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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: Question. I have like four felonies in my record non-voilent from 15 years ago?

Is there a way to seal my record & not expungement? Also, can I apply for a CCW? Mixed answers. Some say after I did my time & waited 5 years I can. Thank you,

Timothy Moore

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

An attorney will need to review your record to determine actual dates, charges, and your eligibility. Generally though, you will be ineligible with four felonies.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan on
Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 14, 2021

You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: public defender told me that I should take the deal because I'm a black man in Allegan,MI I will be convicted legal or n
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

That is not a reason to plea to something you are not guilty of. You should ask the attorney what are the elements of the crime you are charged with. Then, you must ask yourself whether there is sufficient evidence of those elements. Remember, evidence can be in the form of witness or victim... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: If I violate felony probation (In Michigan), can I receive more time for the violation than the underlying charge?

For instance, I received probation for committing a first degree retail fraud that has a maximum penalty of 5 years in prison. Prosecutor added a 4th habitual offender enhancement to it raising the maximum penalty to 20 years. My minimum sentencing guidelines for the retail fraud with 4th degree... Read more »

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

The guidelines continue to be relevant for sentencing. You are right that you've subjected yourself to another sentencing. The judge will take into account your properly scored guidelines at the time of your original sentence, any time you served, and the nature of the probation violation.... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal for an Adult to be friends Minors in Michigan.

I'm a 19 year old adult and I have some friends that are 15/16/17. I just wanna know if I can just genuinely like be their friend without any legal issues. I know that I cannot give them any illegal items or try anything sexual with them. But just as like a point of just hanging out with them... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 28, 2020

Not necessarily illegal, especially if you have an existing relationship with them. Just be aware that as you get older, people expect more from you. You are now legally an adult, and so if anything were to happen, people are going to look to you as the person who should have stopped it or known... Read more »

2 Answers | Asked in Criminal Law and Probate for Michigan on
Q: My son is 13 and he keeps finding a way to smoke weed. Can I put him on probation?
Trent Harris
Trent Harris answered on Dec 21, 2020

Probation is something that's part of a criminal sentence. If you want your son to have a criminal record, you can make a police report. Then the police and prosecutor can find a way to charge him. It could also get you a visit from Child Protective Services. Those things may not work out so... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: What if any crime is the result of consistent and intentional harassment? Eight years worth so far

I’m being approached by messengers telling me that this male plans to never stop plus he hates me. He lies to justify his actions by telling others that I broke into his home 2019 and I robbed him at gun point 2020. This started after my rejecting all of his advances to spend time with me away... Read more »

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

To start, you should petition the court for a personal protection order.

1 Answer | Asked in Criminal Law for Michigan on
Q: How much trouble could I get in if I contact my ex girlfriend?

My ex broke up with me. I sent her messages daily about the way she treated me from early May to late July. She did go to the Police near the end but nothing happened. She showed up at my moms house with her friend and one of them threw a flower pot at the house. She then changed her phone number.... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 11, 2020

You need to rethink your approach here. You - not her - will end up with the short end of the stick here. You could find yourself subject to a PPO, or worse, being arrested.

Look, the relationship ended; it's unfortunate that apparently she is unwilling to hear you out and bring a more...
Read more »

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Michigan on
Q: Legality of bicycling on breakwater in Marquette, Michigan

The breakwater is public and often visited by pedestrians. No signs on the premises make mention of pedestrians or otherwise, only that one may not damage federal property.

Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. This does not appear to involve maritime law. If there is no signage, it could be difficult to determine what the exact rules would be. One option could be to check with local lawmakers, officials, or land-use... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Interesting... What is the basis for the habitual offender status? I have yet to find any other previous or subsequent.

I also don't see any citation which makes authorizing a sexually active youth to take some condoms, after being directly asked by same. There is no age limit on condoms. Why is this case posted publicly without permission?

Kenneth V Zichi
Kenneth V Zichi answered on Nov 18, 2020

You are clearly asking questions that require specific advice about an ongoing case. That is not possible in an open forum like this. Please seek local legal representation from a licensed attorney.

-- This answer is offered for informational purposes only and does not constitute legal...
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1 Answer | Asked in Criminal Law for Michigan on
Q: what we do if a judge put untrue statements in his verdict?
Brent T. Geers
Brent T. Geers answered on Nov 15, 2020

A judge may opine about evidence, facts, and testimony properly presented. Importantly, that means they can determine one witness's "truth" may be more truthful than another witness; that's called credibility. If there is reason to believe a statement, I'm not sure what... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: If a 2nd degree arson charge drops from 53-81 months to 3rd degree arson 0-5 months do I stand a good chance of winning?

This was my own home and we had no insurance so we lost everything and I was the one that called 911 there's no ignition Source or accelerant they don't even know what started the fire I assumed I am being charged because I was the only one there at the time so they tried to make me plea... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 10, 2020

You should first check with your attorney to determine your guidelines on each charge. 2nd degree arson is a 20 year felony, and 3rd degree arson is a 10 year felony. I doubt that if your guidelines on a 2nd degree would 51 to 83 months, that they would drop that significantly down to 0-5 months.... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: What can we do about this case?

The situation is this kid on Instagram he is apparently 18 and from Canada. He asked girls for their nudes and insulted them when he didn’t get them. He got exposed for this and then he disabled his account and send all of the nudes he had of these girls to random accounts on his spam page, I... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 7, 2020

If you believe a crime occurred, you should contact your local police department and file a complaint. The police - particularly state police and federal law enforcement - have the necessary resources to investigate this. A lot will depend on how old the girls were and what was said in these... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Michigan on
Q: is 250,000 dollar bond excessive for a possession of cocaine charge in michigan?

the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 7, 2020

There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.

$250,000 is on the high end for a...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Currently charged with a second offense.

Currently charged with my second offense. I don’t know how it’s possible when A. It was self defense. B. I have video evidence of HIM assaulting me. C. I have 5 wounds and photos of them, he has one from when I tried to get him away from me. D. He was in our infant’s bedroom. I was trying to... Read more »

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

For purposes of just getting straight to the point: your first sentence ("Currently charged with my second offense") sort of tells the story.

Nothing will happen until you are arraigned; there is likely a warrant out for your arrest and so it would benefit you to address that now...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I am looking for an attorney to tell me the process of trial one a gag order has been issued and the fair trial process.
Brent T. Geers
Brent T. Geers answered on Oct 21, 2020

If you are approaching trial, and one with a gag order in place, you need an attorney right now. There is a saying: "a person who represents themselves has a fool for a client". Attorneys hire other attorneys to represent them in trials. Don't go this alone or try to piece meal... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Does an application to expunge a felony, go by the original charge?
Brent T. Geers
Brent T. Geers answered on Oct 19, 2020

An expungment is of the convicted charge; it does not matter what a person was originally charged with.

1 Answer | Asked in Criminal Law for Michigan on
Q: i was pulled over for just driving down the road..bysame officers whom pulled me over in my yard the day before legal

and i didnt do anything wrong at the moment till when they pulled me over..My friend gave me his mom registered gun to bring back to her in a case unchambered and i got charge carry a concelded weapon.. They think i had info on friend whom got raided 10 days prior.. I told them i have no idea... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2020

What is the question? I don't doubt you were being followed, and the police were just looking for reason to charge you with something. Whether it's "harassment" really depends on whether they had legal reasons to stop you each time. It sounds like they did, at least for the time... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: In the state of Michigan, how many days can a defendant be held without a preliminary hearing being conducted

My fiance was arrested based on a report I can prove is false. Because of his history from 20 years ago, and the fact that he is on parole, he was given an unreasonably high bond. He has now been held 48 days since the original charges and 45 days since the secondary charges of resist and... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

Something unusual is happening here...I'm wondering if he has been actually arraigned on these charges as opposed to just being picked up on a parole violation. If he was arraigned, he would have needed to consent to waiving the 21-day rule by this point, or waived his prelim. Making matters... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Michigan on
Q: I was tried as an adult at 16 on a drug charge, should I sue the state for sending me to prison underage.
Brent T. Geers
Brent T. Geers answered on Oct 5, 2020

I don't think you have a valid claim to sue the state for sending you to prison on an adult conviction. Many people under 18 are incarcerated in prisons in Michigan as well as just about every other state.

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