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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: what is a probable cause conference
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: Is it possible to get a restitution charge dismissed due to ineffective counsel??

I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would... Read more »

Dana B. Carron
Dana B. Carron
answered on Mar 20, 2023

You would need to successfully appeal and withdraw your plea first. That would remove the restitution.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Injured from a gunshot wound/stray bullet fired at my house with and I had no criminal involvement.Do I need an attorney

My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2023

You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... Read more »

1 Answer | Asked in Libel & Slander and Criminal Law for Michigan on
Q: How do I remove harmful stuff on me when it was expunged from my record? It is killing my chance at every job I take.

An expunged record should not be for all to be viewed.

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2023

Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Will I be drug tested at a bond hearing for an assault charge?
Brent T. Geers
Brent T. Geers
answered on Mar 9, 2023

It's possible.

1 Answer | Asked in Criminal Law for Michigan on
Q: Do I have to be present for my attorney to ask for a adjournment
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2023

It's hard to say; depends on where you're at in the case, what the hearing is about, and how far in advance are you asking for an adjournment. Generally, in criminal matters, you are expected to be present for all scheduled court hearings.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: Is it legal for someone who isnt an employee at a restaurant to open up someone elses bill and look at their receipt?
Brent T. Geers
Brent T. Geers
answered on Feb 26, 2023

Probably not illegal or unlawful, but certainly not good social graces. The question for you, though, is why care if someone else bothers to look as long as they're not doing so to steal your information.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: How long can the police take to test a drug found in a traffic stop? Is 1yr and 10mo legal between collection and test?

.76 grams of meth which is way less than the 8 grams they originally claimed she had.

Dana B. Carron
Dana B. Carron
answered on Feb 13, 2023

I am not aware of any law that limits the amount of time they have to test it. However, the lengthy delay could be part of a good argument that you could make that the result is not reliable.

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1 Answer | Asked in Criminal Law for Michigan on
Q: If my EX's BF threatens me in front of my child, and I file a police report for light assault. Would CPS get involved

This is not his first time intimidating and making threats in front of my kiddos. In this case, he invaded our personal space within 2-3 feet behind my son (age 12) and I. I asked (politely) if he could give us more space, he took a step closer and said "It's a free country". Then... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 9, 2023

If you allege this happened in front of the children, the police *should* be making a CPS referral as part of the reporting process.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: If the Michigan Court of Appeals sends a criminal case back to the lower court for a new trial

and the person is found guilty again, does the original sentence continue or will there be new sentencing?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: During a criminal Appeal in Michigan, can the fact that expert testimony was not called by the defenseor the fact that

some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... Read more »

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2 Answers | Asked in Criminal Law for Michigan on
Q: Can you impeach a Detective that lied 4 times durning the grand jury . Actually have proof!
John Michael Frick
John Michael Frick
answered on Feb 8, 2023

There is no cross examination in grand jury proceedings.

But, if he testifies at trial, an experienced competent criminal defense attorney can impeach him if you have admissible proof that he lied

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1 Answer | Asked in Criminal Law for Michigan on
Q: What if I called the court on the 30th to ask him if I can go ahead and do zoom on the 31st for my court date

I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward....
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1 Answer | Asked in Criminal Law for Michigan on
Q: Is a cease and desist warranted for someone who is attempting to blackmail you?

Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question pertaining to law enforcement surveillances What rights does the subject have regarding privacy?

Subject has not committed or been charged with any infractions or violation. Noticed drone tracking

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Lots of questions before there can be any answers. 1) how do you know the drone is tracking you? Generally speaking, even if the drone is tracking you - presumably from the air - you don't have a privacy right walking or driving down the street. Things get trickier if a drone is hovering close... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Someone else drove my car and made I'd home before police officers had it tow from private property

I spent 10 days in jail for warrent at $45 dollars a day impound fee $243 to tow my car a minute away and face hard times without a car as it is my only means to work it's still in the impound and by now don't know if I have a car

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

What is your question? Sometimes the impound people will agree to waive or reduce the fees to allow you to get the car out, but otherwise, your car is staying there until the fees are paid.

1 Answer | Asked in Criminal Law and Identity Theft for Michigan on
Q: What are the charges for Attempted identiy theft in Michigan. Is it considered a felony or a misdemeanor or what?

What's the outcome of relieving this charge

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

Not sure what the circumstances are you're asking about. But if you are a victim, your first call should be to the police. They, in conjunction with the prosecutor, will determine what charges are appropriate.

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