Lawyers, Answer Questions  & Get Points Log In
Michigan Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Child Support for Michigan on
Q: how does title 42 not violate my constitutional rights?
Gary Kollin
Gary Kollin answered on Sep 27, 2019

why do you think it violates your rights?

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Michigan on
Q: With no fault divorce thus no crime; how is it that Alimony is awarded since the Michigan Constitution bans slavery.

Given that the state of Michigan does not allow for slavery except in the punishment of a crime and that no fault divorce is not a crime how does the Michigan supreme court fail to rule all Family Court Spousal Support claims and rulings as unconstitutional. Once a union is dissolved continued... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

I see that you are a student of the law; that's good.

By your logic, shouldn't wage garnishments in general be abolished? And in fact civil litigation between private individuals should be unconstitutional, no? After all, how is that you should be able to sue me and take my money just...
Read more »

2 Answers | Asked in Civil Rights, Estate Planning, Elder Law and Probate for Michigan on
Q: My husbands dad passed away last year. His wife their step mom has the house. A niece came into the picture and took poa

They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,

Gary Kollin
Gary Kollin answered on Sep 20, 2019

No attorney can opine without reviewing the will

View More Answers

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
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 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
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 Criminal Law, Family Law, Civil Rights and Internet Law for Michigan on
Q: My Ex-wife and I that live together have been constantly harassed for 6yrs,online,public and want it to stop. How?

I divorced my 1st wife in 2012, married my current ex-wife in 2014 and my 1st ex and my daughter(18) keeps harassing in public, online, my own family now involved and all their friends. I have had cease and desist letters sent out, told them I don't want contact and they still do. Have posts all... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jul 25, 2019

The 'solution' would seem to be a personal protection order. Investigate that to determine if you have enough evidence to proceed with a local family law attorney.

That said, appreciate that a PPO is only a court order. If your ex continues to violate that order, it would require further...
Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Michigan on
Q: In Michigan, if a tennant damages a house, and it is sold as a loss, can they still be taken to court for the damages?

There is a lease to purchase contract stating tennant is responsible for all maintenance and repairs.

Kenneth V Zichi
Kenneth V Zichi answered on Jul 24, 2019

Without seeing the actual lease AND the inventory/checklist forms and determining if all the documents comply with all applicable Michigan landlord/tenant laws, it is impossible to say what (if anything) a tenant may be responsible for.

IN GENERAL provided you have properly dotted your i's...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: How can I obtain a copy of court records about my son's case? Is there anything that can be done?

My son is serving time for CSC 2nd degree. At the alleged time of allegations he was 16. Jail until 17/18 then charged. His name is incorrect and date of birth on court records. He was charged as a minor (13/14) for CSC and record was closed. When he was arrested he was 16 years old and treated as... Read more »

Gary Kollin
Gary Kollin answered on Jul 15, 2019

Contact the clerk's office

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Federal Crimes for Michigan on
Q: What to do when you're involved in hate crimes..Racially motivated..Neighbors destroying your property and stealing, etc
Kenneth V Zichi
Kenneth V Zichi answered on Jul 15, 2019

If you are the victim of ANY crime you should contact the police and make a report.

If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: In an invasion of privacy where the Plaintiff gave the Defendant permission to do whatever with video, how do you defend
Brent T. Geers
Brent T. Geers answered on Jun 10, 2019

Too many factors at play to give a good answer, but let me provide a framework for analysis:

If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in the...
Read more »

1 Answer | Asked in DUI / DWI, Civil Rights, Health Care Law and Medical Malpractice for Michigan on
Q: I have mental health problems, can i use medical marijuana while on probation?

I am on probation in michigan usa for a DUI, but i have SERIOUS mental health problems including insomnia, depression, adhd, anxiety, bi-polar. I was reccomended i get my medical marijuana card, can i do that while on probation?

Brent T. Geers
Brent T. Geers answered on Apr 23, 2019

You would first need to inquire with your probation officer, and then possibly have the judge's permission. Contrary to what many people believe, marijuana is not prescribed like a doctor may do for ordinary medication from a pharmacy. Because of that, judges don't have to allow you to use... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: How can I file a lawsuit against police for racial profiling and defamation of reputation?

Police do discrimination and racial profiling against me. They defame my reputation everywhere. I want to file a lawsuit against police for violating my constitutional and civil rights, and to bring my witnesses to the court to testify under the oath.

Brent T. Geers
Brent T. Geers answered on Mar 26, 2019

Perhaps your first stop should be to the police department to make a formal complaint with that department's internal affairs. Your next stop could be to a civil rights attorney. Successful claims show a pattern of discrimination and profiling, and without substantial evidence of that, an attorney... Read more »

1 Answer | Asked in Civil Rights, Foreclosure, Real Estate Law and White Collar Crime for Michigan on
Q: Why doesn't the FBI assist with State CIVIL RICO complaints
Brent T. Geers
Brent T. Geers answered on Mar 5, 2019

The FBI is a federal agency tasked with investigating and enforcing federal laws. Under our system of government, states are sovereign and can make, enforce, and investigate their own laws. The FBI has nothing to do with state law enforcement unless something becomes a federal issue.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Michigan on
Q: Ok...long story short My wife has been in jail 3 months waiting pre-trial for a awadw denied pastor

They wont say why no pastor visit after he been going in once a week for 3 months? Can they do this?

Brent T. Geers
Brent T. Geers answered on Mar 5, 2019

This is, first and foremost, a jail issue. Has the jail provided any reason why your wife, specifically, is not receiving pastor visits? Has anyone tried to visit her? Some jails also distinguish between pre-trial and sentenced persons, with pre-trial detainees being limited to access to programs... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: Can a apartment complex ban smoking and vaping on the entire property when most of them are handicap?

The complex is going to make them go all the way to the sidewalk to smoke or vape... Not even going to be able to vape in the apartments. One person is even paralyzed from the chest down, and in bad weather, they will expect him to go to the sidewalk

Brent T. Geers
Brent T. Geers answered on Mar 5, 2019

I am unaware of any law that creates an exception for persons with disabilities to smoke, nor is there a right to smoke. If the apartment complex bans smoking on the property for everyone, than I think they are well within their right to do so. It would be different if they said anyone can smoke in... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: A cop called asked to come in for questioning.

I don’t want to but my mom told him she’d take I didn’t agree I’m 22 years old. Can I call and tell him no how do I do it without self incriminating

Brent T. Geers
Brent T. Geers answered on Feb 8, 2019

Ordinarily you are under no obligation to go and talk with the police, regardless if your mom told them you would. Whether it's in your best interest to do so should be discussed in depth with an attorney before talking with the police.

1 Answer | Asked in Civil Litigation, Education Law and Civil Rights for Michigan on
Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?
Brent T. Geers
Brent T. Geers answered on Jan 9, 2019

Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Michigan on
Q: I'm in the process of going to the Supreme Court over damages arising of legal malpractice the amount of my lawsuit I ne

Need to file superintending control I have all my documentation my investigative report against the attorney everything is done they said if all possible get help with citation with legal authority but I'm trying to get legal counsel as soon as possible if not I need to get this sent off they gave... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 26, 2018

You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance Commission,... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: what can be done about an inmate do about being assaulted by another inmate if they are totally disabled

the disabled inmate was to be transferred out the day before into another unit and when the assault occurred he was coming in from the yard and the other inmate assaulted him the day after he was suppose to be transferred out but was still in the same unit everything was recorded on video so they... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 12, 2018

When it comes to prison issues, there is very little you or I can do about anything that happens in there. The Michigan Department of Corrections has absolute control over what goes on, who gets transferred when and where, etc. There is a grievance process that prisoners MUST exhaust if they hope... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: i really feal that my rights have been violated and the whole reason behind this is because of first my car was stolen

My disabilities that i have i feal that these people took advantage of it between 2 companies I'm on soical security disability i feal that they used some of my disabilities for leverage please call me ill explain more to this story this just happened recently back in September of the 19th... Read more »

Gary Kollin
Gary Kollin answered on Oct 16, 2018

Perhaps you can edit your question into separate sentences starting with a capital and ending with a period or a question mark. No one will call off this site

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.