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Michigan Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Michigan on
Q: My financé is incarcerated in Michigan and he needs his court files.He got his free copy years ago but lost some pages

Can he get another free copy or does he have to pay for it? Can the court refuse to send him another copy of his own files?

Dana B. Carron
Dana B. Carron answered on Jul 19, 2021

They can make him pay if they gave it to him already.

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1 Answer | Asked in Criminal Law for Michigan on
Q: I take care of my Mother fulltine she is 84 and has dementia,that being said. I went to court date to be arrested

The bond agent told me court was postponed so he lied.So I was held for 2 months,My mothers health has declined while I was away.So I got a year probation went to see prob officer She said I would have to come back ,I couldn't bring or leave my Mother I have no one to help.What do I do Now... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 16, 2021

There is not much to tell you other than you need to figure out a way to satisfy the terms of your probation while caring for your mother. People do so in the midst of all sorts of challenges. If your probation officer is putting a warrant out for you, it doesn't sound like you are having... Read more »

1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: Is it legal to record a phone conversation with only one person's consent, in Michigan?

I live in Michigan, other party is in Texas. Would it be legal for me to record the phone conversation, without the other parties consent?

Steve Reina
Steve Reina answered on Jul 15, 2021

Michigan prohibits the recording and disclosure of any private conversations, whether in person or over the phone, without the consent of all parties, by someone who is not a party to the conversation. Courts disagree whether participants to the conversation may record without permission of the... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I need some major advice ASAP! This will only let me write up to 120 characters, and my question is very long.

I was walking down the Street a guy pulled up to me assume that I was a girl that ripped him off because he's a drug addict, long story short he grabbed my phone out of my hand and smashed it on the ground and then got his car and left. ( the whole time all this occurred my daughter was on my... Read more »

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

I'm not sure what your question is. You have the right to make the prosecutor prove their story through a trial. And if you are awaiting a preliminary examination, you have a right to make the prosecutor show probable cause for these charges, which your attorney can then challenge.... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: I want to change my plea to not guilty, my lawyer lied to me and I don't get sentenced for 2mth,Do I write him a letter

Please read my question

Dana B. Carron
Dana B. Carron answered on Jul 1, 2021

Notify the court and your attorney, in writing, as soon as possible, that you want to withdraw your plea. If you wait until sentencing, they will likely deny plea withdrawal by saying you were only influenced by the sentence that you expected to get.

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1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: Michigan,,,,How long do i have to press charges against someone who assaulted me,,,,,,I do have a police report

I live in an apartment building where i was assaulted,,,,I did not press charges,but was asked,,because i did not want to cause trouble.One week later i received an eviction notice,,,The man who assaulted me is dating the landlords sister,,,,nothing is being done to him...Their was another assault... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 30, 2021

You could contact the police again and let them know you now want to press charges, although the prosecutor may elect not to pursue it given that your changed mind.

You could challenge the eviction. But do you want to continue living with a landlord like this?

1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: Where does Congress get its constitutional authority to pass federal criminal and civil laws? Congress has the enumerate

authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 29, 2021

Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: Let's say a person from Michigan has beef with a person from Ohio. The person from Michigan gets in their car and drives

to Ohio and kills the person they have beef with. Is that considered federal felony murder because they crossed state lines to kill a person in another state? Will the murderer be charged with federal murder, Michigan state murder, and Ohio state murder? Also, are the US Codes all the laws... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

Not necessarily. Federal criminal law is concerned with interstate commerce. Under your fact scenario, the person would be charged with murder in the state the murder happened: Ohio. Note that Ohio has the death penalty, unlike Michigan.

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Employment Law for Michigan on
Q: I was injured at Ford Motor Co in Feb, 2017. Completed surgery on leg and knee. Not on back. Attorney said June 2020, MY

CASE IS TOO NEW TO BE HEARD.

It's been over 2 years. Where do I go from here?

Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

Workers comp claims take awhile. Your attorney probably knows very well the timeline and process. You could consult with another workers comp attorney, but they may tell you the same.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can the dmv see if you have a warrant in indiana and will they call the police
Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

No. The type of warrant and what it's for determines whether anyone would even pick you up for it.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: My son stole my car title and gave it to his grandfather. (Due to him thinking I owed his grandfather a debt.

I attempted to file charges on him today. Officer refused, because he said, I should have filed 2 months ago, when I found out. I wasn't sure 2 months ago. Today, I am sure. What recourse do I have? My son is 29 and has not lived with me for 7 years.

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Has the title been signed over to grandfather? In other words, did your son forge your signature? If he just stole the physical title, you can get a new title from the Secretary of State. If you do discover that a title has been actually signed over, I would think the police would be more... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: How long does michigan have to schedule a pre exam conference from arraignment date?

It's a misdemeanor charge and he has been arraigned but not able to bond out due to the conditions of the bond. He's been in jail for 20 days and no scheduled date has been set.

Brent T. Geers
Brent T. Geers answered on Jun 22, 2021

Misdemeanors are different than felonies. There is no preliminary exam. He will have a pretrial conference, hopefully soon. Additionally, he can have his attorney file a motion for bond after 28 days.

1 Answer | Asked in Criminal Law for Michigan on
Q: What can I do if my judge sentenced me with a pv on a hyta case in front of others in the courtroom
Brent T. Geers
Brent T. Geers answered on Jun 17, 2021

Not sure what you are expecting to happen. HYTA keeps the conviction off your public record upon successful completion of your probation; it does not close courtrooms, which are ordinarily public venues. It all takes place in open court on the record. And if you were sentenced on a probation... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm being charged with 2nd degree retail fraud and can't afford an attorney. Im trying.

No prior charges whatsoever. I cooperated with police. Im looking into a diversion program but my research so far is limited. What can I do to help my case and what are my chances of jail time?

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

You will likely be appointed an attorney if you haven't already. Retail Fraud - 2nd degree alleges that you stole more than $200 worth of stuff. If by "cooperated" you mean a confession, your best bet is to continue cooperating through your attorney to negotiate a plea deal that... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: what is a 16 year old boy hit a 15 year old girl in Michigan
Dana B. Carron
Dana B. Carron answered on Jun 8, 2021

It could be an assault ... it could be self defense ... is it upsetting enough to pursue criminal charges? Your question is very hard to answer on the limited facts given.

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan, do I have to divulge a No Contest Plea from 12 yr ago on a Jury Duty questionnaire if it's been expunged?

No contest plea was to a felony. I wasn't given jail time. Just 6 months to be free of any legal trouble and the record would be expunged.

Brent T. Geers
Brent T. Geers answered on Jun 7, 2021

If it's been expunged or entered under HYTA, no.

1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: Can a police officer go into a residence to do a wellness check and search while he is in there for drugs??

The person in charge of said residence told him he did not have permission

Brent T. Geers
Brent T. Geers answered on Jun 2, 2021

Your question is heavily fact-dependent. How and what was the police officer searching? What was the basis for a wellness check? Regardless, cops don't need to ignore things then in the open. For example, there would be no impermissible search required for the police to arrest someone when... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: There is this guy I know, who has multiple crimes and still only gets a slap on the wrist so to speak, why?

He has cut off a tether, broken a PPO order, multiple assaults , and always either gets probation or 30 days in jail, whats it gonna take to put this guy away for a while. Now he attacked a mentality handicapped guy and broke the mans arm, this is the same guy who had the PPO against him. Why is he... Read more »

Dana B. Carron
Dana B. Carron answered on May 27, 2021

Judges take a great variety of things into consideration - much more than just what violation was committed -- when sentencing. Also, the way the system works is that you get punished more severely as you continue to commit violations. He will probably get what he deserves this time.

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2 Answers | Asked in Contracts and Criminal Law for Michigan on
Q: I went through home advisor to find a contractor. He took a down payment and has since stopped communication.

I signed a contract with the individual that he would replace the fencing around my property. After the check cleared for the down payment, he has stopped returning my messages. What are my legal options?

Dana B. Carron
Dana B. Carron answered on May 27, 2021

You may want to contact the police and file a complaint.

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2 Answers | Asked in Criminal Law for Michigan on
Q: Is being convicted with attempted larceny the same as being convicted for larceny?
Dana B. Carron
Dana B. Carron answered on May 26, 2021

750.92 Attempt to commit crime.

Sec. 92.

Attempt to commit crime—Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or...
Read more »

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