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Michigan Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Michigan on
Q: Does a juvenile probation officer have the right to enter my home for an unannounced home visit w/o a parent being home

My 15 year old son currently has a juvenile case. He has made all his probation appointments and is doing everything the probation officer had asked him to do. Twice now the probation officer has done an unannounced home visit and entered my house without me being home. Does he have the right to... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 1, 2020

Probably not best practice for a number of reasons, but I believe if your son is home, the probation officer can visit at any time. Remember, probation is a grace granted by the court as an alternate to jail - or in the case of juveniles, detention.

I would mention this and your concerns to...
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1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: am i allowed to buy alcohol while im 21 years old but haven't received my new license
Brent T. Geers
Brent T. Geers answered on Jun 9, 2020

Yes. Your current license has your birthdate on it, and so when they check it, they will know your age.

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Michigan on
Q: Can a 12 year old boy be represented in the court by someone that’s 15 years old even if there is a legal attorney?

Even if the 12 year old has an attorney can the 15 year old boy be the main representative but under the guidance of an attorney?

This is not a true scenario but for the future is any of this possible? Also the 15 year old boy would know about the laws and know the rights, crimes, possible... Read more »

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

No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: I have a question. I live in Michigan and I am 35. I was barely talking to a 17 year old. Can I get into trouble
Brent T. Geers
Brent T. Geers answered on Apr 6, 2020

I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.

What seems...
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1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What could I do if a court came to a conclusion without a trial?

My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 15, 2019

Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?

1 Answer | Asked in Juvenile Law and Probate for Michigan on
Q: Im 18 and on probation in Michigan and I’m dating a 16 year old girl. Is this illegal?
Trent Harris
Trent Harris answered on Nov 5, 2019

It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could... Read more »

1 Answer | Asked in Juvenile Law for Michigan on
Q: My 17 year old daughter was on camera at school she pushed her 16 year old boyfriend can she be arrested

They were arguing and he got in her face they are still seeing each other

Kyle J. Bristow
Kyle J. Bristow answered on Nov 4, 2019

She can be charged with assault or domestic violence.

Your daughter should not talk about the situation with anyone and she should consult with a criminal defense attorney if she believes that she may be charged with a crime.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: Can an adult above the age of 21 be charged for 2nd degree sexual assault that they committed it at age 16 in Michigan?
Brent T. Geers
Brent T. Geers answered on Nov 2, 2019

Yes. The relevant statute of limitations is what is important.

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
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...
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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
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... 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
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
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... 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... Read more »

Brent T. Geers
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... 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
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
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
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... 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... Read more »

Jasmine D. Rippy
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
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
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... 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... Read more »

Brent T. Geers
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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