothing, or some combination thereof.

In CSC cases, it's not at all uncommon for testimony to be inconsistent as stories and memories...
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2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... View More

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

The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... View More

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1 Answer | Asked in Education Law and Juvenile Law for Michigan on
Q: Can the school search my child's locker with my consent or knowledge?

You

My 13 year old sons person was searched, his backpack, coat, hoodie and locker. We were not notified. Then they find weed rolling papers. (Obviously he shouldn't have them) then they threatened to call the cops and said he'll have fun in juvie. He was so terrified that he... View More

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

Your primary issue needs to be resolving any school administrative action or juvenile action against your son. Yes, schools can search students' personal belongings and lockers. The appropriateness of other actions described should be discussed with a local attorney.

1 Answer | Asked in Juvenile Law and Wrongful Death for Michigan on
Q: Michigan school shooter

In the case of the Michigan school shooter what if the defense argues that the boy had mental health problems and argues that the parents were negligent in not seeking treatment, buying a gun for their teenage son and not notifying the school that he had access to gun? Can the state use the... View More

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2022

Yes. And that is why each party has his or her own attorney.

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Michigan on
Q: Can the police make a 14 year old go back to her home, where she says she is being abused? She's at a teen safe-house.

A report has been filed with CPS. Her parents filed a police report when she didn't return home from school. A teenage friend took her to the teen shelter for homeless and run away kids. Her parents and police are there telling her she has to go home with her father, and she's very frightened.

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

Sounds like this is in the hands of the professionals; I would leave it there. If there's a genuine concern, CPS will take appropriate measures. For your sake, do not involve yourself in this situation in a negative way by having her stay with you.

1 Answer | Asked in Appeals / Appellate Law, Family Law, Civil Rights and Juvenile Law for Michigan on
Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?

Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments

Brent T. Geers
Brent T. Geers
answered on Nov 8, 2021

For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... View More

1 Answer | Asked in Juvenile Law for Michigan on
Q: My 15yr old granddaughter and her 4 younger siblings were removed .put in separate homes parents havent contacted cps

The fifteen year old and her siblings are extremely close they are placed in 3 homes 3 different counties . She wants to see her siblings and she is told because her parents haven't contacted cps she can not. She has about 8 months till she turns 16 and would like to make steps toward... View More

Brent T. Geers
Brent T. Geers
answered on May 3, 2021

That's a tough situation. The siblings will be assigned an attorney - a lawyer guardian ad litem - who can help work through that issue.

1 Answer | Asked in Internet Law, Juvenile Law and Military Law for Michigan on
Q: How can a victim get information on the defendants release information

A year ago my bf went to jail for online solicitation of a minor. I was wondering since my parents filed against him but won't share his sentencing information, how can I get that information as the "victim". I'll be 18 in a month and I was hoping to file a motion to drop the... View More

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

You can likely look up public access records from the court he was convicted in. It's highly likely that a no-contact order with you remains in place through his term of probation or parole. It is also highly unlikely, given your age and nature of the offense, that a judge will grant your... View More

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: I'm in Michigan and a minor I know has a climate of terror in their house, can I apeal for guardianship?

They are afraid to sleep and dont feel safe, they have said they have to beg in order not to be touched and they are just plain scared.

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

You should contact Child Protective Services. Depending on your profession, you may in fact have a legal obligation to do so (Mandatory Reporter). No, you can't just apply for guardianship though.

1 Answer | Asked in Juvenile Law for Michigan on
Q: Can a 14 year old child in court make his own plea over his father's decision
Brent T. Geers
Brent T. Geers
answered on Nov 2, 2020

Yes. The child would have an attorney, and would be entering a plea with that person's advice, not a parent's. At times, when a judge believes a parent may be acting against a child's best interest, a GAL could be assigned to the case as well.

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