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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Michigan on
Q: is 250,000 dollar bond excessive for a possession of cocaine charge in michigan?

the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »

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

There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.

$250,000 is on the high end for a...
Read more »

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.

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, 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 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, 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...
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1 Answer | Asked in Constitutional Law for Michigan on
Q: Can practicing and ordained Pagans use Psilocybin for religious intent?

I’m ordained and have been considering doing a Pagan soul search.

Brent T. Geers
Brent T. Geers answered on May 20, 2020

Psilocybin (aka mushrooms) is considered a Schedule 1 controlled substance and so is illegal. There is no religious exception. If you are caught, you could be criminally charged with use or possession of a controlled substance.

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 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,...
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1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

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

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

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...
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1 Answer | Asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan on
Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

David Soble
David Soble answered on Sep 19, 2019

Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners'...
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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: In an invasion of privacy where the Plaintiff gave the Defendant permission to do whatever with video, how do you defend
Brent T. Geers
Brent T. Geers answered on Jun 10, 2019

Too many factors at play to give a good answer, but let me provide a framework for analysis:

If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in...
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1 Answer | Asked in Constitutional Law, Criminal Law, Gov & Administrative Law and Traffic Tickets for Michigan on
Q: Must police ask reasonably related questions related to the purpose of the traffic stop for an equipment violation?

Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2019

Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the... Read more »

1 Answer | Asked in Constitutional Law, Consumer Law, Criminal Law and Real Estate Law for Michigan on
Q: Is it illegal for an agent to cash a money order deposit if we have not gotten an approval or keys to the house?

My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »

Trent Harris
Trent Harris answered on May 2, 2019

It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: How can I file a lawsuit against police for racial profiling and defamation of reputation?

Police do discrimination and racial profiling against me. They defame my reputation everywhere. I want to file a lawsuit against police for violating my constitutional and civil rights, and to bring my witnesses to the court to testify under the oath.

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

Perhaps your first stop should be to the police department to make a formal complaint with that department's internal affairs. Your next stop could be to a civil rights attorney. Successful claims show a pattern of discrimination and profiling, and without substantial evidence of that, an... Read more »

1 Answer | Asked in Constitutional Law for Michigan on
Q: My dad passed away in his home police got there before me he had no girlfriend anx im his only son the police said the

Y are taking them for safety reasons how would i get them back

Brent T. Geers
Brent T. Geers answered on Jan 2, 2019

You'll probably need to open a probate estate, and with the Letters of Authority in hand, contact the police department.

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