Lawyers, Answer Questions  & Get Points Log In
Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: I have 6 warrants in 6 different cities ranging from possession warrants to paraphernalia warrants to a retail fraud

That isn't true and I was in a sting for prostitution, and not showing up for court but couldn't because I was being held in a physciatric hospital and couldn't leave what's the best way to handle this?

Brent T. Geers
Brent T. Geers answered on Sep 27, 2021

The best way to handle this would be to hire an attorney and let him or her walk you through the process. You need to address each warrant. They will not just go away on their own. Failing to appear in court, even if held in a hospital, is still something you will need to answer to. You may have a... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Hi, I am an investigator working on a wrongful conviction claim for two co-defendents in Wayne County MI.

After multiple FOIA requests and calling in some favors, it has been determined that their files and/or any paperwork from their case no longer exist. Do you know anything about filing a motion to dismiss their cases based on the fact that they cannot work on appeals or revisiting evidence etc.... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

What exactly are you looking for? I would find it unlikely / hard to believe that at least transcripts no longer exist.

I'm assuming the time for direct appeals has long passed. When you go to trial and lose, you have a right to appeal, but that applies to direct appeals. Time is of...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

Brent T. Geers
Brent T. Geers answered on Sep 20, 2021

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Criminal Law for Michigan on
Q: How can a PPO NEGATIVELY affect someone on probation?

y question is if I set up a PPO against someone that has harassing me and physically assaulted someone in my house that is on probation. How would it affect the person that is on probation? Especially if the probation is to stay away from police contact. The reason why I’m asking is the aggressor... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

This is a tough question to answer because the correct answer depends on a lot of variables that we cannot anticipate - in the case of assault, who is the aggressor and the attacker sometimes comes down to credibility and is rarely clear cut. Generally, just because someone is on probation... Read more »

3 Answers | Asked in Criminal Law and Education Law for Michigan on
Q: Can I press charges against our board of education and have them criminally prosecuted under this statue? MCL 380.1307b
Michael Zamzow
Michael Zamzow answered on Sep 17, 2021

Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.

View More Answers

2 Answers | Asked in Criminal Law for Michigan on
Q: Can a circuit court judge rule if his term is expired? I can't find anything anywhere on st. Joseph County Michigan.

My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.

Dana B. Carron
Dana B. Carron answered on Sep 10, 2021

There are ways to allow a judge to rule after his term expires. You can however certainly appeal the length of the sentence given as being excessive under the specific facts of your son's case.

View More Answers

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a prosecutor charge someone in a completely different district, than which the crime was originally reported in?

Does a prosecutor have the legal authority to charge someone in a different district, at a different court, and issue an arrest warrant at a different jail than which the crime was originally reported in? I was charged with a misdemeanor crime, the person reported me in one district at a certain... Read more »

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

Venue is what's considered here. And that's mostly dependent on where the crime actually occurred; not where it was reported. Prosecutor, though, has the burden of showing venue is proper. I have seen cases simply transferred when venue is an issue. If everything is in the same county,... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Michigan on
Q: How do I sue a county?

I was hit in the head with a wooden baseball bat and no one was held responsible even though I know who did it. I almost lost my life

Brent T. Geers
Brent T. Geers answered on Sep 5, 2021

What is your theory that the county government is responsible for an individual's potentially criminal actions? You also need to consider that police and prosecutors have qualified immunity for their actions.

A more effective route to consider might be suing the person you claim hit you.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Environmental for Michigan on
Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu

have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 3, 2021

You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.),... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: If someone is on your property and they won't leave what can you do legally?

I was sitting in my car not far from my house waiting on a lyft pickup..neighbor pulls up beside me and tells me I cannot park there so she starts cussing me and then pulls up on my husband and has her tires on my property and would not leave..is it a crime to park on a street?now my husband is... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 3, 2021

With the facts you presented: no, it is not illegal to park on the public street so long as there are no signs or obstacles to the contrary.

I cannot imagine how your husband is facing a felony charge from the incident as you describe it. There has to be more to the story, and hopefully you...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: i was stopped for alleged speeding 48 in a 35. was told if everything checked out i would recieve a verbal warning.

he gave me a verbal warning then said his dog hit on my truck which i did not consent to but i know he did not call us in cause my plates were 2 months expired not to mention when he ran mine and my wifes license he said we were clear in michigan not knowing my wife had a wisconsin dl. an empty... Read more »

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

You need a criminal defense attorney now. These situations are fact dependent. It sounds like there was a valid stop. An attorney might want to know how long you were stopped before the dog came out. And there are some interesting cases regarding what can happen when a dog "hits" on a... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm charge with unlawful use of a moter vehicle my daughter gave me permission to use it and it was stolen from me how c

How can I be charged

Brent T. Geers
Brent T. Geers answered on Aug 25, 2021

This may sound stupid and harkens to the age-old computer advice to make sure you turned power on: did your daughter have ownership or authority over the vehicle sufficient to give you permission to use it? In other words, who owned the vehicle? If she doesn't, then she can't give you... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: after going to prelimanary hearing how many days before status confrence is held
Brent T. Geers
Brent T. Geers answered on Aug 25, 2021

Traditionally 42 days. These days? Could be more or less than 42 days. If you are not in custody, your case may proceed slower than those who are in custody.

A status conference is not something you want to rush into. All it is is a conference to determine whether you will plea or go to...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: on parole and arrested but not charged can you be held in violation if the same crime?

If a person on parole was arrested for a crime, and the case dismissed in prelims, meaning he was never formally charged with that crime, can he be held in violation of that same crime. Even though he was never actually charged let alone found guilty of it?

Brent T. Geers
Brent T. Geers answered on Aug 23, 2021

Possible. A parole violation doesn't require criminal charges or a finding of guilt.

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I was picking up my sister for my dad and my mom called the cops on me for trespassing.

I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My husband was arrested for a warrant from florida. The judge has giving Florida 20 to pick him up. If not what happens?
Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Interstate extradition is complex. But if what your husband is accused of doing in Florida is serious enough to trigger a nationwide warrant, you should expect Florida will carry through and extradite him. There are many exceptions to the timeline, so don't think that if he sits for 20 days... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Communications Law and Constitutional Law for Michigan on
Q: Is it always a federal crime to threaten someone online or through phone, even if the person or thing being threatened

is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?

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

Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.

1 Answer | Asked in Criminal Law for Michigan on
Q: The parole board wanted to wait and see what Michigan was gone do with him first then they will make they decision.

Hello everyone ☝

Dana B. Carron
Dana B. Carron answered on Aug 9, 2021

You seem to be answering a question in the wrong place. Apparently you should have answered directly to the attorney that asked the question.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: My 26 year old son has been incarcerated 7 + years his minimun was served 9-2020. We need a tough appeletic Attorney

Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: How can i help with hurrying up my daughter case in court what papers can i file for a case evaluation.

She has been in a mental health facility 2 yrs now and i know its been too long. The place is not helping her at all actually she has gotten worse since being there. With alot of different meds they have had her on. I told them shes became immune to them an they should do a wash. Meaning get them... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

There is nothing you can do to move the case forward faster. You can, perhaps, help her attorney do so. Her attorney is the only person the court will accept filings from. The Forensic Center is probably not inclined to take directives from you or the attorney.

Keep in mind that under...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.