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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: My cousin received and itemized list of seizure from the fbi. It's not his stuff should he contest or ignore?

His apartment building was raised a few months prior, and although it didn't have anything to do with him he was still questioned. They Lt him go and nothing has happened since but he got a certified letter saying that they were going to seize if he didn't forfeit the items on the list.... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2022

If it's not his stuff, what would there be to contest? Your cousin would be well advised to leave well enough alone.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can an accuser legally contact a defendant with a no contact order in MI?

Someone was arrested for allegedly stalking his wife. A no contact was placed..SHE messaged him. He replied and now he's in jail with a revoked bond. Shouldn't SHE be in trouble?

Brent T. Geers
Brent T. Geers
answered on Nov 20, 2022

No. The no-contact order is against him. While she should not have contacted him, he was legally obligated not to reply. That he did is contempt of a court order.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there anything I can do to get an expungement for crimes committed 7 years ago?

The case wasn't closed until I paid the fines in 2021 but I had limited funds. They won't even hear my case.

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2022

They won't hear it because, by law, you are not eligible due to having outstanding fines into 2021. A judge does not make the rules; they can only follow them. An expungement can only be granted after expiration of the applicable time period, which begins once the entire sentence - including... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: The officer said he saw a Needle cap in my car and this was why he had reasonable suspicion to search the car

drugs found in a pill bottle in a purse and make up bag. I was the passenger of the vehicle and the driver had 2 Xanax on him. The car was mine. The needle cap is not in evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2022

Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Michigan on
Q: Should dashcam footage from Michigan state police have date time stamps. Kalamazoo county

My public defender wants me to see psychologist because I find it weird the dashcam has no date time stamp

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

Typically it would have date stamps. But I'm not sure that's the issue. You should have a conversation with your attorney about why he or she is recommending you see a psychologist.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Identity Theft for Michigan on
Q: How can I get my name cleared after someone used my identity to make a false CPS report against my grandsons father?

It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2022

I'm unsure what you are asking. If your concern is that a call you made was reported inaccurately, that's one thing. If you're saying you never made a call, then that's a whole other thing.

The information you received through FOIA are reports, which are always subject...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for Michigan on
Q: The Prosecutors Office has refused to charge the complainant on my case with 2 serious crimes. What is going on? Legal?

These are not related to me. The first was a DV offense where she kicked a pregnant woman in the stomach two years ago. 3.5 months ago she was pulled over with superdrunk 3rd DUI(Felony). In both cases she was arrested, Warrants were requested by police, but the prosecutors office ignored them on... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2022

Charging decisions are wholly within the prosecutor's discretion. Regarding the DV offense, if it was two years ago, I think it's a foregone conclusion what the prosecutor thinks of that. Could be witness issues, and apparently the pregnant woman hasn't been in the prosecutor's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: My mom threatened to kill my boyfriend, what do I do?
Brent T. Geers
Brent T. Geers
answered on Oct 20, 2022

Does your boyfriend know? He's the one that would need to do something about it.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: which lawer do i get in contact with to help me getting my gun rights restoration
Brent T. Geers
Brent T. Geers
answered on Oct 8, 2022

There are attorneys who specialize in this, but generally, any criminal or appellant lawyer could assist.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a law where when u are arrested, That u have to be mirandized, before being charged with a crime

I was on picked up on a warrant that was issued for me that morning and picked up from work, and was never actually read my right until pretrial

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.

Only because of TV and movies do we believe the police need to...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Michigan on
Q: Can a person with a 24 year old Felony work in a store, Walmart, that sells guns??

I am in Michigan and was convicted of a felony in 1998. Great bodily harm less than murder. I know that it is up to the individual companies, but wondering if there is any law, state or federal , that would prevent me from working there.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Working there? I don't think so. Probably not in the gun section. You should look into, at the very least, restoring your gun rights, though.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiances case files says closed all counts have been sentenced but his probation guy is trying to charge him with

Another violation and give him more time is this legal? And how can we fight this? He was sentenced 09/09/22 and he's had 3 more court dates that they keep pushing back now it's 10/06/22. They also give no paperwork to his attorney before court but want them to take the sentence and told... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Sounds like a probation violation, which can happen. He needs to stay in close contact with his attorney, who will be in contact with his probation agent.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: Will I go to jail right away when I turn myself in for a DV charge with no bond set? My fiance was the aggressor.

I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2022

Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.

1 Answer | Asked in Criminal Law for Michigan on
Q: In the state if michigan, how long after a sexual assault report has been filed with police, will it take to get it in f

to get the paper work in front of the prosecutor?

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Depends on the facts of the case and how much investigation is required. There is no timeline. I've seen cases sent to the prosecutor a day after a report is made; I've also seen cases that take years.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

1 Answer | Asked in Criminal Law for Michigan on
Q: Am I allowed to be sentenced in the court of law under the influence of methamphetamines

Being up prior to court for 3 days before sentencing drug tested found positive and then sentenced to 300 days incarcerated but the plea bargain was to be 2 years probation. Somehow I received 300 days and the two years probation.

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

Unless you had permission or a prescription for methamphetamines, you engaged in misconduct by being under the influence. Misconduct between a plea and sentence nullifies any plea agreement, leaving the judge to sentence you as he or she sees fit under the law.

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: What if the victim doesn't fill out the victim packet before the defendant has not been notified of any charges filed...

...yet. Is it likely court will continue with charging person accused of the DV?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Not sure what you are referring to by "victim packet" but prosecutor doesn't need that to move forward with charges.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Michigan on
Q: My daughter was assaulted by father. There are 3 urgent care doctor reports. Cps did nothing. Only reported one assult.

I called police to see if I can report the other two. Got the run around in Jackson county. I finally was told I could report her father biting her. She scratched him protecting herself and he put charges on the child although her injuries were more severe. He made things up to have her go to... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 10, 2022

There is, unfortunately, nothing other than reporting to the police. Perhaps try contacting the prosecutor's office; they are the ones who determine who to charge and with what, not the police.

1 Answer | Asked in Criminal Law, Libel & Slander and Internet Law for Michigan on
Q: Is it possible to not know if you had a restraining order that was put on you 5 months ago in Michigan?

A woman I reported to the police in May made a tiktok video with me with my pics name and another females pictures accusing us of stalking her and talking to her man. She labeled me stalker no.1 with a restraining order she claims she filed 5 months ago. When I went to the police to complain about... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2022

If there were a restraining order - more technically called a PPO - the police should have told you when you reported this.

You can go to the circuit court in your county to see if one has been filed.

I suppose you could try to sue this person civilly - and you possibly have some...
Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: If there's no evidence of the crime my brother is being charged with should he take a plea or go to jury?

They are charging him with criminal sexual material which they have no evidence for and accosting a minor..he was a pizza delivery guy and a electronic order was placed for pizza and he was sent to deliver it. When he got to the motel room he was arrested and told he'd been texting a girl from... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 3, 2022

From which source are you hearing there is no evidence? A jury can only convict based on evidence presented at trial. If there is no evidence, or he is innocent, then the logical choice would be to go to trial. But I suspect the prosecutor has a very different take on whether evidence exists, and... Read more »

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