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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What could I do if a court came to a conclusion without a trial?

My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a conclusion.... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 15, 2019

Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?

1 Answer | Asked in Criminal Law for Michigan on
Q: Filing a post judgment order to amend restitution—A family member was convicted in ST. Joseph, MI and ordered to pay

Over $100,000 for damage to a property in 2009. The property was sold in 2016. How do we have the amount of restitution amended to credit the sales price? Is it to have a motion filed and if so, what kind of fees are we looking at? Thank you.

Brent T. Geers
Brent T. Geers answered on Nov 12, 2019

I think you'd need certainly a post-judgment motion. The legal question, though, is what was the amount of damages in 2009; not necessarily what the property eventually sold for. I think the more interesting question - and perhaps how this sort of motion may be better presented - is whether that... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I did one year in prison for a methamphetimines along with 5 years probation. I had one and a half years left.

I recently got a attempted obstruction of justice. I go to court tomorrow in Oakland county. Any advice

Gary Kollin
Gary Kollin answered on Nov 4, 2019

Get an attorney

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: Can an adult above the age of 21 be charged for 2nd degree sexual assault that they committed it at age 16 in Michigan?
Brent T. Geers
Brent T. Geers answered on Nov 2, 2019

Yes. The relevant statute of limitations is what is important.

1 Answer | Asked in Criminal Law, Employment Law, Health Care Law and Nursing Home Abuse for Michigan on
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.

My CNA license may or may not be revoked.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: Halloween costume help! Not braking 750.215, but 750.216a, (which I didn't know was a thing).

Please help me. I thought I was doing everything right and legal, but I just I was wrong. This year for Halloween I wanted to dress up as a Michigan Sheriff's officer. I go to university, and what scares college kids, the cops. I tried to do my best homework on the legal matter, and read that I... Read more »

Gary Kollin
Gary Kollin answered on Oct 27, 2019

Well, I do not know the answer to question without seeing it. However, as a university student, braking or breaking?

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2 Answers | Asked in Criminal Law for Michigan on
Q: Can someone explain the speedy trial rights for someone thats out on bond ,are u automatically granted a speedy or do u

Have to put in a motion for one. I just dont understand the process of it and qould like to know.

Gary Kollin
Gary Kollin answered on Oct 22, 2019

You should be represented by counsel especially if you do not have a basic understanding

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2 Answers | Asked in Criminal Law for Michigan on
Q: Okay say you just dropped someone off. And you are driving get pulled over. The police search the vehicle and find drug.

The drugs are not yours, but y ou u are arrested for them. The person who you dropped off writes the judge said the drugs found were there's they must have dropped and is willing to get on stand a testify that that are theirs. Should the case be dismissed. Or could one still be found guilty?.... Read more »

Gary Kollin
Gary Kollin answered on Oct 20, 2019

There is more to this STORY than you have been told.

A letter to a judge means nothing.

A witness would have to testify in front of the jury.

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1 Answer | Asked in Criminal Law for Michigan on
Q: need I formation about running away of felony probation of delivery and manufacturing of narcotics less than 50g or less

Did complete my 2 yr. Drug court program for my felony probation but I still had fines to pay but found out I had the controlled buy done on me and I ran because I was scared I would go away for a long time and not see my family. How long will I get in prison if I go back and turn myself in I have... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

You will be sentenced on your probation violation, with your original sentencing guidelines used for a good estimate. Additionally, you are likely facing a new charge, and points will be assessed for picking up this new charge while on probation in the sentencing guidelines. Without knowing more... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Hello, my husband is on probation till November 21 I heard that the court could take him out of probation.
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

Probation officer can ask the court to release him from probation. Whether the probation officer would be willing to make that ask, and whether the judge would agree, depends on the circumstances.

1 Answer | Asked in Criminal Law for Michigan on
Q: My husband is in jail for possession of meth but it was not his.

The person who it belongs to wrote a letter to the judge Stating that it was theirs. And he had No knowledge of it. By this person write the judge should he be released

Gary Kollin
Gary Kollin answered on Oct 2, 2019

If a simple letter would do that, then so many people including the guilty would be set free.

He needs an attorney

1 Answer | Asked in Criminal Law for Michigan on
Q: Should i be convicted to elude a police?

I was going after a truck, and i used the passing lane to over take the truck. After passing through, i started to lower the speed under the speed limits. After sever miles, i noticed the police car with light, i don't know they are aiming at me and i didn't hear any police car honking. Then i... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 30, 2019

The facts being as you described, I would be surprised to find a prosecutor willing to dismiss the charge, or a jury able to find that you did not have intent to elude after traveling several miles even at lower speeds. Only a local lawyer able to go through all the evidence against you can give... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: Information on possible outcomes for a resentencing
Gary Kollin
Gary Kollin answered on Sep 30, 2019

Same, less or more

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1 Answer | Asked in Criminal Law for Michigan on
Q: How long can they keep you in custody for arson charges with no evidence?

They put a no contact bond condition on my husband so he can't contact me but I'm his spouse and care taker of our 2 month old daughter.

He has a prelim on tuesday and they want me to testify but I have nothing to prove he's guilty .

Please help i just want him home and know I... Read more »

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

I know this answer comes likely after your husband's prelim. But I suspect there is much more to this story. That your husband has a no contact order with you as part of his bond conditions tells me that at least the court believes you may be more than a witness, but a victim in some regard.... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a misdemeanor in Michigan, (3rd degree retail fraud under $200) that happened in June this year.

I have a misdemeanor in Michigan, (3rd degree retail fraud under $200) that happened in June this year. I was sentenced to a year of probation. I was informed that i wouldnt be able to do direct patient care until 2022. However, I was already set to start my nursing program in January. I was just... Read more »

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

Your issue is something you'd need to address with the relevant licensing board; it is not a legal question.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Michigan on
Q: Is it to late?

My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Sorry

1 Answer | Asked in Criminal Law, Wrongful Death and Domestic Violence for Michigan on
Q: My husband was beat to death in our home. Can I sue for wrongful death?

Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

Sue who?

1 Answer | Asked in Criminal Law for Michigan on
Q: How to get 2nd amendment rights back after having two felonys?

Have a friend who got 2 felonys over 10 years ago for home invasion and conspiracy to home invasion, was guilty by association and charged as an adult at 16. He would love to teach his kids how to hunt and protect his family, hasn't been charged with a crime since the initial incident. How would he... Read more »

Gary Kollin
Gary Kollin answered on Sep 2, 2019

By obtaining pardons. It is done in the state of conviction

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a felony conviction can it be reduced to a misdemeanor?
Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

Extremely difficult and unlikely. It would take cooperation from the prosecutor. Why not just ask for an expungment?

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with preponderance of... Read more »

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