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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I got change with A&B in Montcalm and have to take class for a sas mrt it is for drugs when I didn't get busted

And I am on probation for 24m and I get SSI and they try to say I have to get a job when it court order

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

Often, terms of probation will include substance abuse or mental health treatment even if not a part of the sentencing offense. The rationale is that even if you didn't get busted for drugs, substance abuse probably played a role in the assault.

An alternative to an employment...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have an arraignment tomorrow morning for a charge I was never arrested and charged for.

I have an arraignment tomorrow morning for a charge I was never arrested and charged for. I am being accused of bailing someone out of jail with conterfeit money. I have NO IDEA if this is true or not, to my knowledge I paid with real cash!! How stupid would I possibly be?! I had no clue. The... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

All you can do is go through the process at this point. The prosecution will need to show that you knew or should have known the money was fake. If what you're saying is true, I think you have a compelling case to make to a jury.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: trying to fill out my appeal how do i find my judges bar number if my lawyer wont help me?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: them my constitutional rights have been violated because my arraignment on information was waived without my knowledge

I am in jail

them my constitutional rights have been violated because my arraignment on information was waived without my knowledge. I nevere agreed on or off the record to waive my arraignment on information. I have nothing on paper with my signature or anything being waived on any court... Read more »

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

One of two things happened at your prelim: either 1) you did waive circuit court arraignment, or 2) the district court judge arraigned you on the information - possibly because you refused to waive. If either of those two situations did not occur, as you are saying, then the remedy is for you to be... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: how can i get my discovery packet if my lawyer wont give it to me? he took my money and wont help me what so ever.

i need the discovery packet to file my appeal.

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

First, there is no such thing as a "discovery packet". When people use that term, they are generally referring to the police report, and perhaps fingerprints, DNA, etc. The police report itself is not evidence. But in some cases, that may be the only thing in the "discovery... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: does a piece of mail legally establish residency ?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

It can, especially if that mail is a utility bill.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

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

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: if a detective contacts you from there personal cell phone to try and get you to sell drugs for them is that entrapment?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

No. Entrapment is when you are compelled to do a criminal act you weren't predisposed to doing. If you are otherwise predisposed to selling drugs (e.g. you have a history or are a known drug dealer), then the police can lie, cheat, or do whatever else to catch you selling drugs again.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiance got arrested today for having my printed prescription in his wallet that I asked him to carry for me for work.

I put the prescription in his wallet as I do not carry a purse and we work together all over the state of Mi. and that was the safest place for me to put it. So he got pulled over 2 months ago and they found it and let him go now today the cop came and arrested him for a felony for having my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

A comprehensive answer would depend on why he was pulled over to begin with. You could contact the prosecutor's office and show them that the prescription is legit and how or why you asked him to carry it.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have ex girlfriend she won't leave she I'd taking my personal property constantly fighting what can I do

I have video recordings Because I feel threatened

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

In addition to having an ex girlfriend, you also have a tenant. You may need to formally evict her. If you are feeling threatened, you could look into getting a personal protection order.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: A warrant for failure to appear and the case is dismissed for lack of progress - is this with or without predujice?

offense date-09/07/2013; Domestic Violence, misdemeanor first offense; bond set, failed to appear, fines imposed, case taken off docket.

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

I hesitate about the notation "fines imposed"; that implies there is some sort of disposition on the merits. You really need to contact that court to figure out what is outstanding so you're not surprised in the future. These minor cases have a way of popping up when you least expect... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: I was convicted of “misdemeanor aggravated assault” on 7/31/2014. When will I be able to purchase a firearm?

Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2022

You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.

1 Answer | Asked in Criminal Law for Michigan on
Q: My 18 year old daughter is being supplied alcohol from her 30 something year old boyfriend. I have texts stating he has.

I have video proof she has posted on her social media and pics she has also posted (from her home). The police have been called, they didn't file a report on the man, they filed a report on my daughter as a welfare check. What can I do legally?

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

With your daughter being 18, not a whole lot more you can do. The relationship issues you will need to work through are more profound and nuanced than any legal issue present.

1 Answer | Asked in Criminal Law for Michigan on
Q: After me filing in the circuit court; how do I update my address change being the court will not entertain the idea?
Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

Every circuit court has a different procedure, but generally address changes can be made directly with the circuit court clerk's office.

1 Answer | Asked in Criminal Law for Michigan on
Q: My14-year-old daughter assaulted another student at school And broke her nose & it’s on video should I get a lawyer?

My14-year-old daughter assaulted another student at school And broke her nose & it’s on video.

But the student was harassing my daughter first. The parents pressed charges count1 aggravated assault count 2 assault and battery. My daughter is A straight a student never have been in... Read more »

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

Yes, you should get a lawyer for your daughter. Otherwise, one may be appointed for her. Juvenile charges can have serious consequences for your daughter's future.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Michigan on
Q: I need to know how to go about reporting child abuse

It is extreme mental emotional and phycological abuse, as well as neglect.

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

Call Child Protective Services.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: His wife didn’t call 911 or even for help nor can she remember what happened and her mother did a lot of illegal things

n: My brother was accused of domestic violence against his wife he recorded the entire fight they had up until the point where he left the house. She was drinking and actually assaulted him multiple times physically with a vaccum tube. An article was published in the local newspaper stating he had... Read more »

Brent T. Geers
Brent T. Geers
answered on May 24, 2022

How did the police become involved? It is possible for both people to be charged with domestic violence. Whether the video will help him depends on the entirety of the situation; the problem with video is that it only shows a moment in time. If I pummel you, then turn on my video just as you are... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Police officer lied on his report body cam footage is proof.I was charged with the crime.

I was the passenger of a car the driver had drugs in center console with her wallet in top .console lid closed clearly her stuff.The officer said in his report there was a dollar folded with drugs inside he claimed was found closer to my side of car .Video showed it's not within my reach its... Read more »

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

First off, nothing's been shown about anything until you have the preliminary exam. Second, it's to your benefit that your attorney isn't rushing into things guns blazing; time is always on the defendant's side. And think of it this way, your attorney has no financial incentive... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: What does it mean when a criminal case is deposed?

It says deposed on a guilty plee

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

It means just that: the criminal case ended because the defendant said "I did it", eliminating the need for a trial.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... Read more »

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

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

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