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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: How long in mi after being in jail do they have to do your pre-trial.

My boyfriend has been in jail since January and has seen his public defender once and has only had his arraignment no pre-trial date has been set it's a felony charge

Brent T. Geers
Brent T. Geers answered on Mar 31, 2020

Unless your boyfriend is pending a psych eval, he had to have had a preliminary exam or waived it by this point. And at this point, they would have had what in my county is called a status conference or pretrial conference. There could be a number of reasons why those may not have happened, or he... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can you film a member of the public if they are involved in a police incident?

This would be on public property.

Brent T. Geers
Brent T. Geers answered on Mar 26, 2020

Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can you tell me how long Elkhart indiana can hold my fiancé in jail with no probable cause for another county?

My fiancé was arrested in Elkhart Indiana for a warrant for cass county Michigan. He’s been in there for a week now without hearing anything. Hasn’t signed any papers or has not gone in front a judge. I feel like I’m getting the run around cuz nobody will tell me anything.

Brent T. Geers
Brent T. Geers answered on Mar 16, 2020

He probably has a hold and is pending extradition proceedings. If he waives, Indiana would give Michigan just a reasonable amount of time to come get him. If he fights extradition, he will be arraigned in Indiana where a bond will be set pending the extradition hearing process.

In most...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: What grounds does court have for conviction with felon with possession ,carrying concealed weapon and felon firearms

Basically is this worth trying to fight .was offered a plea ..or a trial ,not sure of it's worth fighting if case is lost facing 8yrs .This is not a first offense

Brent T. Geers
Brent T. Geers answered on Feb 27, 2020

I don't understand the question completely. Are you asking about the factual basis for each charge?

1) Felony in possession - possessed a firearm while legally unable to do so due to a prior felony without having your gun rights restored.

2) CCW - carrying a weapon concealed...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I have a disorderly charge in mahcomb county. I missed my court date because I was in jail in Ohio.

I called 41b they told me to plea by mail. Case number is 19-2811c. What is my best option

Brent T. Geers
Brent T. Geers answered on Feb 25, 2020

If you want to fight the charge and have a trial, you'll need to make your way to Macomb county and deal with the bench warrant that has been issued. If not, then what the court told you about plea by mail is probably a good option.

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Michigan on
Q: Looking for pro bono lawyer for friend that is already incarcerated. He has court appointed but he has not done a thing.

A cpl charges include possession of methamphetamine, stolen car, counterfeit money, I'm unsure of exact atm but can obtain the info

How can I help get him a lawyer that will actually help him?? He does have court date set for March 5th but I really think hes getting screwed by this... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 24, 2020

The best thing you can do to support your friend, short of hiring an attorney, is to manage his expectations. I get it that your friend doesn't think his court appointed attorney is doing anything, but depending on the facts of the case, he may be facing a situation where he either accepts the best... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: If you are parked in front of someone house, can the police pull up behind you no light or anything.

Question you on why you are parked there, and ask to search your car and u say no so they bring the dog and they claim the dog signaled them and start searching the car. Happen to find a gun under the seat but no drugs or anything else. Is this a legal search. What would be the probable cause to... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 24, 2020

I would suspect that the police were actively watching that house, and had a pretty good idea of who was coming and going, and for what reasons. At the very least there is reasonable suspicion, which would allow for a brief period of detainment. Without knowing more about the case, it's hard to... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My nephew (age 14) is being charged with 3 counts of 1st degree CSC against my son (10). Can I sue his parents?

Will there be restitution involved? Will they be required to pay his therapy bills in this case, or would I have to sue them?

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

All valid questions, and ones you should ask the victim's rights coordinator or prosecutor assigned to the case.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Is it illegal to refuse to give your i.d. to police if you haven't committed a crime in the state of Mi. When is it a c

Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan

Brent T. Geers
Brent T. Geers answered on Jan 31, 2020

You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.

As to the ski mask in public, walking down the street may not be an issue,...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I was assaulted over a year-and-a-half ago she was arrested I want to press charges they never followed up

Assaulted by my mother-in-law a year-and-a-half ago they didn't want to arrest her because she is 70 years old but they did after they made me take a breathalyzer not her they called me the next day to ask if I wanted to press charges I said I did it has been a year-and-a-half now and I've heard... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Prosecutors make the decision to press charges. Have you contacted the local prosecutor's office to determine the case status? They could have elected not to pursue charges for any number of reasons. Just because someone wants charges pressed doesn't mean that the prosecutor must do so.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is their relief due a criminal defendant sentenced contrary to law after sentence served?

Besides appeal of the sentence, assuming Michigan, where would I find information relating to this? What options are available?

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Yes, although highly limited.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a misdemeanor MIP in Michigan from 2003 be retroactively changed to a civil infraction now that it's decriminalized?

I was issued a misdemeanor citation for an MIP when I was 17. No court appearance, I just sent in my $80 fine. I didn't realize it was a misdemeanor and my parents were never notified. Now that a first offense MIP is only a civil infraction, can I have that offense changed to a civil infraction?... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

The short answer is no, but I would suggest working with a seasoned local criminal attorney who may be able to help y you navigate toward a solution here.

1 Answer | Asked in Criminal Law for Michigan on
Q: I am charged with CSC 4 th degree the accuser is 18+ years old girl The prosecutor offered me a deal of 5 years probati

And sex offender registration.

I do not have any criminal or other bad records .Is my registration public or private for law enforcement eyes only

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Your registration would be public. There is no private sex offender registry, which would be quite contrary to the intent of the registry.

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan can you be charge with Felon in Possesion if there is no firearm found during search?

Victim said he had a firearm, Defendant said he never had a firearm.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Yes you can. Your scenario presents a question of fact: did he or didn't he have a firearm. That's ultimately for a jury to determine at trial, by weighing the credibility of the two conflicting statements.

1 Answer | Asked in Criminal Law for Michigan on
Q: IF Alledged victim committed perjury under oath (pre-Lim). Should defendant file a Motion to dismiss.

Search Warrant Report, Police Report and the alledge victim testimony under oath Pre-Lim) are conflicting with each other.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

That's not going to work. The search warrant and police report are not evidence. Further, the victim did not make the search warrant report or police report (that was done by the police, albeit likely with information the victim provided). It is not uncommon for police reports to be inaccurate -... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Michigan on
Q: What to do about court fines and warrents.

I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »

Mark Bredow
Mark Bredow answered on Jan 13, 2020

Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an attorney and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Hello my question is Do you need a lawyer for an expungement in Wayne County MI? Is it something that can be done

I was eligible and filed the expungement papers with the courts sent them to the prosecutors and state police dept. Court date is coming up and was wondering if it’s something I can do on my own like go before the judge or should I hire a lawyer to show up? It’s 1felony/Felonious Assault

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

It never hurts to at least talk with a local attorney who might be able to give you guidance as to what your particular judge expects and prepare you for the hearing. Expungements are discretionary, meaning that just because you qualify doesn't mean that the judge has to grant it. And it will... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My brother was sentenced to 4-7 years he received a letter statement saying the court made a mistake in his sentencing

He is from michigan and needs to know if he needs attorney

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

Depends on what the letter says was the mistake. I would imagine it's a time computation error - essentially clerical in nature; in that case, an attorney is unnecessary. If the sentence is within the guidelines or within what was contemplated in the plea agreement, then that letter is more or less... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: If a cop gets behind you and doesn't flick his lights and you park and walk away is that a crime even with bad plates?
Mark Bredow
Mark Bredow answered on Nov 25, 2019

The crime appears to be that you were driving a car without proper registration. If the officer was following procedure, he ran the plate through his computer and the crime would be obvious. The officer could not have known about the lack of insurance. The offer need not turn on his lights for... Read more »

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