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Michigan Questions & Answers

1 Answer | Asked in Entertainment / Sports for Michigan on

Q: I need a attorney to assist me. Myson was assaulted by a grown up at game with his school. What type of attorney handle

this type of case. He is 15 years old playing with his team. Suffered a concussion, eye bleed, sore back foot. He was dragged. 313.737.5262. deedeeno1.1@netzero.net

Brent T. Geers answered on Aug 23, 2019

You are first and foremost looking at a potential criminal matter. Your first call should be to the local police. If you know the person's identity, you could also look into contacting a civil attorney.

1 Answer | Asked in Civil Litigation for Michigan on

Q: Is there such thing as stalking a public figure?

I was charged with stalking a Superintendent of a public school. Pled no contest due to mistreatment in jail. I was wondering if this is even a fair charge or if I am protected due to free speech? I have a civil case against the Superintendent and if I win will I be able to introduce that as new... Read more »

Brent T. Geers answered on Aug 22, 2019

Yes, you certainly can be charged criminally for stalking public figures. It happens with movie stars as well as, apparently, local superintendents. Being a public figure does not remove all notions of privacy. Even constitutional rights have limits. You could show up at school board meetings and... Read more »

1 Answer | Asked in Uncategorized for Michigan on

Q: MI:can a daycare who has their place as a bus stop for the local pub school now say it’s for kids in their program only?

Parents would be there to pick up their children, using it solely as a bus stop.

Brent T. Geers answered on Aug 22, 2019

You'd need to contact the school district's transportation office. But I would think from the child care facility's perspective, if the bus stop is on their property, they are incurring significant liability, and absolutely can limit access to that bus stop to enrolled children.

Can you...
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3 Answers | Asked in Bankruptcy for Michigan on

Q: My son has many bills. He owes the county Jail here $1250 for a recent stay. Would bankruptcy erased by it.

Trent Harris answered on Aug 21, 2019

Fines, penalties, and costs that were ordered as part of his criminal sentence would not be dischargeable. However, if this cost is to reimburse the jail for his lodging and food costs while he was there, that could be dischargeable, because it's like rent and an ordinary contract claim. You... Read more »

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1 Answer | Asked in Criminal Law for Michigan on

Q: I have a felony conviction can it be reduced to a misdemeanor?

Brent T. Geers answered on Aug 20, 2019

Extremely difficult and unlikely. It would take cooperation from the prosecutor. Why not just ask for an expungment?

1 Answer | Asked in Child Support and Family Law for Michigan on

Q: North carolina pays for my ex wifes childcare and healthcare but i have to pay her for it through FOC is this legal?

Brent T. Geers answered on Aug 20, 2019

Yes. As part of child support, you will pay an equitable portion of child care and health care, if only to reimburse a state as may be the case here.

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

Q: The mother of my 3 year old daughter is trying to take me to court so my daughter will no longer be able to see my

My fiancé is that even possible?

Brent T. Geers answered on Aug 20, 2019

It's possible. Especially if your fiance has any substance abuse or criminal history.

1 Answer | Asked in Family Law for Michigan on

Q: My daughter is having a baby by a man that’s married. his wife wants the visitation to be with his other 3 kids.

What rights does my daughter have?

Brent T. Geers answered on Aug 20, 2019

The most likely outcome is that the father will be entitled to parenting time according to where and with whom he deems appropriate. That means that when it is his parenting time, this new baby may be brought around his or her three half-siblings (and the wife).

To be clear, though, what...
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1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: What can I do about him not being my biological son but I have been there for his whole life.

My ex just did a paternity test for my son and I and it came back I am not his father. I on his birth certificate. I have been there since day 1.

Brent T. Geers answered on Aug 20, 2019

Until there is a legal change in your status, you are the father regardless of what a test indicates. That test could be used as a basis to revoke your paternity, though.

1 Answer | Asked in Child Support for Michigan on

Q: My fiancé is paying support for a child that isn’t his but he signed the birth certificate. How can he stop payments?

The mother knows the child isn’t his and has moved to another state when the child was a baby. It’s been 10yrs. Will identifying paternity be enough to stop/close child support case and payments. Will she owe him for all the money that she has taken?

Brent T. Geers answered on Aug 20, 2019

Once your fiance signed the birth certificate (and I presume acknowledgment of paternity), that's saying "I have no reason to dispute paternity". There is a legal mechanism to revoke paternity, but after 10 years, that would be some tough sledding. Further, once his name is on a birth certificate,... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: My fiancée is in jail for child support, they didn’t give him time just to pay the bail in cash on all 3 cases! Can I us

Use a bondsman to get him out

Brent T. Geers answered on Aug 20, 2019

Depends on what's happening. I would imagine the sentence involves paying a certain amount (all or substantially all of the back support) or serve a number of days in jail. If that is the case, there is no bail for a bondsman to work out.

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

Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Brent T. Geers answered on Aug 20, 2019

Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with preponderance of... Read more »

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

Q: To obtain power of attorney for my 2 grandchildren, does it go through court? Or can I get form signed and notarized mys

Does it have to go in front of judge. Both parents want to do this.

Brent T. Geers answered on Aug 20, 2019

You may be confusing powers of attorney and guardianship. These are two completely different animals. One is very simple and does not involve a court; the other is more complex and does require court involvement.

1 Answer | Asked in Health Care Law and Libel & Slander for Michigan on

Q: Can someone call your doctor and lie to them?

My doctor said someone called my doctors office. They didn’t leave a name or phone number. They told my doctor i was doing drugs. What do I do? They almost cost me my script.

Brent T. Geers answered on Aug 20, 2019

I suppose it's possible...as evidenced by your question. Will a doctor act on advice from an anonymous person? Hopefully not.

I would imagine that your doctor asked you some questions about drug use. Which is appropriate, and could happen regardless of this anonymous call. Certainly, it's...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on

Q: Does a Realtor who sells units in a housing co-op need to have an agency disclosure form signed by the buyer and seller?

Kenneth V Zichi answered on Aug 20, 2019

It doesn't matter what type of housing (co op or otherwise) the agency disclosure needs to be provided consistent with the licensing rules. IF the license requires it, then yes. Usually both buyer and seller only need to sign when there is a 'dual agency' but without specifics it is impossible to... Read more »

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

Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Daniel Hilf answered on Aug 20, 2019

Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.

1 Answer | Asked in Child Custody, Child Support and Immigration Law for Michigan on

Q: Looking for a Spanish speaking family and immigration lawyer for a case in Pontiac.

Patricia C. Wall-Santiago answered on Aug 19, 2019

Family Law is governed by the State you or your children reside; Immigration law is Federal Administrative Proceedings and any attorney anywhere from within the US can represent you. I am an Immigration attorney in Ft. Lauderdale, Florida with 15 plus years of experience and I am fully bilingual... Read more »

1 Answer | Asked in Personal Injury for Michigan on

Q: f dont know what kind lawyer to get i am a senior there no funding in state for legal help I dont want lost my toes

my water is brown and codes saw it and fridge has been broke called codes they didnt enforce anything i waited for senor housing since it all happen finally got in packed i did what i was told to hold rent till stuff was fixed landlord sue me at last day my senior lawyercalled said sorry out... Read more »

Tim Akpinar answered on Aug 19, 2019

I'm sorry for your ordeal as a senior, and that Michigan DHS was not able to help you. Contact the State Bar of Michigan - they have resources for legal aid for the public. Also look into law schools in your area. Some law schools have clinics or internships where their students provide legal... Read more »

1 Answer | Asked in Real Estate Law for Michigan on

Q: If your close date has come and gone because the buyer is pursuing alternative financing, are you obligated to sell?

Buyer's bank loan feel through because he is going through a divorce. The agreement close date was 08/16. Our realtor sent us an amendment late last night to extend the close date under the same terms. We have not signed the amendment and want to change the terms to require the earnest money... Read more »

Kenneth V Zichi answered on Aug 17, 2019

Without seeing the offer and reading the various contingencies it is impossible to say for sure. The offer MAY be 'dead' meaning you can both walk away without issues, or there may be a default requiring action.

If the offer is 'dead' and they want to extend, you can make whatever changes...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on

Q: We signed a purchase agreement with no earnest money. We did not qualify for a mortgage. Is agreement over?

Kenneth V Zichi answered on Aug 16, 2019

Was the offer contingent on qualifying for a specific mortgage and was that contingency not satisfied? Without actually seeing the terms of the agreement it is impossible to say for sure, but IF it was drafted properly and you didn't qualify for the mortgage, then you MAY be able to call the deal... Read more »

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