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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: What if I called the court on the 30th to ask him if I can go ahead and do zoom on the 31st for my court date

I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward....
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is a cease and desist warranted for someone who is attempting to blackmail you?

Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question pertaining to law enforcement surveillances What rights does the subject have regarding privacy?

Subject has not committed or been charged with any infractions or violation. Noticed drone tracking

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Lots of questions before there can be any answers. 1) how do you know the drone is tracking you? Generally speaking, even if the drone is tracking you - presumably from the air - you don't have a privacy right walking or driving down the street. Things get trickier if a drone is hovering close... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Someone else drove my car and made I'd home before police officers had it tow from private property

I spent 10 days in jail for warrent at $45 dollars a day impound fee $243 to tow my car a minute away and face hard times without a car as it is my only means to work it's still in the impound and by now don't know if I have a car

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

What is your question? Sometimes the impound people will agree to waive or reduce the fees to allow you to get the car out, but otherwise, your car is staying there until the fees are paid.

1 Answer | Asked in Criminal Law and Identity Theft for Michigan on
Q: What are the charges for Attempted identiy theft in Michigan. Is it considered a felony or a misdemeanor or what?

What's the outcome of relieving this charge

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

Not sure what the circumstances are you're asking about. But if you are a victim, your first call should be to the police. They, in conjunction with the prosecutor, will determine what charges are appropriate.

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Who is responsible for providing an appeal attorney if one cannot be provided to you. Who or what entity is responsible

I had one provided then they left then another was provided and they told the judge there was a break down in communication and left. I then wrote the judge and he said I would be provided one and then I had no response from anyone. I the. Tried to see who my lawyer was when I left prison and they... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

With a guilty plea, you don't have a true right to appeal. There are certain issues you can ask for what's called "leave" to appeal. The Attorney Grievance Commission does not determine malpractice; they determine attorney ethical issues.

At this juncture, after...
Read more »

1 Answer | Asked in Contracts, Criminal Law and Federal Crimes for Michigan on
Q: I live in Michigan I entered in to a contract with a client for 6 hours . After the first meeting that lasted 1 1/2 hour

a check was written, contract (stating non refundable $780) was signed. After check was deposited, the client cancelled the check. is this a civil case or a federal case?

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2023

It's a contract case. State case; small claims actually. Your damages are $780, and maybe any fees your bank charged you.

1 Answer | Asked in Criminal Law for Michigan on
Q: SEARCH WARRANT IS EXECUTED ON MY HOME FOR NARCOTICS AND NOTHING FOUND BUT POLICE TELL NEWS THAT NARCOTICS CASH WAS FOUN

POLICE SAY HOME WAS INVOLVED IN MAJOR DRUG RING ON LOCAL NEWS BUT NO DRUGS NO MONEY WAS FOUND AND HAVE NO CLUE OF EVERYTHING REMOVED FROM MY HOME BY POLICE. THEN TAKEN TO JAIL BOOKED PROCESSED BEFORE KNOWING WHAT I WAS CHARGED WITH. HELD IN LOCK UP FOR ALMOST 48 HOURS BEFORE RECEIVING A BOND OR... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 5, 2023

Are you now charged with a crime? If so, all of this is for him or her to sort out. It would likely start with obtaining a copy of the search warrant and affidavit. If the house was suspected of being involved in a drug ring, you can almost bet that there is some combination of surveillance /... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: i got a felony in michigan for R&O. But i don’t have a criminal background. Will i go to prison?

I got the police called on me for refusing to leave a company’s property. The police showed up and were just going to write me a ticket for underage drinking. I was talking disrespectfully to the officer as he was writing my ticket. The officer then took action and tried to cuff me. I pulled my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2023

Any charge can be dropped, but charges initiated by police contact are the least likely to be dropped. The good news is without a criminal history, you're unlikely to face much if any jail time, let alone prison. The bad news is that anytime a cop runs your name, it's going to come back... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: should i take this to trial?

My boyfriend who lives with me had a warrant for his arrest. He was picked up by police officers and in custody. An hour later STING officers raided my home with a search warrant "for the persons of (my boyfriends name). He was already in police custody when they executed the warrant so what... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

You need to address the validity of that search warrant first. If you can prevail on that, then you have something. If the challenge is unsuccessful, you're free to take it to trial, but what is a jury going to think of the evidence?

No one can properly advise you on whether you should...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is People v Vasquez, 465 Mich. 83 (Mich. 2001) still good law?
Brent T. Geers
Brent T. Geers
answered on Dec 28, 2022

Yes. Like with all case law research, it's good for a particular purpose, which may differ from your set of facts.

1 Answer | Asked in Criminal Law for Michigan on
Q: what will happen to me? I was being dumb and desperate I shoplifted clothes from jc penny. I have a court date tomorrow

I was being very very desperate because I have no heat in my house. No excuse at all but this is my first offense of any crime. I’m very very nervous. I need to know what will happen to me.

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2022

You should have an attorney for the hearing, whose either been appointed or will be made available to you prior to the hearing who can explain. First offense retail fraud you're likely looking at probation maybe.

1 Answer | Asked in Criminal Law for Michigan on
Q: How long can one county hold you for another county in Michigan, if it’s a state misdemeanor case.
Brent T. Geers
Brent T. Geers
answered on Dec 5, 2022

Typically 48-72 hours.

1 Answer | Asked in Criminal Law for Michigan on
Q: My cousin received and itemized list of seizure from the fbi. It's not his stuff should he contest or ignore?

His apartment building was raised a few months prior, and although it didn't have anything to do with him he was still questioned. They Lt him go and nothing has happened since but he got a certified letter saying that they were going to seize if he didn't forfeit the items on the list.... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2022

If it's not his stuff, what would there be to contest? Your cousin would be well advised to leave well enough alone.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can an accuser legally contact a defendant with a no contact order in MI?

Someone was arrested for allegedly stalking his wife. A no contact was placed..SHE messaged him. He replied and now he's in jail with a revoked bond. Shouldn't SHE be in trouble?

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

No. The no-contact order is against him. While she should not have contacted him, he was legally obligated not to reply. That he did is contempt of a court order.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there anything I can do to get an expungement for crimes committed 7 years ago?

The case wasn't closed until I paid the fines in 2021 but I had limited funds. They won't even hear my case.

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

They won't hear it because, by law, you are not eligible due to having outstanding fines into 2021. A judge does not make the rules; they can only follow them. An expungement can only be granted after expiration of the applicable time period, which begins once the entire sentence - including... Read more »

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.

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Michigan on
Q: Should dashcam footage from Michigan state police have date time stamps. Kalamazoo county

My public defender wants me to see psychologist because I find it weird the dashcam has no date time stamp

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

Typically it would have date stamps. But I'm not sure that's the issue. You should have a conversation with your attorney about why he or she is recommending you see a psychologist.

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