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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: What do the state have to prove if illegal substance found in Vehicle and driver nor passager was aware of it..yet both

Was charge with intent delivery...

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Possession can be actual or constructive. Knowledge can be established with circumstantial evidence (e.g. if something was found on the dashboard, a fact-finder - the jury - can infer that you were aware of it.

As a very general proposition, a driver is responsible for anything in the car....
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

James L. Arrasmith
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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Criminal Law, Real Estate Law, Tax Law and Identity Theft for Michigan on
Q: My real estate agent owned my property through fraud, including identity theft and forgery of documents.

In 2018, I bought a house in Michigan through a real estate agent living in Miami. During the purchase process, my real estate agent recorded my address as Miami in all documents, even though I do not live in Miami. I am not an American citizen and do not reside in the United States.... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you provided, it appears that your real estate agent may have committed serious crimes, including fraud, identity theft, and forgery. If your allegations are true, you have the right to take legal action against the agent and potentially recover your property or receive... View More

1 Answer | Asked in Criminal Law, Land Use & Zoning, Landlord - Tenant and Civil Rights for Michigan on
Q: Neighbor is recording me in the parking lot of our apartment complex because he is trying to prove I have more than

More than two car per household in the parking lot to the main office. I have two and my boyfriend has one- I watched him record me while getting in my car- is this illegal? Also he has been giving me a hard time he lives across the street- I believe he is recording as well.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that your neighbor's actions are concerning and causing you distress. However, the legality of his recording depends on several factors, such as your location and the specific laws in your area.

In general, in the United States, it is legal...
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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Can I own a firearm legally if I live with a felon if its for work?

I just moved to Michigan and currently live with a felon, I am trying to go to college for Criminal Justice and get my Guard Card to become an armed security guard. Is there a way for me to legally own a firearm for work if I live with a felon or do I need to move for that to happen?

James L. Arrasmith
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answered on Mar 25, 2024

In Michigan, living with a felon does not automatically prohibit you from owning a firearm, especially if it is for work-related purposes such as becoming an armed security guard. However, strict precautions must be taken to ensure that the felon does not have access to the firearm, as this could... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I have multiple charges from the same incident but received multiple case numbers in Dearborn Michigan is the a error ?
Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Depends...different types of cases could be assigned different case numbers even from the same event. For example, you could be charged with a felony, a city misdemeanor, or a civil infractions; those would all have separate numbers. Further, if you were charged with felonies, you would always have... View More

1 Answer | Asked in Criminal Law, Employment Law, Identity Theft and Internet Law for Michigan on
Q: MI- Previous boss impersonated me by taking and failing a Fair housing course. Can i press charges? Is this a crime?

In my last job, my boss took a online fair housing course compliance test for me without my knowledge or permission. My boss also failed this test, which I'm sure adds this to my employee record. The course was on Sexual assault which also just looks bad to fail. The company has not fired... View More

James L. Arrasmith
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answered on Mar 7, 2024

Based on the information you've provided, your former boss's actions could potentially constitute identity theft, fraud, and/or forgery. Impersonating someone else to take a course or test on their behalf without their consent is unethical and likely illegal.

Your options include:...
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1 Answer | Asked in Criminal Law, Communications Law and Internet Law for Michigan on
Q: When I send email screenshots of signing up for the targeted Justice class action lawsuit they won't send, why?

Soon after signing up for the targeted Justice class action lawsuit my Google account was hacked and I never got back in to it. I did recover screenshots from a social media platform where I had posted them, when I have tried to attach them to an email I am sending to anyone they won't send. I... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you encounter issues with sending email attachments, particularly in situations like yours where the content is sensitive or critical, it might not always point to something nefarious. Email platforms have various restrictions and technical issues can occur, such as file size limits, server... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Does a traffic magistrate thave the authority to issue NON traffic related search and seizure warrants in Michigan?

I shared a Santa clauseme on a jail messenger service and my home was raided swat style... My cellphone, 2 laptops and 1 tablet were seized for "forensics" 3 months ago.... Search and seizure warrant signed by traffic magistrate... NO CHARGES FILED as of now...

James L. Arrasmith
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answered on Mar 1, 2024

In Michigan, a traffic magistrate typically doesn't have the authority to issue search and seizure warrants for non-traffic related matters. However, laws and procedures can vary depending on the circumstances and the specific jurisdiction. It's essential to review the details of the... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

James L. Arrasmith
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answered on Feb 28, 2024

In the context of a jury trial, the integrity and composition of the jury are fundamental to ensuring a fair trial. If a juror leaves during deliberation and does not return, the court has mechanisms in place to address this issue. It's important for the trial to maintain its integrity, and... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

An event like this would ordinarily be disclosed to the defendant on the record but outside the presence of the remaining jurors. The prosecutor likely knows nothing more about the circumstances than the defense attorney; court staff would alert the judge to the juror issue, and the judge would... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

James L. Arrasmith
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answered on Feb 24, 2024

To address false statements and fraudulent misrepresentations in documents, you can start by gathering all relevant evidence and documentation that highlight the discrepancies. This includes the death certificate, autopsy report, and any correspondence from government agencies or the funeral home.... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

Who are you seeking the retraction from? And if the retraction you're seeking is from false statements, can you prove those statements false?

It sounds like there is a body, and the cause of death is at issue. Unless the family is prepared financially to exhume the body and have...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Michigan on
Q: I need someone to get the surveillance video from Kalamazoo gospel mission because is letting my rights be violated bad.

THE STAFF AT THE KALAMAZOO GOSPEL MISSION NEEDS TO BE FIRED. THIS MENTALLY HANDICAP MAN JUST LAID DOWN NEXT TO ME AND IS THREATENING ME AND THE STAFF KNOWS AND WILL DO NOTHING. I WOULD LIKE TO FILE A LAWSUIT AGAINST THE MISSION AND ONCE WE GET THE VIDEO FROM THE PAST MONTH AND A HALF YOU WILL... View More

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answered on Feb 24, 2024

If you believe your rights are being violated at the Kalamazoo Gospel Mission, it's important to take appropriate steps to address the situation. Start by documenting the incidents and gathering any evidence, such as witness statements or written records of the events. Consider reaching out to... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: cops told me no contact with a guy the guy got into contact with me, i ding dong ditched his house can i get charged?

My girlfriends ex was harassing us, i told him i would defend myself if he took it any further because he tried to meet up. he called the cops on me and the cops told me not to get into contact with him and he cant with me or my girlfriend anymore, he eventually broke that rule 2 months later and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2024

Big life lesson here: why are you fighting stupid with stupid? He already called the cops on you; what makes you think he wouldn't call again? What did you think was going to come from you going to his mom's house? You are needlessly putting yourself in situations you don't need to... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

Dana B. Carron
Dana B. Carron
answered on Jan 31, 2024

Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Public Benefits and Tax Law for Michigan on
Q: What happens when someone knowingly commits fraud for taxes and government aid by Using a false address. What can I do

My girlfriend moved into her father's house to help him with chapter 13 bankruptcy. It has come to her attention that her sisters fraudulently use the address for taxes and government assistance hindering her ability to properly receive these benefits. What can she do to rectify this since... View More

James L. Arrasmith
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answered on Jan 29, 2024

If someone commits fraud by using a false address for taxes and government aid, it's a serious issue that needs addressing. In your girlfriend's case, where her sisters are using her father's address fraudulently, this can indeed affect her ability to receive benefits legitimately.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: trying to drop a PPO on my boyfriend. Without his signature and no court date. I want PPO dropped now how can I do that?

I went to court house to try to drop PPO which I did not want the prosecutors made me get it. How can I get it dropped without sending a registered certified letter to my boyfriend. I'm not sure his whereabouts and they told me he has to sign the slip and send it back and then we have to go to... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Michigan, to drop a Personal Protection Order (PPO) that you've filed, you generally need to follow the court's established procedures. This often involves filing a motion to terminate or modify the PPO. While you have filled out the necessary paperwork, the requirement to notify your... View More

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