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Michigan Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes for Michigan on
Q: Can a person who had 2 prior felonies that are from 1993 & 2008 own/carry a weapon
Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Not without having "gun rights" restored by a court.

1 Answer | Asked in Federal Crimes for Michigan on
Q: I'm charged with delivery of meth and that happened last year in April 2 grams, first offense, will I go to prison?
Brent T. Geers
Brent T. Geers answered on Aug 25, 2020

Hard to say. The sentencing guidelines for delivery of meth are high, so it's possible.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: Hello, I have a question regarding Identity Theft; and jurisdiction.

My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 5, 2020

Not sure with the facts given, but I would suspect venue may be proper in Monroe if that's where your mother in law lives and it's alleged that's where you obtained her identifying information.

1 Answer | Asked in Federal Crimes for Michigan on
Q: What are the chances of leniency on a 4th degree felony of fleeing, first offense and with mental health issues

My best friend got arrested for fleeing from a police officer after they did a stop for a traffic violation. She was having a mental health episode triggered by seeing the police officer walking towards her car. She was arrested eventually after her car tires were taken out and she drove onto a... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 6, 2020

By the facts presented, it sounds like she already caught a break by being charged with the least degree of fleeing and eluding (4th degree). Chances are her attorney may be able to negotiate further. A treatment court (mental health or veterans) may be an option as well, which would greatly... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the shortest amount of time a inmate has to serve on a 120 month federal sentence? he has almost two years in?

My boyfriend was sentenced sept 2019 and had already been detained since august 2018 his release date has changed from the one listed on bop.gov and it doesn’t include halfway house or home confinement what is the minimum amount of time he will actually have to serve in the bop system if he stays... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

Way too many moving parts in the federal system to give a concise answer here. Best guess is some amount of time less than 120 months. Your boyfriend will get the best answer from his counselor.

1 Answer | Asked in Federal Crimes for Michigan on
Q: What is the process of getting a motion filed for a federal prisoner to be released due to the covid 19 situation?
Brent T. Geers
Brent T. Geers answered on May 22, 2020

You will really want to get with an attorney who practices in federal court. I would also suggest contacting the person's prior attorney or the federal defenders office.

Just don't get your hopes up. If the person is not close to completing the sentence, or is otherwise healthy...
Read more »

1 Answer | Asked in Federal Crimes and Libel & Slander for Michigan on
Q: Is it a crime to file 2yrs of false police reports that lead to a wasted swat team response.

these people broke thru her door body slammed her, attacked her daughter,( that has a broken back) grabbed her phone from her hand, proceeded again an attempt to steal from her checking account and credit cards. also other attacks not reported. She is 80 yrs and sharp mind. they are her son... Read more »

Brent T. Geers
Brent T. Geers answered on May 7, 2020

If investigation reveals that the crime of making a false police report happened, the prosecutor will charge the responsible person or persons. Prosecutors make charging decisions. If there is concern about police actions, the first step would be to file a complaint with the responding police... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I know has been accused of touching a child.Shes 18 now and is making these allegations.How can he clear himself

A friend of mine has been accused of inappropriately touching a young child when she was six, that's what shes saying. She is 17 or 18 now. My friend is very upset and is wrongfully accused. Can he take her to court to get his name cleared? If so what steps should he go about this?

Brent T. Geers
Brent T. Geers answered on May 4, 2020

Depending on the allegations and to whom she is making these claims, this could result in serious criminal charges against your friend. If it were me, I'd keep silent about the allegations. And if he is contacted by law enforcement, definitely get a lawyer before speaking with them.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I want to live with has a felony in another state that happened 30yrs ago. I am a gun owner can we live together

My gun is kept in a safe that they do not have access to.

Brent T. Geers
Brent T. Geers answered on Apr 2, 2020

Not a wise idea. However, he may be eligible for restoration of his gun rights - thus alleviating the problem. He should consult with a local attorney versed in that to determine whether he is eligible and go through the process before you two move in together.

1 Answer | Asked in Federal Crimes and Traffic Tickets for Michigan on
Q: My son got pulled over and ticketed for no insurance. Is he going to get jail time ?

My son bought a truck in Wisconsin. He was under the impression from the man that it'd b fine 2 drive the truck home 2 Michigan from Wisconsin.& then insure & register it. Well he got pulled over on the way home. He got a ticket 4 no registrarion & no insurance. They marked the... Read more »

Frank B. Ford
Frank B. Ford answered on Mar 10, 2020

I doubt that he is going to get jail time. He needs to fully explain the circumstances of the incident when he sees the prosecutor and the judge. He should have a dated receipt for buying the truck, to show he had just bought the vehicle. He should have photos of it in its disassembled... 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, Appeals / Appellate Law and Federal Crimes for Michigan on
Q: Is it to late?

My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Sorry

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Federal Crimes for Michigan on
Q: What to do when you're involved in hate crimes..Racially motivated..Neighbors destroying your property and stealing, etc
Kenneth V Zichi
Kenneth V Zichi answered on Jul 15, 2019

If you are the victim of ANY crime you should contact the police and make a report.

If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: So if the police have a search warrant for crack at my house and they come N find that n other can they seize it and

Charge me with the other stuff?

Brent T. Geers
Brent T. Geers answered on Apr 1, 2019

Depending on what it is they found, possibly. The search warrant likely authorized the cops to enter the house looking for drugs. But once inside, if they happen upon a machine gun or heroine on the coffee table, they obviously arent' going to ignore it.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: My fiance is a federal prisoner awaiting sentencing in Michigan Eastern District Federal Court. This is a Criminal case.

Right now shes at 1475 days from indictment and 780 days since initial sentencing date. Her sentencing has been reset 5 times and now the prosecution is asking for a further delay of at least 90 days since the lead prosecution attorney has quit and the case has still not gone to trial due one co... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 18, 2019

It would sound as though your fiance will be credited with all this time once she is finally sentenced. Because she is not yet in the BOP (she is in pretrial detention), she will not have access to many programs. Once she is at a home facility, she may be prioritized for programing based on her... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: How long can you be held in jail without being proven guilty?

My boyfriend is being charged with receiving and concealing a stolen firearm, and was arrested in June, and finally has a preliminary exam in December.

Brent T. Geers
Brent T. Geers answered on Nov 6, 2018

This is actually a fairly complex area of the law. Generally, your boyfriend could push for a personal recognizance bond after six months, but the judge can then simply state reasons on the record why bond should remain and in what amount. The long and short of it is that there's really no set... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Is there a criminal attorney that can help me and take payments???

I need help

Tim Akpinar
Tim Akpinar answered on Nov 3, 2018

A attorney who practices criminal law might have a better chance of picking up your question and providing meaningful input if you reposted with a little more information. People posting questions don't identify themselves, but they describe the nature of their matter.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Medical Malpractice and Federal Crimes for Michigan on
Q: What are the MI state and Fed laws for transporting and delivering prescription medications?

I work for a company that transports medications to medical facilities. We are now being asked to, as drivers, to sign narcotic manifests, confirming that specific narcotics were delivered to said facility if said facility requests that the driver signs. This would require that the drivers handle... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 28, 2018

Your situation is much too complicated to answer here as it involves drug laws and likely interstate commerce issues. It would seem that your employer is attempting to shore up the chain of custody, which they may very well be required to do by any number of state and federal regulations pertaining... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Domestic Violence for Michigan on
Q: If a father and son get into a argument and end up in a minor fight and neither press charges what happens

Cops said the case would be submitted to a prosecutor and the father already has numerous demostic violence offences on his record and a assault on the same son a few years prior... note that there where no serious injurys

Jasmine D. Rippy
Jasmine D. Rippy answered on Aug 8, 2018

If police responded to the incident, they submitted a report to the prosecutor who decides whether or not to bring forth charges based on the evidence presented to him or her. There doesn’t have to be injuries for someone to be charged with assault or domestic violence.

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: My child is 13, he stole my bank card and bought a semi-auto bb gun off of amazon. What can he be charged with

I want him to see some juvie/jail time not just fines. Because he needs a wake up call not a coffin or future prison record. Any charges for the semi-auto bb handgun

Jasmine D. Rippy
Jasmine D. Rippy answered on Apr 17, 2018

If you report your son to police, he could be charged with illegal use of a financial transaction device, which is a felony. Because he used the card online, he could also be charged with using the internet or a computer to commit a crime, which in this case would be a felony because the... Read more »

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