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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Currently charged with a second offense.

Currently charged with my second offense. I don’t know how it’s possible when A. It was self defense. B. I have video evidence of HIM assaulting me. C. I have 5 wounds and photos of them, he has one from when I tried to get him away from me. D. He was in our infant’s bedroom. I was trying to... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2020

For purposes of just getting straight to the point: your first sentence ("Currently charged with my second offense") sort of tells the story.

Nothing will happen until you are arraigned; there is likely a warrant out for your arrest and so it would benefit you to address that now...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I am looking for an attorney to tell me the process of trial one a gag order has been issued and the fair trial process.
Brent T. Geers
Brent T. Geers answered on Oct 21, 2020

If you are approaching trial, and one with a gag order in place, you need an attorney right now. There is a saying: "a person who represents themselves has a fool for a client". Attorneys hire other attorneys to represent them in trials. Don't go this alone or try to piece meal... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Does an application to expunge a felony, go by the original charge?
Brent T. Geers
Brent T. Geers answered on Oct 19, 2020

An expungment is of the convicted charge; it does not matter what a person was originally charged with.

1 Answer | Asked in Criminal Law for Michigan on
Q: i was pulled over for just driving down the road..bysame officers whom pulled me over in my yard the day before legal

and i didnt do anything wrong at the moment till when they pulled me over..My friend gave me his mom registered gun to bring back to her in a case unchambered and i got charge carry a concelded weapon.. They think i had info on friend whom got raided 10 days prior.. I told them i have no idea... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2020

What is the question? I don't doubt you were being followed, and the police were just looking for reason to charge you with something. Whether it's "harassment" really depends on whether they had legal reasons to stop you each time. It sounds like they did, at least for the time... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: In the state of Michigan, how many days can a defendant be held without a preliminary hearing being conducted

My fiance was arrested based on a report I can prove is false. Because of his history from 20 years ago, and the fact that he is on parole, he was given an unreasonably high bond. He has now been held 48 days since the original charges and 45 days since the secondary charges of resist and... Read more »

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

Something unusual is happening here...I'm wondering if he has been actually arraigned on these charges as opposed to just being picked up on a parole violation. If he was arraigned, he would have needed to consent to waiving the 21-day rule by this point, or waived his prelim. Making matters... Read more »

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 Criminal Law and Family Law for Michigan on
Q: How might an unarmed robbery felony conviction affect parenting time case in Michigan

From 2011 but person was released from probation “without improvement” and ended up with a psych evaluation to stand trial

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

Not something you'd ideally want to contend with in a parenting time dispute. That said, the court's focus is on what's best for the child. Unless there is something about the conviction or psych evaluation that impacts parenting, it should not be a big deal as long as ongoing... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Landlord - Tenant for Michigan on
Q: Can someone use stolen evidence can i sue for defamation of character.

My ex broke into my home in june 2019 in which i pressed charges on her now husband for b and e and larsony. I didnt show up to court and it was dropped to disturbing the peace. now they are using the photos they took against me in a custody battle.

Brent T. Geers
Brent T. Geers answered on Sep 29, 2020

Family law is civil in nature and not subject to the more stringent criminal law standards. How are the photos relevant? That should be the focus of your fight now.

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Biometrics Appointment

When you go for your biometrics for a permanent resident card renewal do they ask if you have ever been convicted of a felony or misdemeanor or do you fill out a form that asks if you have been convicted of one of those offenses?

Or is the biometrics appointment just for fingerprints, photo... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 21, 2020

No. However the information is likely to show up on the background check.

1 Answer | Asked in Criminal Law for Michigan on
Q: Criminal record?

Will a violation of local ordinance, misdemeanor 3rd degree retail fraud that is a 1st and only offence go on your criminal record?

Someone said that if the box is checked for local ordinance and if you didn't get taken to the police station or fingerprinted after the offense then it... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 16, 2020

Not true at all. The case is likely being prosecuted by the local city attorney's office instead of the county prosecutor. We call it a difference between "city charges" and "state cases". That said, it's still a criminal misdemeanor once convicted.

1 Answer | Asked in Criminal Law and Child Custody for Michigan on
Q: Will I go to jail?

I live in Michigan, I am a single Mom. I have full custody of my child, his father has visitation.

I recently got a citation for local ordinance misdemeanor 3rd degree retail fraud. I wasn't taken to the police station and I wasn't fingerprinted. This is my 1st ever offense.... Read more »

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

Breath. Understandably, you've never been in criminal trouble before and are imagining the worse possible scenarios. You will likely not see any jail time, and so long as you are otherwise financially qualified, will remain free to buy a house. And if something like a single misdemeanor retail... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Was contacted by law inforcement about an incident at his massage business what should he do ?

He's not guilty of anything although he has in writing where a woman had gone mental staying she was uncomfortable around a year ago and had been opologetic not really even remembering the situation when later confronted around four months ago and didn't think much of it until this... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 9, 2020

First, be mindful that there are a lot of telephone scams going around claiming to be from law enforcement, and ultimately demanding money or personal information. If the person left a name and a phone number, contact the police department to see if it's legit. If it is, tell them you'll... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Charged with larceny in a building and acquitted, then prosecutor recharged with larceny by conversion. Double jeopardy?

Nothing new, no new evidence, same exact police report. Accused of stealing 8 12 x 12 horse stall mats that were 20+ years old. In 1st trial it was clarified that they were 6 X 12 and a total of 16, then in the Larceny by conversion trial I was found guilty of stealing and converting 60 + stall... Read more »

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

Double jeopardy involves having to answer for the same conduct twice. Larceny from a building and larceny by conversion involve different elements (i.e. one does not involve having to prove anything from taken from a building) - see Blockburger Test.

You may have an estoppel issue with...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can prisoners send legal mail to others?

I've been helping with a prisoner and I wanted to see some legal papers she had but she said she can't send them because it's illegal.

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

Not sure why they would be illegal for her to send them to you if they are in fact her's. A prisoner can send or receive most any mail that is not deemed contraband. It would be contraband for her to possess other prisoners' legal work. "Legal mail" refers to the process by... Read more »

1 Answer | Asked in Juvenile Law, Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Can I request that my fourteen-year-old daughter be locked up at the juvenile detention facility? Just for a short time?

Recently my 14 year old daughter has been acting out doing things such as getting aggressive with her younger brother and sisters she ran away this morning when I found her I was able to get her in the car and then she began hitting me and fighting me. What are my options as a parent what can I... Read more »

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

Unfortunately, no, unless you are wanting criminal charges filed against her - which may become your only option at some point.

If you have the resources, you should look into counseling, perhaps even inpatient.

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Is exchanging nude photos, unknowingly with a minor illegal?

If someone sends you nude photos without any indication of age imply anything about their age?

Brent T. Geers
Brent T. Geers answered on Aug 24, 2020

Depends on whether there was any communication or solicitation. If there is any doubt as to age, you should not be exchanging pictures.

1 Answer | Asked in Criminal Law for Michigan on
Q: How can the police charge you for a crime that had nothing to do with you? If you were just there at the time it happen?

The narcotics team came to a home looking for someone who lives there but are trying to charge me as well just for being in the home. How is that possible if they had a search warrant for the suspect?

Brent T. Geers
Brent T. Geers answered on Aug 24, 2020

Maintaining a drug house, probably. Likely, the narcotics team had been watching the house for some time, or has a confidential informant who has provided information as to who frequents the house.

1 Answer | Asked in Criminal Law for Michigan on
Q: Could my friends and i be charged with malicious destruction of property if no damage occurred?

At my work, we have 2 managers who are college students. We all are close with them and they tell us our experiences trespassing and drinking underage. Me and 4 other friends wanted to pull a prank on them so we smeared some pizza on their cars as a joke. We realized we may have put too much on and... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 13, 2020

There are a few charges the police could pursue - tampering is one that doesn't necessarily require damage. The question is whether the police, and prosecutor, will find this a matter to pursue. Only time will tell, unfortunately.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: Hello, I have a question regarding Identity Theft; and jurisdiction.

My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 5, 2020

Not sure with the facts given, but I would suspect venue may be proper in Monroe if that's where your mother in law lives and it's alleged that's where you obtained her identifying information.

1 Answer | Asked in Criminal Law for Michigan on
Q: I’m on probation in Michigan & my work requires a lot of out of state travel. Can probation make me quit or find other ?

Felony probation over 50% completed, no history of fleeing or evading or not showing up

Daniel Hilf
Daniel Hilf answered on Jul 28, 2020

A common condition of probation is to not leave the state without approval of the Court. If your probation officer is unwilling to allow for travel, it is recommended that you hire a lawyer to file a motion before the Judge assigned to your case to allow for travel.

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