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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Michigan on
Q: I was tried as an adult at 16 on a drug charge, should I sue the state for sending me to prison underage.
Brent T. Geers
Brent T. Geers answered on Oct 5, 2020

I don't think you have a valid claim to sue the state for sending you to prison on an adult conviction. Many people under 18 are incarcerated in prisons in Michigan as well as just about every other state.

1 Answer | Asked in Traffic Tickets and Civil Rights for Michigan on
Q: Why is there a hold on my car at the impound lot, i got pulled over on the 9th sept 2020. No insurance.. So they towed

It, now as of this day sept 24th 2020 i found this out, now they are telling me call tomorrow business hours, public safety dept told me they will get the officers that pulled me over to call me, keep my phone close.

Brent T. Geers
Brent T. Geers answered on Sep 25, 2020

At this point, the only ones who can tell you why there might be a hold is the police department because they are the ones who would have put the hold on. Call or wait for them to call you.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can school districts forcing parents to homeschool (do the teachers job) be considered as forced servitude?

I understand we are in a pandemic, my son has a fairly severe mental handicap, I feel it should be illegal to force me to attempt to homeschool him against my will and without compensation especially when I have absolutely no skill/ability in doing so.

Brent T. Geers
Brent T. Geers answered on Sep 12, 2020

Interesting take. While understandably a hardship, I don't think "forced servitude" covers taking care of your own children. Interestingly, there is no constitutional right to public schools as we know them; if they ceased to exist, all parents would be "forced" into servitude.

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Michigan on
Q: Our new houses well is dry, no issues were disclosed, and we've already closed. Are the sellers financially responsible?

I moved my family into a new house in Quincy, Michigan. A day after moving in, our water stops working. It turns out the well is dry, and the whole area is just bad for water. We spoke with multiple well contractors and learned that we can install a good well about 100 yards from the house at the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2020

Without seeing the closing paperwork and disclosures it is hard to say for sure. You need to have a local attorney look at the paperwork (did you use an attorney to review the closing? You SHOULD have!) to determine if anything like this can survive the closing.

Did you do inspections?...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Michigan on
Q: Can I sue the school district for religious discrimination for my child to not wear a mask. It is against our religion
Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Interesting scenario...I'm not sure how such a suit would play out. Generally, claims of religious discrimination requires you to substantiate that what you are saying is an established component of your religion, and that you are a devoted member of that faith group. That is commonly done in... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: Is it legal for the police to do background checks on people creating protest events?

I created a support protest for Black Lives Matter and found out through a friend that the police had checked into my background and my friends too (she's a minor and the co-host for the event). Neither of us is under a current investigation that we know of and haven't had the protest yet.

Brent T. Geers
Brent T. Geers answered on Aug 10, 2020

Do you mean through accessing their information / investigation networks? No. The police can investigate anyone at anytime, and can access and act on publicly disclosed information (e.g. Facebook). Certainly as the subject of an investigation, you have rights, most importantly the right to remain... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Michigan on
Q: What action can I take if the Secretary of State/DMV is falsely reporting that I committed a crime?

I was charged (but not convicted) with Minor in Possession of Liquor when I was 16. The case was dismissed. I was told the record would be expunged when I turned 18. I am now 23 and this incident is still showing up on my driving record (Why my driving record??).

This is now hindering my... Read more »

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

Lots of questions here...who told you it would be expunged when you turned 18? And even if true, court records (which a judge would have the power to expunge) are different than the Secretary of State's records (which judges have no authority over).

My first step would be to reach out...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Wasn't given rights to a speedy trial low income is there someone I can contact there's been other misconduct
Brent T. Geers
Brent T. Geers answered on Jul 15, 2020

What do you mean by not having a right to a speedy trial? Delays in getting to trial can be attributed to the prosecution OR the defense, and unless you happened to be a MDOC prisoner at the time, there is no absolute right to have a trial within a certain period of time. What speedy trial does in... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... Read more »

Jeff Herron
Jeff Herron answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... Read more »

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

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