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Michigan Juvenile Law Questions & Answers

1 Answer | Asked in Family Law and Juvenile Law for Michigan on

Q: My 18th birthday is 9 days away, and I was wondering if I could leave home early? Would I be returned home? In Michigan?

Kenneth V Zichi answered on Jun 19, 2019

LEGALLY you aren't an adult until your 18th birthday.

PRACTICALLY a week is a pretty darn short time for you to be 'found' and returned home, and conversely a pretty darn short time to wait for you to 'make your move'.

Before you do anything however, it behooves you to look more...
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1 Answer | Asked in Domestic Violence and Juvenile Law for Michigan on

Q: I live in Michigan. I was arrested for domestic violence. I had a fight with my brother that went a little too far.

I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?

Brent T. Geers answered on Jun 13, 2019

The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that you've been... Read more »

1 Answer | Asked in Domestic Violence, Juvenile Law and Small Claims for Michigan on

Q: Can I be prosecuted?

After the fight, her mother filed a police report against me and they said the other young lady had a knot on her head. Can I possibly go to jail? I am 17 and a Junior in high school.

Jeffrey Buehner answered on May 10, 2019

If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on

Q: If a child is on probation, can the school teachers contact (via phone, email, messaging) their probation office?

Brent T. Geers answered on May 9, 2019

Good question. There probably is some interplay regarding what is protected information under FERPA and to whom. I do know that as a ward of the court (which a juvenile is while on probation), a probation officer has a lot of leeway into the child's life, and so I do believe the probation officer... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on

Q: I'm 17 my parents want to put a restraining order on my boyfriend he's 19, he has done nothing wrong, can they do that?

Also this is in Michigan so this could be different in other states. My parents just don't like him because of rumors that are not true. They have no evidence at all, just gossip. What can I do? I also read that I can "run away" at 17 and the cops can't force me to go home. Is this true? It seems a... Read more »

Brent T. Geers answered on May 6, 2019

This scenario falls under what I call the "my house, my rules" law. When you are under 18, and when you live in your parents' house, parents can do what they feel necessary to ensure your general welfare. This includes using any legal means to keep you away from what they believe to be a bad... Read more »

1 Answer | Asked in Business Law, Consumer Law, Contracts and Juvenile Law for Michigan on

Q: Has the law been altered as of 2019?

I’m 15 and a tattoo artist told me that it’s the law that I have to be 16 to get a tattoo in Michigan.

Trent Harris answered on Apr 13, 2019

There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.

Here is a link to Michigan’s law on tattooing minors....
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1 Answer | Asked in Family Law, Collections and Juvenile Law for Michigan on

Q: Can you be charged for a lawyer that you never used, hired, talked to or had a meeting with?

When I was 13 I was falsely accused of hitting a swan with a 2×4 board. DNR took it to get X-rays done and nothing was wrong with it. I finally received my papers saying I had to go in front of the referee. When I went my mom repersented me in court and the referee told me if I completed my... Read more »

Trent Harris answered on Dec 13, 2018

Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the... Read more »

1 Answer | Asked in Juvenile Law for Michigan on

Q: How can the court tell a parent they can not home school there child

Brent T. Geers answered on Oct 15, 2018

Courts make decisions concerning minor children based on the 12 Best Interest of the Child factors. If a court determines that a parent's home school plan is contrary to the child's best interest, it can order the parents to place the child in a different educational environment. In the case where... Read more »

1 Answer | Asked in Juvenile Law, Criminal Law and Civil Rights for Michigan on

Q: How can this happen?? 26 yr old husband arrested on juvenile warrant

I'm going to put as much detail here as possible my 26 year old husband was arrested on a juvenile contempt warrant last night in St Clair county Michigan. We are so confused on what is going on and the police won't tell us anything except that the warrant is from 2012, but he has been in jail... Read more »

Jasmine D. Rippy answered on Aug 8, 2018

People are charged with contempt when they fail to comply with a court order. The court can give you info on exactly why he’s being charged with contempt.

1 Answer | Asked in Juvenile Law and Criminal Law for Michigan on

Q: Hi, I am a 19yr old living in Michigan. I am dating a 16yr old girl. Michigan’s consent age is 16, but nudes aren’t?

Brent T. Geers answered on Dec 29, 2017

You are walking on thin ice that is cracking under your feet. Exchanging nude pictures exposes you and your girlfriend to criminal charges - it is child pornography. Sex and taking nude pictures are two different things. With pictures, the (young) person loses control over the images whereas with... Read more »

1 Answer | Asked in Federal Crimes, Domestic Violence and Juvenile Law for Michigan on

Q: If a 17 year old male beat up a 14 year old female, what charges would he receive?

Brent T. Geers answered on Nov 6, 2017

Any charges issued are in the discretion of the local prosecutor's office. Likely, he could be charged with assault. If the female is his sister, other relative, or for whatever reason lives in the same household, then he could be charged with domestic violence. Other charges are possible depending... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law, Sexual Harassment and Small Claims for Michigan on

Q: Can a teacher engage in a relationship with a student after they have graduated?

I got into a debate about this. My friend said that within the state of Michigan, that's where I live, a teacher may not engage a student for about a year or two after they have graduated. When I ask about teacher student relations. I'm not just talking about high school teachers. Lets say a... Read more »

Brent T. Geers answered on Oct 30, 2017

The answer to your question is subject to much debate. From the teacher's perspective, assuming that the student is then over the age of 18, he or she may find that being involved with a former student has career implications if not legal problems.

It is true that under Michigan law, a...
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1 Answer | Asked in Juvenile Law for Michigan on

Q: I am 18 years old and got kicked out of my house. If police escort me to my house, what items do I have a right to get?

What items can I legally retrieve? For example, things my parents have bought me as gifts, clothing, things others have bought me as gifts, etc.

Brent T. Geers answered on Oct 1, 2017

What you're entitled to retrieve versus what the police and your parents will allow you to retrieve quite likely will be different. Police are not in the business of sitting around mediating. I would not expect to retrieve more than a few bags of clothes within the 10 or so minutes the police will... Read more »

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Michigan on

Q: I am 17 and will be 18 in march of 18. my girlfriend's 14, then 15 in Nov. of 18. At any time can we have any form sex?

My Birthday: March of 2000

Her Birthday: November of 2003

Brent T. Geers answered on Aug 30, 2017

DO NOT DO IT! You trying to split hairs about ages and birth dates will get you clubbed over the head by the long arm of the law if you two do engage in sex while she is under age 16. You are about to be 18. But you don't need to wait until then to find yourself facing a real adult prison sentence.... Read more »

1 Answer | Asked in Juvenile Law for Michigan on

Q: My son is currently on juvenile probation and would like to live with his dad in a different county...what can we do?

He is currently on consent calendar. When we spoke with his juvenile probation officer he said that we needed to have FOC change custody in order to have my son released to his dad and that he would be violating his probation if he were to live in another county. I have checked his court order and... Read more »

Brent T. Geers answered on Aug 30, 2017

For the best advice, we'd need to know the terms of any existing custody order. Has there been one? If not, then only you are a "parent" for juvenile placement purposes. Even if you do, a proper juvenile placement with dad would mean that he would need to have a court order giving him primary... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Michigan on

Q: Is parent with visitation supposed to provide a separate bedroom in their home to be kept for only when child visits?

My partner is from Michigan but lives in Ohio. We have a 3 bedroom home and a 3 year old daughter. Our spare room is an office/playroom because my job requires me to have my own personal work space (I do billing and data entry from home 25-32 hours a week). Since my daughter is 3 it is half a play... Read more »

Brent T. Geers answered on Aug 25, 2017

The child needs a suitable place to sleep. Whether the office / spare room is suitable is a question of fact. From what you're telling us, and unless the parenting time order specifies something, I don't see how your setup would be "illegal".

1 Answer | Asked in Family Law and Juvenile Law for Michigan on

Q: My son is turning 18 in a month. His girlfriend is 17. Can I legally protect him from her crazy mother once he is 18?

I just don't want her mother to file any charges against him once he turns 18. She is fine with their relationship but has a tendency of being dramatic when she's mad.

Neil Colman answered on Jul 20, 2017

The simple answer is NO

1 Answer | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Michigan on

Q: 16yrold was in a trafficaccident an got a OUI.He did smoke pot 6hrs before.Had to give blood.How longbefore I get charge

Bay County, Mi

Neil Colman answered on Jul 17, 2017

As soon as the blood test results are back.

1 Answer | Asked in Family Law and Juvenile Law for Michigan on

Q: In the state of Michigan how old do you have to be to legally move out without parent consent

Neil Colman answered on May 17, 2017

18 years of age, but one can file for emancipation before 18. Consult an attorney for info concerning emancipation, or google search the term.

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for Michigan on

Q: Can an 18 year old Marine get in trouble for getting both a 17 year old and 16 year old pregnant?

He was engaged to the 17 year old, and cheated on her not knowin she was pregnant. When she was 4 1/2 weeks along, he found out about her being pregnant and dumped me. He leaves for the Marines October 11th, could he potentially get kicked out of the Marines if I report him/ get in legal trouble if... Read more »

Paul Stanko answered on Oct 9, 2016

So you want to get him in trouble out of revenge? That vindictiveness is short-sighted. How will he support his two illegitimate children without a job?

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