Lawyers, Answer Questions  & Get Points Log In
Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: Hello, I have a question regarding Identity Theft; and jurisdiction.

My Mother in law is having me prosecuted for allegedly opening a credit card in her name. The said crime im being accused of happened in Wayne County Michigan, but I have my court proceedings in Monroe County. My mother in law has a lot of influence in Monroe County court, is there a jurisdictional... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 5, 2020

Not sure with the facts given, but I would suspect venue may be proper in Monroe if that's where your mother in law lives and it's alleged that's where you obtained her identifying information.

1 Answer | Asked in Criminal Law for Michigan on
Q: I’m on probation in Michigan & my work requires a lot of out of state travel. Can probation make me quit or find other ?

Felony probation over 50% completed, no history of fleeing or evading or not showing up

Daniel Hilf
Daniel Hilf answered on Jul 28, 2020

A common condition of probation is to not leave the state without approval of the Court. If your probation officer is unwilling to allow for travel, it is recommended that you hire a lawyer to file a motion before the Judge assigned to your case to allow for travel.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is this right after being arrested and paying fines?

My husband was arrested for retail fraud but charges were reduced to disorderly person, he paid fines and was held in jail for this and now he has to do probation, drug tests and counseling for this. Is this right? He was even asked about his immigration status.

Brent T. Geers
Brent T. Geers answered on Jul 24, 2020

Yes. I assume upon his arrest, he was held in jail on some sort of bond, which he was unable or unwilling to provide for his release. He then entered some sort of plea, and was sentenced to a term of probation - all of which is something the judge can do. When you are on probation, it is a grace... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a prosecutor change a misremember charge or add to it in Michigan if you don’t agree with Pre trial offer .

Charged with dv1. Have a prior DV at final pre trial stage

Brent T. Geers
Brent T. Geers answered on Jul 23, 2020

Yes they can. If you are declining offers, you are electing a trial - which is certainly your right. However, at a trial, the prosecution can try to prove all crimes you've had due process on (e.g. been arraigned on).

1 Answer | Asked in Criminal Law for Michigan on
Q: I was convicted of arson, and felony firearms. Do I need to petition the courts to have my rights restored?
Brent T. Geers
Brent T. Geers answered on Jul 20, 2020

Yes you will. It can be done after 3 or 5 years upon completion of your sentence (including discharge from probation or parole).

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Why did I get arrested?

I was at my mothers house yesterday and she started swearing at me in front of my kids, I told her to stop and that made it worse. She snatched my phone out of my hands and ran away into the living room where i seen her throw my phone as hard as she could to the ground, i went to to pick it up and... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 20, 2020

The arrest decision was made by police based on their initial investigation. No one beside the officers involved can really say how or why other than they obviously thought probable cause existed that you assaulted your mother. It's a decision susceptible to human error in judgment, which is... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Wasn't given rights to a speedy trial low income is there someone I can contact there's been other misconduct
Brent T. Geers
Brent T. Geers answered on Jul 15, 2020

What do you mean by not having a right to a speedy trial? Delays in getting to trial can be attributed to the prosecution OR the defense, and unless you happened to be a MDOC prisoner at the time, there is no absolute right to have a trial within a certain period of time. What speedy trial does in... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Berrien County has my case all backwards. I have two cause numbers when there should only be one.

I was charged with an additional charge 2 months later. They are saying that I was charged with the drugs first. Then the prostitution...when in fact It was the other way around. I now have warrants and I need to get then taken care of.

Brent T. Geers
Brent T. Geers answered on Jul 13, 2020

When were you arraigned, and on what charges? Just because something happened in a given time sequence does not always mean that's how the charges will reflect it; People can be charged with a crime that happened earlier after being charged with another crime.

1 Answer | Asked in Criminal Law for Michigan on
Q: How could I request court documentation about a case involving me?

As a child, I was a witness/alleged victim in a Michigan court case involving child sexual abuse. I don't have any information as to which court tried the case but I'd like to have access to any documentation I can, especially the results of the test that the prosecution had run to... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 3, 2020

The first step is to find out what court the case was in. If you know the defendant's name, and that person is still alive and in prison, you could do an inmate search, which would indicate what county the conviction came out of. It will also list the case number. Then you could contact that... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: If I am a disabled adult and I was forced into a plea deal about a criminal case what should I do
Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Disabled does not equal incompetent, which has a legal definition. You are presumed competent.

How were you forced into a plea deal? At some point, you had to have appeared before a judge, who asked you (not your attorney) "has anyone promised or threatened you with anything to get...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I pleaded guilty to a misdemeanor but because I didn’t pay, they converted it back to a Felony! What can I do!
Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Not sure there is anything you can do. Sounds like the court did exactly what they told you they would do: if you pay, you get a misdemeanor; if you don't pay, you get a felony. Usually in these types of cases, you entered a plea on the factual basis for the felony; in other words, you already... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: i know someone that was on probation for DUI and possession marijuana and was a misdemeanor 1st offense but they left

state 6yrs ago and has 2 bench warrents because of it..what exactly can be done to avoid jail time?? at one point michigan come for him in georgia and was gonna take him but decided not to because he is diabetic and has high bp

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

The absolute best way would be for him to contact a Michigan attorney local to the court he was sentenced in to arrange a return and surrender. It's doubtful that a Michigan court would extradite him from Georgia for something like this, but if they did, or if he's ever found back in... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I have a neighbor that continues to aim,record,audio,and video wireless cameras on me,my son,my,nephew's,ect,
Brent T. Geers
Brent T. Geers answered on Jun 30, 2020

Are the cameras on their property, but facing your general direction? If they are, I'm unsure if you can do much about that. Now what they are doing or could do with those recordings is a different matter, and could be actionable in some instances.

1 Answer | Asked in Criminal Law for Michigan on
Q: We are down to the wire now Lewis Sanford is set to be sentenced Monday to a prison term of 6 yrs or 10.5 for possession

It's clear the prosecutor completely hates Lewis and has not been open to any negotiating and we feel our 7,000 dollars got us not alot of fight from our attorney but then again we don't know if he has done all he can yet ? Louie is guilty of possession not possession with intent there is... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 26, 2020

There is not a whole lot anyone can do at this point. Your attorney's job at this point is to advocate for whatever terms of the plea agreement and as low of a sentence as that agreement allows. For better or worse, Lewis plead guilty to PWID, not possession. Regardless if there were talks... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the shortest amount of time a inmate has to serve on a 120 month federal sentence? he has almost two years in?

My boyfriend was sentenced sept 2019 and had already been detained since august 2018 his release date has changed from the one listed on bop.gov and it doesn’t include halfway house or home confinement what is the minimum amount of time he will actually have to serve in the bop system if he stays... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

Way too many moving parts in the federal system to give a concise answer here. Best guess is some amount of time less than 120 months. Your boyfriend will get the best answer from his counselor.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a non-violent felony on my record from 2004 in IN.I live in Mi.and have for 15 years.Can I buy and own a gun now
Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

There is a process to have your gun rights restored here in Michigan. Unless you do that, then no.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: am i allowed to buy alcohol while im 21 years old but haven't received my new license
Brent T. Geers
Brent T. Geers answered on Jun 9, 2020

Yes. Your current license has your birthdate on it, and so when they check it, they will know your age.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I attempted to purchase a handgun and was denied by NICS.

I requested the reason why from the FBI and their letter says it's due to a felony conviction in Michigan from 2010. I plead No Contest and the charges of disorderly conduct and assaulting a police officer were expunged after 6 months. Why is that a prevention of my right to buy a firearm when... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 8, 2020

You will need to refer back to your judgment of conviction paperwork to see exactly what happened. Your conviction could not have been "expunged" after 6 months because there is, and has been for some time, a 5 year waiting period before you may make application for expungement to the... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Am I disqualified from owning a rifle? (not concealed carry)

in 2009 I was charged with a felony count of possession of marijuana in another state. the charge was reduced to a misdemeanor after a guilty plea. I am currently able to vote, and do not have any rights withheld.

Brent T. Geers
Brent T. Geers answered on Jun 3, 2020

You should be fine.

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.