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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Michigan on
Q: If I vacate a home I own with another unmarried person in MI, does that person have gain rights to my share of the home?

We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2020

You do not need to reside in a home to maintain an ownership interest in it.

However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.

There may well be issues not...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I have a neighbor that continues to aim,record,audio,and video wireless cameras on me,my son,my,nephew's,ect,
Brent T. Geers
Brent T. Geers answered on Jun 30, 2020

Are the cameras on their property, but facing your general direction? If they are, I'm unsure if you can do much about that. Now what they are doing or could do with those recordings is a different matter, and could be actionable in some instances.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can a police officer tell you to leave a park parking lot if the park is closed?

Me and my 3 friends was sitting there talking at 2am the car was not started we was not on the park grounds just the parking lot

Brent T. Geers
Brent T. Geers answered on Jun 11, 2020

Absolutely. Most places have ordinances that actually make it a crime to be in a park after hours, and so the police absolutely can approach you and tell you to leave.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I attempted to purchase a handgun and was denied by NICS.

I requested the reason why from the FBI and their letter says it's due to a felony conviction in Michigan from 2010. I plead No Contest and the charges of disorderly conduct and assaulting a police officer were expunged after 6 months. Why is that a prevention of my right to buy a firearm when... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 8, 2020

You will need to refer back to your judgment of conviction paperwork to see exactly what happened. Your conviction could not have been "expunged" after 6 months because there is, and has been for some time, a 5 year waiting period before you may make application for expungement to the... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Refuse to testify in a Felony assault case. How to avoid jail time for disobeying a subpoena to testify.

Boyfriend was charged with assault to great bodily harm Less then death or strangulation. 2 count of domestic violence, and interfering with communication causing harm or death. I don’t want him to go to prison. I don’t want to go to jail if or when I get subpoenaed for not testifying against... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

You are in a tough spot. This stopped being between just you and your boyfriend the minute the police were called.

It may be helpful in your analysis of what to do to know that in domestic violence cases, Michigan law (MCL 768.27c) allows the prosecutor to present your statements made to...
Read more »

1 Answer | Asked in Civil Rights, Consumer Law and Small Claims for Michigan on
Q: Do lawyers defend consumers against mechanics in a civil suit, if so I need help locating one in my area.

A know Mechanic has incompleted the repair on my vehicle with engine light on running rough, squealing belt price ouges on invoice, discovered both (2) men are not licensed or certified, damed auto body from some type of accident and more than once. This mechanic had my vehicle for a month and 11... Read more »

Brent T. Geers
Brent T. Geers answered on May 15, 2020

It doesn't sound like you're defending; you would be the plaintiff. You should look for an attorney who does consumer protection.

1 Answer | Asked in Civil Rights for Michigan on
Q: I get both SSI and SSDI and was disabled before children ,why am I made to pay now 13 yrs later ?? ?

It seems it's been pick and choose with my disabilities for them and very nasty remarks and treatment from Court officials when I did get paperwork to go and showed up. I get bare minimum and part of my check goes to a woman who gets disability herself ? ?

Brent T. Geers
Brent T. Geers answered on May 7, 2020

Receiving disability does not exempt someone from a child support obligation. Child support is supposed to be for the child, and so it doesn't matter whether the woman is also disabled.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: looking for case law on dismissed civil cases based on a ex parte between judge and plaintiff lawyer

I'm involved in a case where a federal judge talked to plaintiff counsel in private during a hearing and never spoke to myself. I represent myself in the case. This infraction happened twice and after these meeting motions was granted against me. I have on record of last hearing where Judge... Read more »

Brent T. Geers
Brent T. Geers answered on May 1, 2020

No real answer here other than to say you really should be consulting with an attorney versed in federal court procedure, and at least consult with an attorney about helping you draft an appeal. It is unclear from your question how the judge spoke with plaintiff's counsel ex parte; it almost... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can an executive order from the Govenor of MI supersede my 1st Amendment rights?

Michigan is under a "stay home, stay safe" order which bans assembly of more than 10 people. Am I protected by the 1st Amendment to peacefully essemble? Does this order supersede my constitutional rights?

Brent T. Geers
Brent T. Geers answered on Apr 6, 2020

Great question! Not sure if you're asking in theory or in practice. But yes, in times of crises, orders and laws can be made that may infringe on certain constitutional rights. When doing so on fundamental rights, the government must show a compelling need and ensure that the law or order is... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can you film a member of the public if they are involved in a police incident?

This would be on public property.

Brent T. Geers
Brent T. Geers answered on Mar 26, 2020

Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.

1 Answer | Asked in Personal Injury and Civil Rights for Michigan on
Q: Can I sue my mobile home park. They shut my water off on January 7th 2020 for no reason that same day I had a demand for

Payment. As of today January 23rd 2020 I still have not received an eviction notice however but regardless to this day I have not got a written reason why my water has been shut off or a not even a verbal reason they haven't said one word to me about it earlier that I had look into it and... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 23, 2020

Contact a Texas attorney who handles eviction defense to review the actions of the park and the terms of your agreement. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights for Michigan on
Q: can I still sue a police department for a wrongful conviction even if I was serving an concurrent sentence????

I was just recently exonerated from a second degree murder charge I was originally serving a 8 year sentence for great bodily harm which I was given 6 to 10 years and an additional 2 years to be served consecutively which was 8 years total however 3 months after being in the doc the police hit me... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

The answer is going to depend on how you were convicted of the murder charge. Did you go to trial and lose? If you plead guilty, then I think you'll be out of luck. I don't think being held beyond your ERD is relevant, although I totally understand where you are coming from with it.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Is it illegal to refuse to give your i.d. to police if you haven't committed a crime in the state of Mi. When is it a c

Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan

Brent T. Geers
Brent T. Geers answered on Jan 31, 2020

You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.

As to the ski mask in public, walking down the street may not be an issue,...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Child Support for Michigan on
Q: how does title 42 not violate my constitutional rights?
Gary Kollin
Gary Kollin answered on Sep 27, 2019

why do you think it violates your rights?

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Michigan on
Q: With no fault divorce thus no crime; how is it that Alimony is awarded since the Michigan Constitution bans slavery.

Given that the state of Michigan does not allow for slavery except in the punishment of a crime and that no fault divorce is not a crime how does the Michigan supreme court fail to rule all Family Court Spousal Support claims and rulings as unconstitutional. Once a union is dissolved continued... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

I see that you are a student of the law; that's good.

By your logic, shouldn't wage garnishments in general be abolished? And in fact civil litigation between private individuals should be unconstitutional, no? After all, how is that you should be able to sue me and take my money...
Read more »

2 Answers | Asked in Civil Rights, Estate Planning, Elder Law and Probate for Michigan on
Q: My husbands dad passed away last year. His wife their step mom has the house. A niece came into the picture and took poa

They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,

Gary Kollin
Gary Kollin answered on Sep 20, 2019

No attorney can opine without reviewing the will

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1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Daniel Hilf
Daniel Hilf answered on Aug 20, 2019

Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Internet Law for Michigan on
Q: My Ex-wife and I that live together have been constantly harassed for 6yrs,online,public and want it to stop. How?

I divorced my 1st wife in 2012, married my current ex-wife in 2014 and my 1st ex and my daughter(18) keeps harassing in public, online, my own family now involved and all their friends. I have had cease and desist letters sent out, told them I don't want contact and they still do. Have posts... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jul 25, 2019

The 'solution' would seem to be a personal protection order. Investigate that to determine if you have enough evidence to proceed with a local family law attorney.

That said, appreciate that a PPO is only a court order. If your ex continues to violate that order, it would require...
Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Michigan on
Q: In Michigan, if a tennant damages a house, and it is sold as a loss, can they still be taken to court for the damages?

There is a lease to purchase contract stating tennant is responsible for all maintenance and repairs.

Kenneth V Zichi
Kenneth V Zichi answered on Jul 24, 2019

Without seeing the actual lease AND the inventory/checklist forms and determining if all the documents comply with all applicable Michigan landlord/tenant laws, it is impossible to say what (if anything) a tenant may be responsible for.

IN GENERAL provided you have properly dotted your...
Read more »

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