Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Gaming for Michigan on
Q: Legal question about casino incident and arrest legality in Michigan.

I was at a casino where I was told by a worker I would need to leave for 24 hours if I swore again after I made a comment about their games. I didn't swear again, but called the worker a "mean little troll." She claimed I used a bad word with "troll" and called the police.... View More

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2025

Here's the thing everyone needs to understand: this isn't a TV show or movie; cops don't have to Mirandize you or even really explain anything to you. On the street (or in this case, in the casino) is not the time to plead your case.

You're probably right that there...
View More

2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 19, 2025

If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.

The criminal matter should be referred to the police. You could sue him based upon the threats of arson...
View More

View More Answers

2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2025

OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?

I concur to the extent there are threats of criminal activity, you need to contact the...
View More

View More Answers

1 Answer | Asked in Criminal Law for Michigan on
Q: If I fire my attorney 2 weeks before a jury trial, and the judge refuses to adjourn, what options am I left with?

Hello,

I have a family member who is being charged in the State of Michigan with 3 counts of Criminal Sexual Conduct (3rd degree). We are approximately 2 weeks away from jury trial, and his current attorneys are completely unprepared and do not have a strategy to defend him. We would like... View More

Brent T. Geers
Brent T. Geers
answered on Feb 12, 2025

A lot of these "what ifs" can be answered only by local attorneys familiar with this judge. Your family member can certainly hire another attorney. However, the judge can deny an adjournment. The judge could also refuse to allow the current attorney to withdraw.

With just two...
View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I recently plead no contest to an assault and battery charge , wanted to know how are they able to make me surrender CPL

Considering I’m innocent , I know I plead no contest but I don’t understand how I have to surrender my CPL can I appeal that ? And if so how can I appeal that it

Brent T. Geers
Brent T. Geers
answered on Feb 12, 2025

They don't need you to physically surrender your CPL. It'll just be noted in LEIN, and so if you encounter police, they will know you don't have a valid CPL.

There is nothing to appeal. You plead no contest. Your lawyer should have explained, as did the judge, that a no...
View More

2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: If your on felony probation in michigan, do you have a right not to get a phone by choice?
Brent T. Geers
Brent T. Geers
answered on Jan 25, 2025

You generally are required to keep in contact with your PO. That roughly means that he or she should be able to communicate and hear back from you in a reasonable amount of time (think no more than 24-72 hours).

A judge will hold YOU accountable for this. If you choose not to have a phone,...
View More

View More Answers

1 Answer | Asked in Criminal Law for Michigan on
Q: Can my aunt file criminal charges on me?

Okay, so basically my GMA asked me to move in with her so I did I became her dpoa and she put me as an authorized user on her credit card. Well my aunt has tried to say I stole over 200k from my grandmother even had me investigated by the police and adult services they did their investigation and... View More

Dana B. Carron
Dana B. Carron
answered on Jan 13, 2025

She can go to the police again regarding this, however, it will be up to the police and the prosecutor's office (and not her) whether they want to pursue charges. If the police closed out the case before, they will likely do so again unless the evidence that they are presented is... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is my friend able to get criminally in trouble for this?

So my friend was hanging out with another one of his buddies. We'll say Friend 1 and Friend 2. Friend 1 texted friend 2 and asked him to hangout, and he said yes. Friend 1 got in the car of Friend 2, and he started driving to the bank. Friend 1 asked, why are you going to the bank? Friend 2... View More

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2024

Under the facts as you present them, probably not. The question is what did Friend 1 actually do? It doesn't sound like he would even know whether a deal went down in the time he was out of the car.

Where Friend 1 would get in trouble is when police get Friend 2 and say "we know...
View More

1 Answer | Asked in Criminal Law for Michigan on
Q: How to support the dismissal of (2) domestic assault charges with prejudice?

How to support the dismissal of (2) domestic assault charges with prejudice?

We have a case of 2 domestic assaults that went to trial. One of the accusers (witness) was not served a subpoena and did not show to the trial. The prosecutor discovered that the subpoena was sent to the wrong... View More

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2024

I'm not sure you'll get a dismissal with prejudice under these facts. But I'm also not sure why the prosecutor relied on email to serve this subpoena....it seems to me the judge should be having some words with the prosecutor about going through voir dire without confirming service.... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I recently rented a car at enterprise . I knowingly allowed my friend to drive the car . The car was then stole from him

And I opted out to have the insurance when signing the contract . There is a criminal investigation taking place as we speak . The car was recovered as it was in a while speed chase after a supposed shooting incident . What can happen to me if I don’t tell the police who had my car ? Am I at fault ?

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2024

Here's the thing: ordinarily, intervening criminal activity (e.g., the car being stolen) would relieve you of liability for damages. However, when you rent a car, you are signing a contract making you responsible for that car. When you let someone else use the car, Enterprise will likely hold... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to find out why oneself is in Law Enforcement Information Network?

How does one find out if the information about them in Law Enforcement Information Network (LEIN) is accurate?

Brent T. Geers
Brent T. Geers
answered on Dec 5, 2024

There is no way to publicly review it. LEIN gets its information from courts and other law enforcement agencies. IF there is an inaccurate entry, it must be corrected in the court reporting it.

Think of it like a credit report: Just like Equifax or whichever credit reporting agency...
View More

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I have a felony and I want to know how long do I have to wait to get it off my record …

I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a bounty hunter looking for my son enter my home without my permission?

I have allowed (3) searches, because they were intimidating. He told me he would arrest me if I didn't let him in. And that he would put my dogs down if I couldn't control them. They also broke the door on a motorhome that that does not belong to the person they are looking for.

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

You should report this to the police. First, bounty hunters are not police and have no authority to arrest, search, or seize you. They CAN ask, and you can consent, to search your home. Did you secure a bond through this company for your son? In some circumstances, you may have contractually agreed... View More

1 Answer | Asked in Municipal Law and Criminal Law for Michigan on
Q: Do I have a case and how would I go about it?

I got a dwls and was given a 5k cash bond with no option for surety. No factors of flight or public safety were enumerated by the magistrate at arraignment. And I have strong ties to the community and have always shown up to court in the past. The DA was perfectly fine with a PR Bond

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2024

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this...
View More

2 Answers | Asked in Criminal Law and Federal Crimes for Michigan on
Q: what will my boyfriend get for his fidsf drjug offense

my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court... View More

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2024

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

View More Answers

1 Answer | Asked in Criminal Law and Car Accidents for Michigan on
Q: Where do I find information on plea agreement process , pro and cons, and understanding? for circuit court Macomb county

I am looking for information to help myself and my friend who has a court appointed lawyer for serious criminal charges. He is more than likely going to be offered a plea...I'm looking for information so ,my friend knows what options could be offered and knowing his rights.

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2024

It's a negotiation, like any other wheelin' and dealin', except when it comes to the criminal process there are two parts: the charge(s) and the sentencing. You must take an honest, objective look at the facts at hand: what can the prosecutor prove. This is where lawyers come in... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What rights does my minor child have when accused of committing a crime?
Brent T. Geers
Brent T. Geers
answered on Aug 2, 2024

Minors have substantially similar Constitutional rights as adults. That means if your child is accused of a crime by police, they should be instructed, as adults should as well, to 1) remain silent and 2) request an attorney (and their parents).

Just like adults, what your child says in...
View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I was pulled over because my license plate number matched an out of state plate number from a stolen plate or vehicle.

This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
View More

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.