Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets
no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »
Brent T. Geers answered on Nov 21, 2021
You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »
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 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... Read more »
Q: I am being discriminated against by my landlord. I am a white person and she is an african american. She has made raciaL
She recently purchased the property and has made racial slurs to me. This is discrimination and I need someone to help me file a lawsuit. Thank You
Brent T. Geers answered on Nov 8, 2021
You need more than slurs to successfully file a law suit. That's not to say she hasn't committed a crime; that's somethig for police and prosecutors to figure out. Other than being a rude and belligerent person, how has she discriminated against you? Is she evicting you?
You... Read more »
Q: I have a civil rights case going, and I wonder how long it takes to complete. It was filed in 2019.
I’d like to wrap this up but I’m thinking parties are feeling sorry for the attorney that had done so wrong to many. I say go for full settlement I asked for and let’s move on with our lives.
Brent T. Geers answered on Sep 29, 2021
You really need to be asking your attorney this question. Civil lawsuits can take years. If by "full settlement" you are asking for the most allowed by law, then just know that you are forcing everyone's hand to trial. Why would anyone agree (settle) for the full amount asked for?... Read more »
Q: Are nt my civil rights being violated when conditions are forced that disable my career potential (20 yrs now)?
My life has definately been distorted by courts holding driving license, garnishing wages, jailing me.
Brent T. Geers answered on Sep 27, 2021
Interesting argument, but no. First, there is no constitutional right to a driver license. Second, your right to due process affects that and everything else. Importantly, you had notice, and likely opportunity to object and show why the action is wrong.
Q: I was ordered to have fingerprints taken after getting two civil infractions. What will happen if I don't get them taken
Is there any way I can legally deny.
Brent T. Geers answered on Sep 24, 2021
You would be in violation of a court order. If your position is that you are not legally required to do so, you should research the applicable law, and preferably through an attorney, file the proper paperwork to oppose the order. You may find, though, that this is not the hill you want to die on.
Q: The question is long so its in more info plz help
If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?
Brent T. Geers answered on Sep 15, 2021
Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »
Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu
have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their... Read more »
Brent T. Geers answered on Sep 3, 2021
You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.),... Read more »
Q: Act 451 of 1976 Sec 1307b subset (H) Any Restraint the negatively impacts breathing. Can we opt out of mask wearing?
I'm concerned for my son wearing a mask 8 hours a day in school (the currently requirement) Can we opt out of mask wearing and be protected under this law?
Brent T. Geers answered on Aug 26, 2021
No. That statute applies to school personnel and what can be done to students within the school. School officials have an obligation to follow applicable laws. The mask mandate comes from county health departments. School officials must follow those orders, and they would be acting under color of... Read more »
Q: Michigan,,,,How long do i have to press charges against someone who assaulted me,,,,,,I do have a police report
I live in an apartment building where i was assaulted,,,,I did not press charges,but was asked,,because i did not want to cause trouble.One week later i received an eviction notice,,,The man who assaulted me is dating the landlords sister,,,,nothing is being done to him...Their was another assault... Read more »
Brent T. Geers answered on Jun 30, 2021
You could contact the police again and let them know you now want to press charges, although the prosecutor may elect not to pursue it given that your changed mind.
You could challenge the eviction. But do you want to continue living with a landlord like this?
Q: Where does Congress get its constitutional authority to pass federal criminal and civil laws? Congress has the enumerate
authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »
Brent T. Geers answered on Jun 29, 2021
Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone... Read more »
Q: My son stole my car title and gave it to his grandfather. (Due to him thinking I owed his grandfather a debt.
I attempted to file charges on him today. Officer refused, because he said, I should have filed 2 months ago, when I found out. I wasn't sure 2 months ago. Today, I am sure. What recourse do I have? My son is 29 and has not lived with me for 7 years.
Brent T. Geers answered on Jun 26, 2021
Has the title been signed over to grandfather? In other words, did your son forge your signature? If he just stole the physical title, you can get a new title from the Secretary of State. If you do discover that a title has been actually signed over, I would think the police would be more... Read more »
Q: My landlord came to mobile home the other day, to set up a rent payment plan.(As the owner does not want to be a part
Of the Gov.Cera plan, or MSHDA. He proceeded to tell me how he doesn't think I have a disability, I should go back to work
He's in pain everyday and he works, He doesn't feel as tho anyone should be on disability.Any insight, Because I'm really
Brent T. Geers answered on Jun 26, 2021
Are you already renting under MSHDA or some other program? Your landlord does not get to decide if you are disabled or whether you qualify under any program.
Q: can i request a new attorney if mines is working with the judge to prolong my kids coming home even if i did everything
my attorney is supposed to work in my defense but shes working with the judge to keep my kids in foster care, even after me completing everything they have asked of me. my last court date was a total mess. nothing was accomplished o n their end so its like they are stagnating me. like i said before... Read more »
Brent T. Geers answered on Apr 28, 2021
Child protective proceedings are an entirely different process, and decisions to move or reunite children are not made quickly. If you are 90 days into the case, I would actually be shocked if you said the court returned the kids to you that quick. The idea is that the court needs to see stability;... Read more »
Q: Can I sue a hospital for discrimination?
I spoke to a few attorneys who told me that the law protects drs during this period due to COVID 19 to an extent anyway, however I am curious if they are protected against discriminating against their patients also? I was very clearly neglected and discriminated against but I can not get anyone to... Read more »
Brent T. Geers answered on Mar 23, 2021
Not sure you have a discrimination case so much as you might have a malpractice case. Your question does not make clear how you believe you were discriminated against; it sounds like the ER doctors made a medical decision. Whether opting not to perform surgery was the right call is something only... Read more »
Q: Can I be prosecuted for assault when I told a drunk to leave my property several times and he refused to leave?
Told drunk to leave my door several times, he refused, it got physical, he kicked my storm door in. I was charged with assault, while in my home, a month later. He was arrested for dui and trespassing that night. Local prosecutor is trying to silence me. I had been disagreeing with her prosecution... Read more »
Brent T. Geers answered on Mar 16, 2021
Do you have an attorney? I probably don't need to tell you that you're not going to get very far with the approach you are taking. Focus on your case and your set of facts; It will get you nowhere talking about what the prosecutor could've, would've, should've with other... Read more »
Q: Can I file a lawsuit against someone for defamation of character and discrimination?I have proof ? Accusing me of crime
A supervisor at my old job is accusing me of committing a crime of vandalism on his vehicle, there is no evidence against me but I have messages of him calling me a criminal saying and also telling people it was me who committed the crime of a vandalism act to his vehicle , he even reported my name... Read more »
Brent T. Geers answered on Mar 5, 2021
You probably could take him to court, but unless you have provable damages, I don't know what good it will do. Defamation and any civil claim is different and carries a different burden of proof than a criminal case.
Q: Can I sue a company for wrongfully accusing me of a crime I did not commit ?
My old job is trying to say I committed a vandalism act against a car in their parking lot, no evidence against me or no proof of me being there just going by hearsay and blaming me for it , can I sue ?
Brent T. Geers answered on Mar 4, 2021
Whenever someone talks about suing someone, we first must ask the question: what are the provable damages? Have you been turned down for other work?
Keep in mind that we're not talking about a criminal case here. No one needs to prove anything beyond a reasonable doubt. You would be... Read more »
Q: R299.922(q) Civil Infraction Question
I received a civil infraction bt the DNR (Department of Natural Resources) in a state park. The Civil infraction is R299.922(q). I am trying to understand the penalties that come with this CI as the ranger said it was just a fine but I want to make sure it doesn't show up on my driving record... Read more »
Tim Akpinar answered on Mar 2, 2021
A Michigan attorney could advise best, but your post remains open for a month. As a general matter, each state might operate differently in terms of what their Departments of Natural Resources (or Environmental Protection, Wildlife, Fisheries, etc.) share with their Departments of Motor Vehicles.... Read more »
Q: I live in Coldwater Michigan and I want to get my gun rights restored, but my convictions are in NJ & NY what to do?
Last conviction was April 29, 2004! Do I apply here in Coldwater Michigan or do I apply in NY & NJ?
Brent T. Geers answered on Feb 17, 2021
You would need to apply here in the court you were convicted in. That will restore your gun rights while you are in Michigan. However, if you want to purchase firearms from a dealer with a federal firearms license - including Cabelas, etc., - you will need to complete a similar process in NY, NJ,... Read more »