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Michigan Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: is there any way to suspend my drug and alcohol testing during the self quarantine order in my county?

It was DWLS charge. I recieved a 30 day sentence which i served from march 12th to april 2nd. i was recommended to do a 14 day quarantine upon release and where i live we have a self quarantine oder. i have a wife and 3 children, one of them only being 11 months old. I should also mention that I... Read more »

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

Talk with your probation officer. Unless told otherwise by that person or a judge, you are obligated to comply with all terms and conditions of your probation order.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Certification Regarding Domestic Support Obligations

I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... Read more »

Timothy Denison
Timothy Denison answered on Apr 3, 2020

Check with your bankruptcy attorney but you should not have to take any action nor should it hold up your discharge.

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 Contracts and Real Estate Law for Michigan on
Q: What consequences would an individual impersonating a tenant living in an apartment get?

I am currently living in an apartment with three other girls. One of the original tenants decided to back out of the lease and sublet to an individual who is no longer allowed at the complex from previous issues. This was not brought to the landlord's attention so the individual is continuing to... Read more »

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

If the landlord discovers that this person is on the property, they could have that person removed by the police and charged with trespassing. You'd need to check your lease for what it says about subleasing. Generally, all tenants are equally responsible for the terms and conditions in the lease.... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: One more question: What is the difference between Ordinance OWI and Statute OWI. Thank you for your information.
Jeffrey Buehner
Jeffrey Buehner answered on Apr 1, 2020

An ordinance violation is charged under local ordinance (e.g. - city, township or village ordinance). Statutory law refers to Michigan state statutory laws (Michigan Compiled Laws). The substance of a local OWI ordinance is generally the same as state law. The primary difference is local ordinance... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Michigan on
Q: quit job due to harassment issue management did nothing to resolve. Caused fear getting job can I apply for unemployment
Brent T. Geers
Brent T. Geers answered on Mar 31, 2020

You can certainly apply for unemployment. Your question does not provide enough information to determine if you would qualify as a threshold matter. If you did, your employer may challenge it, in which case you'd be entitled to an administrative hearing to determine whether you quit for cause.

1 Answer | Asked in Child Support for Michigan on
Q: A component of the child support payment is based on parenting time. If the non custodial parent voluntarily forfeits

Their time (weekends, spring break week, weeks during summer break) is there an obligation for them to pay additional support? How would this be calculated or enforced?

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

No. Friend of the Court calculates support based on what the parenting time order says, not necessarily what actually happens.

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 Health Care Law for Michigan on
Q: In Michigan can I record a nurse or doc discussing my parent care if I told he/she I was recording this conversation?

In Michigan how do I protect my parent from any wrong doing in a hospital when I'm not being allow to see parent or be with him due to COVID19 epidemic which my parent is (-) at moment?

In michigan how do I properly audio record any conversation legally over phone or in person?

Can... Read more »

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

In the current situation, health care facilities have great latitude to determine ways to best protect patients and staff. And in most cases, that starts with restricting visitors.

Is your parent able to communicate at the moment? If so, then it's them that would need to give or get...
Read more »

2 Answers | Asked in Immigration Law for Michigan on
Q: If an immigrant became an American citizen by fooling INS about a marriage, can they get the citizenship revoked if

Reported by the wife it was fake

Adan Vega
Adan Vega answered on Mar 31, 2020

If DHS discovers that the issuance of a permanent resident status and U.S. citizenship was procured as a result of a willful misrepresentation or concealment of a material fact amounting to fraud then the U.S. citizenship can be revoked through a process called denaturalization. The former citizen... Read more »

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1 Answer | Asked in Car Accidents for Michigan on
Q: Car insurance company trying to sue me
Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

I'm assuming because you had no insurance. If you had insurance turn the claim over to them.

1 Answer | Asked in Divorce for Michigan on
Q: Have discussed divorce with my wife, need some clarity.

We have 2 daughters together 5 and 2. I moved into her home about 9 years ago as permanent address. Married in 2014. Shortly after having a joint checking account. The home has more than doubled in value with improvements and market growth. I have talked with a real estate agent and figured the... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

You may be entitled to a share of the home's equity under the theory that you contributed to the home either in the form of shared payments to the mortgage, upkeep, maintenance, etc. The calculation would be from roughly the date of marriage forward.

I know this is difficult to do in the...
Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for Michigan on
Q: If my state is under a lockdown can my employer fire me because I'm following the order?
Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

The answer will depend on whether the business you work in is essential or if you are an employee deemed necessary to allow for others to remote work. If either of those two scenarios apply and you still want to stay home, you may have some job protection under FMLA. Before making a decision, you... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: How long after the original support order can I attempt to get an increase through Michigan Friend Of The Court?

When can I try to get an increase in child support from from my former spouse? How do I do this? The original support order was May 30, 2018. Former spouse lives out of state. I was granted sole legal and physical custody since the date of divorce (May 30, 2018.) The children are always with me... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

It sounds like your case is eligible for an income review. To get started, you'll need to contact your local Friend of the Court (FOC). They will ask for income information from you and your ex to calculate a new order. If either of you dispute the calculation, the court will set it for a hearing.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I was arrested for misdemeanor OWI in Michigan. What does it mean when ticket says this?

To the Court: Do not arraign on felony charge until an authorized complaint is filed.

1. 257.625 2.______________ 3. ________________

My ticket says Misdemeanor but why is there a code violation next to number 1 under felony statement?

Thank you Everyone

Frank B. Ford
Frank B. Ford answered on Mar 30, 2020

That message is pre-printed on all Uniform Law Citations (tickets). If the box on your ticket is marked Misdemeanor, then the message about felonies doesn't apply to you. You would not be charged with a felony unless you have two prior driving under the influence convictions, or there was a... Read more »

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: My divorce was finally on aug 6 2019. I got pregnant only weeks after. Will they try n go back on my ex husband?

We were both in other relationships at the end of our divorce and still are. Because this pregnancy happened so close to the final stamp I’m worried they will try and go back on my ex husband if my child’s father decides to bail and not sign the BC.

Kendra Ortega
Kendra Ortega answered on Mar 29, 2020

Your ex-husband is only considered the legal father of your child if you were pregnant during the marriage. If your pregnancy began after the Judgment of Divorce was entered by the court, your ex-husband will not be the legal father. You will want to make sure the baby's biological father signs... Read more »

2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

Edit: Mark,... Read more »

Mark Bredow
Mark Bredow answered on Mar 29, 2020

No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »

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1 Answer | Asked in Estate Planning, Child Custody and Entertainment / Sports for Michigan on
Q: We are looking to create a will or difference between survivor right vs. will..which is better

We have two children and need to appoint guardianship in the event of our death, as well as distribute our life insurance properly.

Nina Whitehurst
Nina Whitehurst answered on Mar 27, 2020

It sounds like you are a married couple and your plan of distribution at the first death is "survivor takes all". That being the case, utilizing death beneficiary designations or joint tenancy with survivorship title holding is effective to vest ownership in those assets in the survivor. However,... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: Discharge recommended case status

My chapter 13 bankruptcy case is now closed and final disbursements were made. I am receiving a refund due to overpayment. My case status still says "discharge recommended" so at what point will I receive my discharge letter?

Timothy Denison
Timothy Denison answered on Mar 26, 2020

Generally 30-60 days.

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.

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