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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: what is a 16 year old boy hit a 15 year old girl in Michigan
Dana B. Carron
Dana B. Carron answered on Jun 8, 2021

It could be an assault ... it could be self defense ... is it upsetting enough to pursue criminal charges? Your question is very hard to answer on the limited facts given.

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan, do I have to divulge a No Contest Plea from 12 yr ago on a Jury Duty questionnaire if it's been expunged?

No contest plea was to a felony. I wasn't given jail time. Just 6 months to be free of any legal trouble and the record would be expunged.

Brent T. Geers
Brent T. Geers answered on Jun 7, 2021

If it's been expunged or entered under HYTA, no.

1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: Can a police officer go into a residence to do a wellness check and search while he is in there for drugs??

The person in charge of said residence told him he did not have permission

Brent T. Geers
Brent T. Geers answered on Jun 2, 2021

Your question is heavily fact-dependent. How and what was the police officer searching? What was the basis for a wellness check? Regardless, cops don't need to ignore things then in the open. For example, there would be no impermissible search required for the police to arrest someone when... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: There is this guy I know, who has multiple crimes and still only gets a slap on the wrist so to speak, why?

He has cut off a tether, broken a PPO order, multiple assaults , and always either gets probation or 30 days in jail, whats it gonna take to put this guy away for a while. Now he attacked a mentality handicapped guy and broke the mans arm, this is the same guy who had the PPO against him. Why is he... Read more »

Dana B. Carron
Dana B. Carron answered on May 27, 2021

Judges take a great variety of things into consideration - much more than just what violation was committed -- when sentencing. Also, the way the system works is that you get punished more severely as you continue to commit violations. He will probably get what he deserves this time.

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2 Answers | Asked in Contracts and Criminal Law for Michigan on
Q: I went through home advisor to find a contractor. He took a down payment and has since stopped communication.

I signed a contract with the individual that he would replace the fencing around my property. After the check cleared for the down payment, he has stopped returning my messages. What are my legal options?

Dana B. Carron
Dana B. Carron answered on May 27, 2021

You may want to contact the police and file a complaint.

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2 Answers | Asked in Criminal Law for Michigan on
Q: Is being convicted with attempted larceny the same as being convicted for larceny?
Dana B. Carron
Dana B. Carron answered on May 26, 2021

750.92 Attempt to commit crime.

Sec. 92.

Attempt to commit crime—Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I'm seeking to challenge a search warrant based on the veracity of the affidavit .

The officer left out exculpatory information told to him by a witness. That witness was a confidential informant who wasn't named in the affidavit. The officer swore to the witnesses reliability . If what this witness said he witnessed is true. What my accuser alledges cannot be true.

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Talk to your attorney. They aren't going to expose the CI without a considerable fight of course. And it is permissible to rely on a CI's testimony.

The duty to disclose exculpatory evidence is on the prosecutor, not the police; it would be weird for a search warrant to have...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Can an officer swear to the reliability of a witness in an affidavit and then not rely on what the witness said he witne

My accuser alledges that I sold him methamphetamine in a camper trailer on the back of a piece of property. The informant ,who was conducting a controlled buy on my accuser, said my accuser walked down the driveway and stepped behind a shed and stood there the entire time .he said my accuser... Read more »

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Perhaps one of the most common misconceptions, and hardest to convince clients of, is the fact that police reports are not evidence. At some point, if you go to trial, the prosecutor will need to have those individuals testify; your attorney might be able to ask them questions about the... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My son He was charged with 4th degree CSC in 2004 with no jail time. He was to be off the registry in 15 years.

WHY IS HE STILL ON TO REPORT AND REGISTER. HE WAS ALSO TO BE A TEIR ONE BUT THAT NEVER HAPPENED. He was charged by my daughter-in-law with touching my granddaughter a week after we saw bruises on my granddaughters lower back and Justin asked his brother what happened and he told him that Kristy... Read more »

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Your son needs to confirm his registration status, and should check his judgment of conviction to see what exactly he has. MSP just enforces what is court-ordered, so there might be a miscommunication or misunderstanding somewhere between what your son and the court think.

The remainder of...
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2 Answers | Asked in Criminal Law for Michigan on
Q: What is the law called to be unable to be convicted without physical evidence

IM WRITING A PAPER FOR 5TH GRADE

Dana B. Carron
Dana B. Carron answered on May 13, 2021

GOOGLE the following:

can you be convicted of a crime without physical evidence

and you will see the mistake you are making.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Dana please help

So my project is on changing the law that states You cant arrest someone without physical evedince I want to say the law is wrong what are 3 strong key points I could use? And how do you want your name in my paper?

Dana B. Carron
Dana B. Carron answered on May 13, 2021

Where are you finding something that says that you cannot arrest someone without physical evidence? One of us is confused.

1 Answer | Asked in Criminal Law for Michigan on
Q: Im a student writing a paper help me please

If I killed someone but there are no fingerprints or physical evidence saying I did but someone was like. "Oh yes she told me she was going to kill her". Could they be aressted?

Dana B. Carron
Dana B. Carron answered on May 13, 2021

They would be investigated for that, however, that alone would not be enough evidence for an arrest.

2 Answers | Asked in Criminal Law for Michigan on
Q: What is Circumstantial evidence? I'm a student writing a paper on this
Brent T. Geers
Brent T. Geers answered on May 13, 2021

Think of this example:

I'm in the bedroom of a house. I know it's raining outside. I don't see you walk into the house, but find you in the living room wet. That's circumstantial evidence that you were just outside. Based on the circumstances (e.g. raining outside; you...
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2 Answers | Asked in Criminal Law for Michigan on
Q: Why does the US not allow the culprit to be arrested without evidence? I'm a 6th grade student writing an Essay on this.

If I killed my friend everyone and everyone said yes yes she killed her friend she told me she was going to but there was no physical evidence and everything pointed to me why am I unable to be arrested

Dana B. Carron
Dana B. Carron answered on May 13, 2021

Take a look at the following: https://mjieducation.mi.gov/documents/criminal-qrms/400-arrest-warr/file

You can in fact be arrested without any physical evidence, as you will see by reviewing the above requirements for an arrest warrant to be issued.

The specific relevant info in...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Can a neighbor have cameras and record me on my property
Brent T. Geers
Brent T. Geers answered on May 10, 2021

If the camera is on your neighbor's property and is not placed solely with the purpose to surveil purposefully you, then I think it's okay. A neighbor, for instance, would certainly be within their right to have a camera installed overlooking their backyard area even if it so happened to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: I’m asking what can someone be charged with if they call an say they gonna have someone kill my boyfriend,AN WE HAVE IT

On recording

Brent T. Geers
Brent T. Geers answered on May 10, 2021

File a police report and see. Depending on what they find, they could recommend a number of criminal charges to the prosecutor, who is ultimately the decider of who gets charged with what. Your boyfriend may also consider applying for a personal protection order.

1 Answer | Asked in Criminal Law for Michigan on
Q: The Michigan dept of corrections had me on their website as having absconded from probation.

I was never convicted or sentenced to be placed on any probation. Though I was arrested for being at an after hours club along with several others. The small quantities of drugs discarded on the floor were never attached to anyone, and the arresting squad never showed up in court on the 2... Read more »

Brent T. Geers
Brent T. Geers answered on May 7, 2021

Did you have a lawyer during this process? That should be your first call. He or she should have what's called a nolle pros (motion and order to dismiss) in the file.

Were you on probation or parole when you were arrested? An arrest, even if it doesn't led to conviction, can be...
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1 Answer | Asked in Criminal Law for Michigan on
Q: can a sex preditor exposure groups info get me charged in michigan

if a non-police sex preditor exposure group set me up with a sting can this info be used by police and DA to have me charged. in michigan. There was no real victim just someone pretending to be underage

Brent T. Geers
Brent T. Geers answered on Apr 30, 2021

Possibly. There doesn't need to be a "real victim" to bring charges. Police do these stings all the time. You should be doubly cautious because there are groups out there that will attempt to extort you.

1 Answer | Asked in Criminal Law and Real Estate Law for Michigan on
Q: I think I have been emailed by a scammer he says he is an attorney from london england robert kaan

He says something about family heritage and a lawrence treloar who I have never heard of and they need a beneficiary to claim his assets and ect... He said he was a hemp oil business man. Who inherited the business from his mother kate treloar

Kenneth V Zichi
Kenneth V Zichi answered on Apr 23, 2021

If you THINK it’s a scammer it probably is. The best course of action is to ignore it.

This one is a bit craftier than most as it appears they have picked the name of a real barrister from Britain, but if it smells funny you can always ask that they mail you something documenting their...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Can you clarify a parole stipulation?

One of my special conditions of my parole states: "You must not apply for, possess or conduct any financial transactions by means of: a checking account, charge account, credit card, debit card, or other financial transaction device except a government-issued device in your name." What... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Looking at the terms of that condition, I can see where you could be confused. Best advice is to do exactly what you already did: seek clarification from your parole agent. Ultimately, they are the determining factor as to whether a violation occurs.

What I think that provision refers to,...
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