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Michigan Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Hello , I’m being evicted from my home and I want to know how long I legally have to move .. I have lived here 2 years
Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

Judge will tell you. Typically you must move within 10 days after the judge determines. The amount of time you have lived there is not a factor.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question about having a Michigan "Assault w/intent to do GBH less than murder"" charge expunged.

My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.

I would not take a plea - felony or...
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1 Answer | Asked in Uncategorized for Michigan on
Q: If a victim in an alleged CSC case has been killed in a horrific car accident Should the jury selected be aware of this

Or would that taint the jury to grant a sympathy guilty verdict? Would the defendant be assured a fair trial?

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

Jury selection is different from trial. The seated jury - the people who are selected to actually hear the case - can make a verdict only on what is presented in court, not by what was mentioned during jury selection.

If the victim is now unavailable, the rules of evidence may allow the...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Civil Litigation for Michigan on
Q: What should you do in the case of trying to file a small claims case on someone already sitting in jail?
Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

You can go ahead and file. Just keep in mind that even if you are right, in a civil matter, a judgment comes down to a piece of paper that says Person A owes Person B x-amount of money. You still need to collect it through legal means.

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Sub-contractor billing me for more than verbal quoted price

Sub-contractor gave a verbal price which I agreed too but told him to send me a written estimate. He went ahead and did the job without sending a written estimate. The invoice he sent is way more. I refused to pay and now he has an attorney threating a lien against the homeowner and lawsuit... Read more »

Frederick A. Lurie
Frederick A. Lurie answered on Oct 15, 2021

Next time get it in writing. Ask for time and material records to see if the records come close in value to the sub's claim.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Can you smoke weed on probation in michigan with a legal medical marijuanna card
Brent T. Geers
Brent T. Geers answered on Oct 15, 2021

Legally? Possibly. I still would not advise you do it though, as you might raise more attention for yourself then you need right now.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I took out a loan for a mobile home for my daughter. I put her name on loan. She's not making payments. Can I evict her

There is no lease agreement. She had no credit so I put her name on loan so she could establish credit. She's messing up my credit by not paying on time. I want the trailer back so I can sell it to save my credit.Whats the best route to go to get her out

Brent T. Geers
Brent T. Geers answered on Oct 15, 2021

Whose name is on the title? That's what matters. If the mobile home's title is in your daughter's name, then there isn't much you can do. If title is in your name, then perhaps you can evict her and sell it.

1 Answer | Asked in Banking for Michigan on
Q: I purchased a car last week and now the finance company is attempting to verify my employment

I purchased my car last week and now the fiance company is calling the dealership because they want to verify my employment but the problem is I separated rather aggressively from that company. I gave them all my paystubs and was already approved and in possession of the vehicle can they reposses... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 13, 2021

Good question. I don't think they will go to that extreme provided you stay current on payments. At the end of the day, this is all a business, and they are chiefly concerned with securing their interest in the vehicle.

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Michigan on
Q: My bedroom ceiling collapsed on me in my sleep. The property manager was aware that the ceiling was cracked.

I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.

Thomas. R. Morris
Thomas. R. Morris answered on Oct 12, 2021

Ouch. If you are a tenant, the landlord is likely to be liable. The landlord's insurance carrier may offer a settlement. You could take the settlement, or, if you can find an attorney to take the case, you could sue to see if you get more. If you hire an attorney, that might increase the... Read more »

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1 Answer | Asked in Contracts for Michigan on
Q: Hello,can a contract become void if the wrong person signed on the dotted line?
Brent T. Geers
Brent T. Geers answered on Oct 12, 2021

It doesn't, necessarily. If signed on behalf of an entity, the person who signed would need legal authority to bind the entity, otherwise the entity may rightly say they are not responsible for the contract.

If talking about individuals, then whomever signed it may be held responsible.

1 Answer | Asked in Criminal Law for Michigan on
Q: What should I expect at a pretrial for retail fraud if I don’t have an attorney with me?

I have no prior record. The judge isn’t allowing me a court appointed attorney and I cannot afford one. The total amount of stolen goods was $91.28.

Brent T. Geers
Brent T. Geers answered on Oct 12, 2021

Woe for me to ever suggest a person accused of a crime go to court without an attorney. But the fact the judge didn't appoint one for you makes it highly likely that you will not go to jail. At the pretrial conference, you will meet with the prosecutor. You may elect either to enter a plea to... Read more »

1 Answer | Asked in Elder Law for Michigan on
Q: How can I or one of my siblings get Financial and Medical Power of Attorney for our mother and her wife in Michigan?

They are about to be evicted from their apartment and keep getting in financial difficulties where they need money from us. We have asked them to let one of us take over their finances before, but they declined. They both have many serious medical issues, but don't follow through with... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

Your concerns suggest a need for more than just powers of attorney, which are revocable at any time by the principle. You may need to explore guardianship, which is a more permanent arrangement, and actually divests your mother from being legally able to make her own decisions. It is unclear though... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: As an 18 year old in Michigan, can my high school force me to retake my sat because "everyone did poorly" ?
Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

That you are 18 doesn't exempt you from school directives.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: I live on 80 acres in the middle of the Hiawatha National forest with no neighbors in very rural Upper Peninsula.

Property is heavily wooded, house and pole barn are 1000 ft off the road and only driveway in is gated. Do I still have to have my 12 marijuana plants in a locked facility outside?

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

Check with a local attorney to be sure but I am unaware of any exception to that rule.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

1 Answer | Asked in Collections for Michigan on
Q: Hello. Wanting to know who is ultimately responsible for a medical bill for my son who is now 18 and in college

we had agreed to pay 50% on copays for our son's health care costs. My ex-husband is the insurance carrier. Our son is now 18 and in college. He recently got some dental work done and because the dentist office always had sent the bills in my name, they sent the bill to me. I am now re-married... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

The dentist office will continue to seek collection from you. I would let the dentist office know that your son is over 18 and that you are no longer responsible for any bills in the future, and that they should collect whatever co-pays or anything from your son directly.

2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a home on 1 acre that was parceled off 40 acres. The township did not record the split.

The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 9, 2021

The beat option is to not close until this is resolved.

If you have already closed, did your attorney review the paperwork before closing? Wasn’t the issue obvious at that point? Did you hire your own attorney to review the closing package and offer to purchase?

You can still...
Read more »

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1 Answer | Asked in Products Liability for Michigan on
Q: I was persuaded to put furniture in my name for somebody who said they would pay for it but they didn’t

They furniture place won’t go get the furniture instead they sent the account to their legal team what can I do

Brent T. Geers
Brent T. Geers answered on Oct 8, 2021

Not much you can do except either 1) get the furniture back yourself and return it to the store, or 2) pay the bill. It's your name on the dotted line; your problem now.

When you signed for it, the store is holding you responsible for it. They don't care about who the furniture is...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I been staying in this house for 10 years now the mortgage company trying to come take it back

My mother in law gave it to me and my wife I remodel the house etc all she said is that she was in bankruptcy and all we had to do is pay taxes and which I did

Kenneth V Zichi
Kenneth V Zichi answered on Oct 7, 2021

"Bankruptcy" doesn't mean what you appear to think it does. If the house were indeed 'in bankruptcy' that wouldn't necessarily impact the mortgage. Without seeing ALL the paperwork it is impossible to say what is going on and how you may be impacted, but your... Read more »

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