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Michigan Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: The officer said he saw a Needle cap in my car and this was why he had reasonable suspicion to search the car

drugs found in a pill bottle in a purse and make up bag. I was the passenger of the vehicle and the driver had 2 Xanax on him. The car was mine. The needle cap is not in evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2022

Had to say without reviewing the complete record of the stop and what else was going on with the driver. May be ripe for a motion to suppress. The fact the car was yours doesn't necessarily mean anything since you weren't driving.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: Can I get legal aid to recover damages due to disability discrimination and ADA violations by the City of Detroit.

I used to work for the City of Detroit, I had two emergency surgeries in May 2020, one to amputate my left foot and another surgery the next day to amputate my left leg below the knee due to contracting a flesh-eating bacteria that was progressing rapidly and was life threatening.

I was... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

Best thing to do would be to call your local legal aid office and let them tell you whether it's something they would accept.

Generally, legal aid offices do not take "fee generating" cases. Think cases that lawyers would typically take on a contingency fee basis; yours is...
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1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Foreclosure and Civil Rights for Michigan on
Q: Bondsman stole car and didn’t take off balance now house is going to auction for 6490 by September 29 on a zero charge

Inowed 2000 for a 20000 bond that I put. Y house up for the charge was dropped shortly after I bonded out but I owed the 2000 still about a month after I got out w no contact the bondsman came and took my 2008 Jeep Patriot 4x4 he said that he would notify me of the remainder balance after he sold... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.

As to the car, it's likely as part of the bond contract, you signed over title...
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1 Answer | Asked in Civil Rights for Michigan on
Q: Can I refuse to take covid test prior to surgery
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Probably. And your doctor / hospital may refuse to perform the surgery.

1 Answer | Asked in Civil Rights for Michigan on
Q: Who should I contact if my grandmother is calling me a fool for praying aloud to God?

She also has the owner of Galesburg speedway aka my cousin here trying to expose any and every thing he can ever dig up convince people to lie about or whatever to harass me for my religious beliefs.

Brent T. Geers
Brent T. Geers
answered on Sep 8, 2022

I do not believe there is anyone to report this to. If you are a minor, and in your grandmother's care, then you should talk with an adult at your school. If you are an adult, then you need to make a decision as to whether this relationship is worthwhile or beneficial. You can choose to... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: I need help with an eviction case. I believe it’s a retaliatory eviction. Along with a violation of the fair housing act

I am also disabled and I have been discriminated against by my landlord. He has put my children and me in a very bad situation by not repairing water and electrical issues. I need to find a pro bono attorney because I am waiting on my wage loss along with my lawsuit to settle. Please if someone... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

You should contact your county's legal aid office. If you've been served and have a court date, the court will probably already have someone from legal aid ready to assist you for the subsequent hearing.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: Kidnapping victim & perp live in different states, where should the victim file the complaint?

If the victim & perpetrator live in different states but were both in the same state at the time, where should the victim lodge a complaint, in which state's court should I file and is it still considered a federal crime if the crime didn't cross state lines?

I was visiting... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

You should contact Detroit police. Frankly, I'm not sure what they are going to do with a three year old complaint.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What law or title in the civil rights act protects me against discrimination from the friend of the court office?

I was looking at title vi information but as far as I know that framework is mainly for programs that accept federal assistance not so much referring to the employees of government offices. I do believe my investigator discriminates on gender and race. I know most times people are just being bitter... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

You can file a grievance with that FOC office.

Remember, the evaluation is more or less an opinion, and you have the opportunity to object to that opinion and have a judge hear your case. You have the opportunity then to show the judge the FOC person got it wrong. Judge may or may not...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2022

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: I believe I had my rights violated

I had police officer demand I forfit a phone over to him I gave it too him asked for a Inventory sheet with the item I gave him then he called two days later asking me to sign a consent form alowing hi. To access the phone I didn't give him consent I called it a. The phone was on an I handed... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2022

Are you charged with a crime? If not, and it wasn't actually your phone, I don't know if there is anything you can do about this. If you are charged with a crime, I suggest you let your attorney address this.

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: i had my criminal record expunged in april 2022 and michigan police record search is still showing my expunged charges

i have been going back and forth with 7th circut court to have a copy of judgment re sent to mi state police i have even sent a certified copy of judgment myself to mi state police and still nothing is being done. what can i do to resolve this issue.

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2022

Honestly, not much else you can do. MSP is backed up dealing with expungments. If the court sent the order and you did as well, the issue is with MSP, and unfortunately for you, they will process it when they can.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: I was convicted of “misdemeanor aggravated assault” on 7/31/2014. When will I be able to purchase a firearm?

Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2022

You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can my university fine me $120 for not attending their chapel sessions?

I attend a private christian college (Cornerstone University) in Grand Rapids MI who has bi-weekly chapels (like a christian lecture/sermon thing). Normally 15 of these are required a semester but if you have a work conflict you can be excused. I do have a work conflict, but recently they added the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

Your general sense would be right if you were attending a public school. You are attending a private, religious school. I would assume not paying the fines, and certainly continuing to not attend or watch chapel services, will eventually result in the school asking you to leave. The school has... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What would you categorize invasion of privacy?
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

Depends on the facts. Could be civil or criminal

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Was I falsely imprisoned? Potentially illegally detained?

Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: I wanted to know if I can pursue a case if I didn’t file a police report? I got robbed at a club back in December
Brent T. Geers
Brent T. Geers
answered on Apr 20, 2022

You can try....not sure what the police can or will do, and whether the prosecutor will have enough evidence to charge anyone. A defense attorney could eat that up that you waited so long to report.

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