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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Michigan on
Q: Is it legal to record domestic assault and abuse against me?

I have video proof of my spouse physically assaulting me (burning and poking me with a red hot metallic chopstick) while continuously accusing me of *multiple* affairs. Now I moved out and filed for a divorce. Can these videos be used as evidence in court?

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

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

1 Answer | Asked in Criminal Law for Michigan on
Q: may need help but first how do i find information from a motion to withdraw a plea? lower case number is 20-274136 FH

Defendant is

Brent T. Geers
Brent T. Geers answered on Apr 6, 2021

Are you asking about the status of the motion or how to do it? For the status, you'll need to contact the trial court or the attorney. For how to do it, you'll need to contact a local attorney who does criminal appeals. There are deadlines and procedures to follow, along with possible... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire aloo

Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire arm towards my vehicle but he didn’t & I panicked and called police, he was arrested two days later. I been trying to figure out what to do and how to drop charges, I had been... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 31, 2021

The reality is that once police and the prosecutor get involved, you lose control over what happens. You can be compelled to testify, and if it comes down to it, the prosecutor will request a material witness warrant for you.Will they do it? Who knows. A lot depends on not only what your fiance is... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: So I wanted to know if this is true that if the court or a ticket has your info wrong you can get the case thrown out
Brent T. Geers
Brent T. Geers answered on Mar 31, 2021

Not necessarily. If the information is sufficient to know it's you, anything else can be corrected.

1 Answer | Asked in Criminal Law for Michigan on
Q: I bought some items from a friend who was splitting up with his wife. I had these items at my house

My girl let the ex wife take my property. She says it was stolen from her with no police report. What do I do

Brent T. Geers
Brent T. Geers answered on Mar 25, 2021

How much do you want the stuff? This all sounds like other people's mess that you do not want to welcome into your life. If it's about money paid, take it up with your friend. But otherwise, I'd suggest you let the stuff go, and let your friend and his ex deal with their issues.

1 Answer | Asked in Criminal Law and White Collar Crime for Michigan on
Q: I think I'm looking at wire charges for not claiming my checking assets went over 2k during a recert am I going to jail?

I was in the mental hospital for being suicidal for about a month. I was left homeless & got a room to rent that had bed bugs & mice & my Dr changed my meds. I was stressed. I went to my credit union to discover I had 3100 & 600 was the stimulus. I had about 1200 on EBT because I... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 25, 2021

It's hard to say what may or could happen. Most likely the worse you are looking at is welfare fraud, which is a felony. Generally, it's better to come forward to your case worker before he or she finds the issue and assumes you were trying to defraud the state; you can amend the... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for Michigan on
Q: What type of a attorney do I need

I have a 39 year old son who is currently in Rehab, Multiple drug charges, Who thinks that because his name is on my my home, has never paid a dime, expects me to give him the house for him and his girlfriend and her children, he has already aggressively assaulted my daughter over the girlfriend,... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 19, 2021

You may want to contact Adult Protective Services for referrals to community resources - including attorneys - that might help. You will likely either need to force a sale of the home or get him to agree to have his name removed from the home. I'm not sure what you mean by the restraining... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Can I be prosecuted for assault when I told a drunk to leave my property several times and he refused to leave?

Told drunk to leave my door several times, he refused, it got physical, he kicked my storm door in. I was charged with assault, while in my home, a month later. He was arrested for dui and trespassing that night. Local prosecutor is trying to silence me. I had been disagreeing with her prosecution... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 16, 2021

Do you have an attorney? I probably don't need to tell you that you're not going to get very far with the approach you are taking. Focus on your case and your set of facts; It will get you nowhere talking about what the prosecutor could've, would've, should've with other... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: I have video proof of girlfriend threatning to make false allegations against me. What can I do?
Brent T. Geers
Brent T. Geers answered on Mar 15, 2021

Sounds like you have all the evidence you need to determine whether you should continue to be involved with this person. For now, keep what you have in case you need it later. Just know that you continue to engage in a back-and-forth, the court may have equally as short of patience with you as with... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: What happens if the accused was not given a preliminary hearing on a murder charge?

But if they were not offered one and was convicted what could happen to the case?

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

This would be highly unlikely to happen. The accused may - and often times do - waive the preliminary hearing.

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Michigan on
Q: For which types of warrants is a police officer required to posses the warrant?:

civil infractions, petty-misdemeanor, non-violent misdemeanors, non-violent felonies, etc... .

Brent T. Geers
Brent T. Geers answered on Mar 12, 2021

With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.

1 Answer | Asked in Constitutional Law, Criminal Law, Traffic Tickets and Gov & Administrative Law for Michigan on
Q: Does the 4th amendment govern the possession of a warrant by a police officer?

webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.

Brent T. Geers
Brent T. Geers answered on Mar 12, 2021

The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Michigan on
Q: What requirements must be satisfied under the 4th amendment by the government? Please list.

unreasonable search and seizure; probable cause; warrant; etc.... .

Brent T. Geers
Brent T. Geers answered on Mar 12, 2021

Your question is much to broad. The 4th Amendment is the subject of new case law nearly every week. But very broadly, a search or seizure must come about after reasonable suspicion or probable cause.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I purchased 2 long guns in 2016 They were reported stolen in 2020

I purchased 2 rifles in 2016, in 2020 they were reported stolen. The owner says I'm at fault even though when I purchased them they were not reported stolen. They were reported stolen in September 2020 4.5 years after I bought them.

Michael Zamzow
Michael Zamzow answered on Mar 9, 2021

There's not a question that I can see, but you've presented facts that suggest you want to know about bonafide third party purchasers for value. If you are without notice that the guns were stolen, when you purchased them, then you might grounds to keep the rifles. Depending on where... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm getting charged with larceny from a building it's my first time getting into trouble im 33 should I hire lawyer

I'm clueless on what to do and scared I'm a single father of 2 which 1 lives fulltime with me mom isnt around and he is 12. I'm self employed and just worried about sitting jail time

Brent T. Geers
Brent T. Geers answered on Mar 9, 2021

This is a serious matter as you are charged with a felony. Regardless of jail time, having a felony carriers a number of long term consequences.

You are likely entitled to an attorney at public expense. I will go against the grain a bit and suggest that you ask the court to appoint an...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I block my criminal record from public?
Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

You might be eligible for an expungement which could solve that problem. Contact a Criminal Defense attorney about your record.

1 Answer | Asked in Criminal Law for Michigan on
Q: Are storage unit owners liable for theft of my property from their unit, if they are not doing their due diligence?

I used a storage facility that is self service for many years. Last week, my car was stolen right out of the storage yard and I was notified several days later. The facility does have a gate surrounding it, however if you approach the front gate on car or foot, it opens automatically. No ID or... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

Maybe.

On the one hand it depends quite a bit on the agreement you have with the storage provider, and on the other hand the role the storage facility had in the event, if anything.

1 Answer | Asked in Criminal Law for Michigan on
Q: how much would it cost to get a case checked by a lawyer after conviction to see if it makes sense to go to court again?

we were told he has to serve his minimum sentence and his ERD is 2033. my friend says he just needs a lawyer and he will be free within 1 year. i don't want to get his dad's hopes up if there is no way he can go home sooner.

Brent T. Geers
Brent T. Geers answered on Feb 19, 2021

Every case is different, but let's look at statistics: the Court of Appeals takes action on probably less than 20% of criminal appeals. Of those, very few result in a conviction being over-turned. Without knowing the particulars of the crime, the applicable sentencing guidelines, or whether he... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Michigan on
Q: I live in Michigan. Can I have my aunt hold on to my prescription of norco for me since I think roommates steal them?
Brent T. Geers
Brent T. Geers answered on Feb 18, 2021

It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I live in Coldwater Michigan and I want to get my gun rights restored, but my convictions are in NJ & NY what to do?

Last conviction was April 29, 2004! Do I apply here in Coldwater Michigan or do I apply in NY & NJ?

Brent T. Geers
Brent T. Geers answered on Feb 17, 2021

You would need to apply here in the court you were convicted in. That will restore your gun rights while you are in Michigan. However, if you want to purchase firearms from a dealer with a federal firearms license - including Cabelas, etc., - you will need to complete a similar process in NY, NJ,... Read more »

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