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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: Berrien County has my case all backwards. I have two cause numbers when there should only be one.

I was charged with an additional charge 2 months later. They are saying that I was charged with the drugs first. Then the prostitution...when in fact It was the other way around. I now have warrants and I need to get then taken care of.

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

When were you arraigned, and on what charges? Just because something happened in a given time sequence does not always mean that's how the charges will reflect it; People can be charged with a crime that happened earlier after being charged with another crime.

1 Answer | Asked in Criminal Law for Michigan on
Q: How could I request court documentation about a case involving me?

As a child, I was a witness/alleged victim in a Michigan court case involving child sexual abuse. I don't have any information as to which court tried the case but I'd like to have access to any documentation I can, especially the results of the test that the prosecution had run to... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 3, 2020

The first step is to find out what court the case was in. If you know the defendant's name, and that person is still alive and in prison, you could do an inmate search, which would indicate what county the conviction came out of. It will also list the case number. Then you could contact that... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: If I am a disabled adult and I was forced into a plea deal about a criminal case what should I do
Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Disabled does not equal incompetent, which has a legal definition. You are presumed competent.

How were you forced into a plea deal? At some point, you had to have appeared before a judge, who asked you (not your attorney) "has anyone promised or threatened you with anything to get...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I pleaded guilty to a misdemeanor but because I didn’t pay, they converted it back to a Felony! What can I do!
Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Not sure there is anything you can do. Sounds like the court did exactly what they told you they would do: if you pay, you get a misdemeanor; if you don't pay, you get a felony. Usually in these types of cases, you entered a plea on the factual basis for the felony; in other words, you already... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: i know someone that was on probation for DUI and possession marijuana and was a misdemeanor 1st offense but they left

state 6yrs ago and has 2 bench warrents because of it..what exactly can be done to avoid jail time?? at one point michigan come for him in georgia and was gonna take him but decided not to because he is diabetic and has high bp

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

The absolute best way would be for him to contact a Michigan attorney local to the court he was sentenced in to arrange a return and surrender. It's doubtful that a Michigan court would extradite him from Georgia for something like this, but if they did, or if he's ever found back in... 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 Criminal Law for Michigan on
Q: We are down to the wire now Lewis Sanford is set to be sentenced Monday to a prison term of 6 yrs or 10.5 for possession

It's clear the prosecutor completely hates Lewis and has not been open to any negotiating and we feel our 7,000 dollars got us not alot of fight from our attorney but then again we don't know if he has done all he can yet ? Louie is guilty of possession not possession with intent there is... Read more »

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

There is not a whole lot anyone can do at this point. Your attorney's job at this point is to advocate for whatever terms of the plea agreement and as low of a sentence as that agreement allows. For better or worse, Lewis plead guilty to PWID, not possession. Regardless if there were talks... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the shortest amount of time a inmate has to serve on a 120 month federal sentence? he has almost two years in?

My boyfriend was sentenced sept 2019 and had already been detained since august 2018 his release date has changed from the one listed on bop.gov and it doesn’t include halfway house or home confinement what is the minimum amount of time he will actually have to serve in the bop system if he stays... Read more »

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

Way too many moving parts in the federal system to give a concise answer here. Best guess is some amount of time less than 120 months. Your boyfriend will get the best answer from his counselor.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a non-violent felony on my record from 2004 in IN.I live in Mi.and have for 15 years.Can I buy and own a gun now
Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

There is a process to have your gun rights restored here in Michigan. Unless you do that, then no.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: am i allowed to buy alcohol while im 21 years old but haven't received my new license
Brent T. Geers
Brent T. Geers answered on Jun 9, 2020

Yes. Your current license has your birthdate on it, and so when they check it, they will know your age.

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 for Michigan on
Q: Am I disqualified from owning a rifle? (not concealed carry)

in 2009 I was charged with a felony count of possession of marijuana in another state. the charge was reduced to a misdemeanor after a guilty plea. I am currently able to vote, and do not have any rights withheld.

Brent T. Geers
Brent T. Geers answered on Jun 3, 2020

You should be fine.

1 Answer | Asked in Criminal Law for Michigan on
Q: My brother is a minor being charged with a felony as an adult. Is there a way to reverse it to a juvenile case?

He has not had any psychological testing, is there any way to get a motion to get a psychological evaluation?

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

This depends on how old your brother is and the severity of the crime. If your brother is 16 or 17, it's not uncommon at all to be charged as an adult. In fact, there is no minimum age to be charged as an adult; children as young as 10 have been charged as adults. More commonly, if your... 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 Criminal Law for Michigan on
Q: Will a name change background check result in a civil lawsuit for a crime in which the victim did not press charges?

Two and a half years ago, I was expelled from a university for stalking a female student. I did not fight it, I simply confessed to doing it. However, no criminal charges were made against me, just the expulsion. Now, I need to get a job which asks about disciplinary action in college. So I want to... Read more »

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

Background checks serve two purposes: 1) obviously to find disqualifying history, and 2) to help establish your character for truthfulness. Many people forget that second part. You may have heard the saying "it's not the crime, it's the coverup"; same thing applies to background... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I was prosecuted, convicted, sentenced, and sent to prison where I served my entire 2yr sentence on an invalid complaint

So what are the next steps to have a criminal judgment vacated based upon lack of subject matter jurisdiction?

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

That won't work. You went to trial, I'm presuming; the court almost certainly had jurisdiction as you were found guilty of committing a felony in that county. The answer to what you can do now depends on what you have done already. Most likely, you can file a "6500 motion" -... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a Lawyer in Livingston County Mi. That can be hired just for Requesting a bond hearing due to the Corona issue

There is No court date for my boyfriend anytime soon and he is in the Non violent case in federal.

Brent T. Geers
Brent T. Geers answered on May 18, 2020

Possibly. Is your boyfriend sentenced? If not, then he should have an assigned attorney if he didn't already retain a lawyer. You could call the federal defenders office for the Eastern District to see. If he has an attorney, that attorney must file (if there are legal grounds to do so).... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I legally own a gun without getting my husband in trouble even though he is a felon?

13 years ago my husband (as a teen) went to prison for committing a crime. His charges were felony firearm, assault without the intent to murder, discharging a firearm at a dwelling within city limits, and possession of a short barreled firearm. He did 4 years in prison and was released in 2011. He... Read more »

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

Good question. There is a process for people with felonies to restore their gun rights. I would not recommend you keep a weapon in the house or anywhere your husband may be deemed to have constructive possession (i.e. access and ability) until he successfully completes that process.

1 Answer | Asked in Criminal Law for Michigan on
Q: Does reporting a sexual assault mean I have to press charges?
Brent T. Geers
Brent T. Geers answered on May 10, 2020

There are too many factors for a definitive answer. Generally, if you report to a treatment agency (e.g. YWCA or hospital), you may choose whether to proceed with criminal prosecution.

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