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Michigan Questions & Answers
1 Answer | Asked in Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal for a cop to follow me around after I recorded him, and write me up for a statute I didn't violate? help

I feel like my 1st amendment rights to freedom of press and speech are being attacked, I filed a complaint and the supervisor blew me off and said he won't argue the constitution with me, deal with the ticket in court. I don't feel I should be picked on by law enforcement when I am not... Read more »

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

Without determining whether the police are right or wrong here, they are right about one practical aspect of the law: you won't win an argument about law or fact with the police on the streets; that is what courts are for.

Your first amendment right to watch the police while in public...
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1 Answer | Asked in Appeals / Appellate Law, Traffic Tickets and DUI / DWI for Michigan on
Q: If I ask for driving license hearing reconsideration, with new evidence, can I still appeal if they deny me again?

I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... Read more »

Frank B. Ford
Frank B. Ford answered on May 18, 2021

I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Can the mother sue me for child support if I don’t establish paternity?

I have an 18 week old baby on the way. I want nothing to do with it and I don’t want to establish any paternity rights. Can she take me to court after the baby is born for child support?

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

Yes. And if the state funds any of the birth expenses, expect them to come after you.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can I get into trouble if I tell the truth when I testify in court on Friday. The truth is different then then report

I panicked when writing police report and when talking to detective. Now I have to testify on friday and want to know if I will get into any legal trouble if I tell the truth which is diff then the report

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

Depends...police reports are not evidence, but if what happened is markedly different from what you reported, you could be charged with making a false report. It is, however, not uncommon that witness or victim testimony differs from what was in the report. Expect the prosecutor to try to reconcile... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm seeking to challenge a search warrant based on the veracity of the affidavit .

The officer left out exculpatory information told to him by a witness. That witness was a confidential informant who wasn't named in the affidavit. The officer swore to the witnesses reliability . If what this witness said he witnessed is true. What my accuser alledges cannot be true.

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Talk to your attorney. They aren't going to expose the CI without a considerable fight of course. And it is permissible to rely on a CI's testimony.

The duty to disclose exculpatory evidence is on the prosecutor, not the police; it would be weird for a search warrant to have...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My sons bio dad wants to take me to court for visitation, what are the chances he will get grated it?

My son is about to turn 11 and they have never met. I tried when my son was younger and bio dad never wanted to he does pay child support and we are a 2 state case. I haven't had any contact with him in 7 years untill today when he messaged me says he's taking me to court. I'm scared... Read more »

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Contrary to some opinion, judges are not mindless or impractical. Most every family court judge has seen this sort of scenario before. The dad will get some parenting time if he asks for it, and so long as he is appropriate with it. No, the court will not just send your son off on a plane or in a... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can an officer swear to the reliability of a witness in an affidavit and then not rely on what the witness said he witne

My accuser alledges that I sold him methamphetamine in a camper trailer on the back of a piece of property. The informant ,who was conducting a controlled buy on my accuser, said my accuser walked down the driveway and stepped behind a shed and stood there the entire time .he said my accuser... Read more »

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Perhaps one of the most common misconceptions, and hardest to convince clients of, is the fact that police reports are not evidence. At some point, if you go to trial, the prosecutor will need to have those individuals testify; your attorney might be able to ask them questions about the... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: My boyfriend was very abusive and left marks all on my face and neck almost a week ago.I have photos to prove it..

Can I still go to the police station and press charges?..He got a domestic and arrested last July from hitting me but it was dismissed.I didn't go to court to testify against him.

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Absolutely you can. But if you are unwilling to testify again, the same result might happen.

1 Answer | Asked in Criminal Law for Michigan on
Q: My son He was charged with 4th degree CSC in 2004 with no jail time. He was to be off the registry in 15 years.

WHY IS HE STILL ON TO REPORT AND REGISTER. HE WAS ALSO TO BE A TEIR ONE BUT THAT NEVER HAPPENED. He was charged by my daughter-in-law with touching my granddaughter a week after we saw bruises on my granddaughters lower back and Justin asked his brother what happened and he told him that Kristy... Read more »

Brent T. Geers
Brent T. Geers answered on May 17, 2021

Your son needs to confirm his registration status, and should check his judgment of conviction to see what exactly he has. MSP just enforces what is court-ordered, so there might be a miscommunication or misunderstanding somewhere between what your son and the court think.

The remainder of...
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2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Newaygo michigan 27th circuit is unable to produce transcripts for appeal what happens

The trial was a complete farce all the way threw a real circus never seen anything like it

Dana B. Carron
Dana B. Carron answered on May 15, 2021

An appeal can definitely still be filed ... If I recall correctly, it is done with the trial attorneys filing affidavits of what they call the relevant facts at issue were.

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1 Answer | Asked in Estate Planning for Michigan on
Q: How to get my sister name off the title and mortgage. She is dieing and she will not sign a paper give me the house.

Her name is only for work weeks when we signed on the house. She pays no bills. My name is also on the house title and mortgage and I'm the one who pays the mortgage.

Kenneth V Zichi
Kenneth V Zichi answered on May 14, 2021

You cannot force someone to give or sell property. If her name is the only one in the mortgage/deed she will need to voluntarily sell (‘sign off’) the property or you will need to probate the property after she passes. The real issue here is that if there’s a mortgage that will complicate... Read more »

1 Answer | Asked in Collections for Michigan on
Q: Is child support exempt from being taken by a debt collector if they freeze your bank account?

I only had unemployment and child support in my bank account when the debt collector put a hold on my account. Are they are to take the funds?

Brent T. Geers
Brent T. Geers answered on May 14, 2021

I'm not entirely sure, but the burden will be on you to convince a court that those funds are protected from seizure. That is a difficult argument to make when multiple funds are commingled into one account and then seized.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Michigan on
Q: Why would a life insurance company ask what state and country you were born in?
Brent T. Geers
Brent T. Geers answered on May 13, 2021

Risk analysis and calculation, as well as identity purposes.

1 Answer | Asked in Criminal Law for Michigan on
Q: What is the law called to be unable to be convicted without physical evidence

IM WRITING A PAPER FOR 5TH GRADE

Dana B. Carron
Dana B. Carron answered on May 13, 2021

GOOGLE the following:

can you be convicted of a crime without physical evidence

and you will see the mistake you are making.

4 Answers | Asked in Real Estate Law for Michigan on
Q: Is a hand written receipt legally binding on the sale of a house

Friend of mine sold me her house for very little money, and now a year later wants to take it back. I have a signed receipt from her and her ex husband. Will that be enough to stop her from kicking me out?

David Soble
David Soble answered on May 13, 2021

The best receipt for a home sale is a deed. Anything else is suspect and may not evidence the parties intent. See more at www.provenresource.com

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1 Answer | Asked in Criminal Law for Michigan on
Q: Dana please help

So my project is on changing the law that states You cant arrest someone without physical evedince I want to say the law is wrong what are 3 strong key points I could use? And how do you want your name in my paper?

Dana B. Carron
Dana B. Carron answered on May 13, 2021

Where are you finding something that says that you cannot arrest someone without physical evidence? One of us is confused.

1 Answer | Asked in Criminal Law for Michigan on
Q: Im a student writing a paper help me please

If I killed someone but there are no fingerprints or physical evidence saying I did but someone was like. "Oh yes she told me she was going to kill her". Could they be aressted?

Dana B. Carron
Dana B. Carron answered on May 13, 2021

They would be investigated for that, however, that alone would not be enough evidence for an arrest.

2 Answers | Asked in Criminal Law for Michigan on
Q: What is Circumstantial evidence? I'm a student writing a paper on this
Brent T. Geers
Brent T. Geers answered on May 13, 2021

Think of this example:

I'm in the bedroom of a house. I know it's raining outside. I don't see you walk into the house, but find you in the living room wet. That's circumstantial evidence that you were just outside. Based on the circumstances (e.g. raining outside; you...
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2 Answers | Asked in Criminal Law for Michigan on
Q: Why does the US not allow the culprit to be arrested without evidence? I'm a 6th grade student writing an Essay on this.

If I killed my friend everyone and everyone said yes yes she killed her friend she told me she was going to but there was no physical evidence and everything pointed to me why am I unable to be arrested

Dana B. Carron
Dana B. Carron answered on May 13, 2021

Take a look at the following: https://mjieducation.mi.gov/documents/criminal-qrms/400-arrest-warr/file

You can in fact be arrested without any physical evidence, as you will see by reviewing the above requirements for an arrest warrant to be issued.

The specific relevant info in...
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1 Answer | Asked in Health Care Law for Michigan on
Q: Are there supposed to be cameras in the hospital rooms for people who are there for just coughs
Brent T. Geers
Brent T. Geers answered on May 13, 2021

Cameras are generally mounted in most hospital rooms, mainly for patient protection. Outside of perhaps an ICU unit, hospitals typically don't designate certain rooms for certain ailments, and so all rooms need to be equipped for the variety of situations.

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