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Michigan Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Michigan on

Q: Is it to late?

My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »

Gary Kollin answered on Sep 6, 2019

Sorry

1 Answer | Asked in Criminal Law, Wrongful Death and Domestic Violence for Michigan on

Q: My husband was beat to death in our home. Can I sue for wrongful death?

Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?

Gary Kollin answered on Sep 3, 2019

Sue who?

1 Answer | Asked in Criminal Law for Michigan on

Q: How to get 2nd amendment rights back after having two felonys?

Have a friend who got 2 felonys over 10 years ago for home invasion and conspiracy to home invasion, was guilty by association and charged as an adult at 16. He would love to teach his kids how to hunt and protect his family, hasn't been charged with a crime since the initial incident. How would he... Read more »

Gary Kollin answered on Sep 2, 2019

By obtaining pardons. It is done in the state of conviction

1 Answer | Asked in Criminal Law for Michigan on

Q: I have a felony conviction can it be reduced to a misdemeanor?

Brent T. Geers answered on Aug 20, 2019

Extremely difficult and unlikely. It would take cooperation from the prosecutor. Why not just ask for an expungment?

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on

Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Brent T. Geers answered on Aug 20, 2019

Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with preponderance of... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on

Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Daniel Hilf answered on Aug 20, 2019

Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on

Q: Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown) my mom got scared

With My dad not being there so she called the police by the time they got there the fight was well over and I was given a domestic violence charge no one is dropping charges and everyone hopes for it to be expunged I have arraignment court in a week and wonder how I should handle all this

Gary Kollin answered on Aug 7, 2019

I, for one, am unwilling to spend the time figuring out what is asked when the inquirer was unwilling to write in separate sentences and expects the lawyer to decipher the run on sentence

1 Answer | Asked in Criminal Law for Michigan on

Q: How can I find out if an arrest warrant has been issued to me if I am in another state?

I have been contacted by police via phone about an incident which occurred in Michigan. I am now in another state. How can I find out if an arrest warrant has been issued to me?

Jeffrey Buehner answered on Aug 6, 2019

Some courts have their register of action online at https://micourt.courts.michigan.gov/CaseSearch/Terms?ReturnUrl=%2FCaseSearch%2FCourtSelection

If you can't find it online, you can also try calling the district court where the offense allegedly occurred.

1 Answer | Asked in Criminal Law for Michigan on

Q: I am a father of a teen that was assaulted by a drunk adult

Group of teens were being loud near a pond and a Drunk adult* assaults a teenager. He pushed , poured beer & then threw the can of beer at the teenagers. He then grabs a metal bar & threatens the kids to leave or he will grab his 45 . Father of teen is called & runs to the scene with a bball... Read more »

Brent T. Geers answered on Aug 1, 2019

Significant material facts are missing here. The questions reads like "there I was walking down the street and next thing I know I'm being charged with drunk driving". If I had to guess and read between the lines here, it sounds like this drunk adult was on his property. The teenagers either... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: I hired an attorney to sue a moving company that their three movers stole my 4 ft jewelry box full of my life collection

Court date is Aug 29th but the case evaluation was this week and they recommended a $6,000 judgement. We were asking for $22,000. The 3 suspects all had criminal backgrounds I found out through the police report. My attorney just wants to settle for that but I do not. I want my day in court. Is the... Read more »

Daniel Hilf answered on Jul 26, 2019

Do you have a fee agreement with your lawyer? That will dictate what you and your lawyer's financial and other obligations are.

You have a right to have a trial. However, you should talk to your lawyer about the advantages and disadvantages of having a trial. There may be a financial...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Internet Law for Michigan on

Q: My Ex-wife and I that live together have been constantly harassed for 6yrs,online,public and want it to stop. How?

I divorced my 1st wife in 2012, married my current ex-wife in 2014 and my 1st ex and my daughter(18) keeps harassing in public, online, my own family now involved and all their friends. I have had cease and desist letters sent out, told them I don't want contact and they still do. Have posts all... Read more »

Kenneth V Zichi answered on Jul 25, 2019

The 'solution' would seem to be a personal protection order. Investigate that to determine if you have enough evidence to proceed with a local family law attorney.

That said, appreciate that a PPO is only a court order. If your ex continues to violate that order, it would require further...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on

Q: Can a plea deal be appealed after you're sentenced?

I took a plea deal for domestic violence in a case i was innocent of, my court appointed attorney advised me to because my ex wife and her friend would make up any story they could to get me in trouble, can I appeal it?

Daniel Hilf answered on Jul 24, 2019

If you plead guilty, you can have a lawyer file an Application for Leave to Appeal with a higher court (if the request is made timely). The higher court will look at the Application for Leave to Appeal, and decide on the Application alone whether or not the Court will hear the appeal. In most... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on

Q: How can I obtain a copy of court records about my son's case? Is there anything that can be done?

My son is serving time for CSC 2nd degree. At the alleged time of allegations he was 16. Jail until 17/18 then charged. His name is incorrect and date of birth on court records. He was charged as a minor (13/14) for CSC and record was closed. When he was arrested he was 16 years old and treated as... Read more »

Gary Kollin answered on Jul 15, 2019

Contact the clerk's office

1 Answer | Asked in Criminal Law for Michigan on

Q: How you doing I want to turn myself in on a criminal charge how do I do that

Adam Alexander answered on Jun 22, 2019

I strongly suggest you consult with a lawyer before turning yourself in. A lawyer will need to know the charges, possible defenses, the jurisdiction and whether you have any priors before giving you advice.

2 Answers | Asked in Criminal Law for Michigan on

Q: I have a sister,71 from Detroit with outstanding warrants. She’s been homeless several times there. Need advise.

She’s had some drug addiction, medical issues, outstanding medical, Energy, housing bills and collections. I’ve moved her in with me to straighten her out, pay some of her debt, get her health in order and deal with her criminal record that stems back to 2011. There are 16 warrants and I... Read more »

Gary Kollin answered on Jun 21, 2019

Advice is you can hire an attorney for her

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1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on

Q: Do I have a case ! When my child’s father girlfriend sent a video of me doing sexual things to people without my consent

What should I do next? I want to make a police report next

Brent T. Geers answered on Jun 18, 2019

Your's is a very fact-dependent situation. How did she get this video? Who took it? And where were you when this was being done? If you had no reasonable expectation of privacy when this video was made, or you consented to being taped and the video subsequently fell into her hands, I'm not sure... Read more »

1 Answer | Asked in Traffic Tickets, Bankruptcy and Criminal Law for Michigan on

Q: i was pulled over for speeding over 10 years ago, no proof of anything , and they found a $5 bag of weed 2694140856

DWOL CASES EVERY SENSE

Timothy Denison answered on Jun 17, 2019

What is your question?

2 Answers | Asked in Criminal Law for Michigan on

Q: I let a girl borrow my car. She stole $510 out of my purse. Can I press charges?

Gary Kollin answered on Jun 10, 2019

Yes. Why not?

The question would be why would you leave your purse in the car especially when it had $500 in cash.

How did you get your ourse back with your ID, the keys and the car?

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1 Answer | Asked in Criminal Law for Michigan on

Q: If John says it is okay if a minor to come over to his what can he be charged with

John talks to a minor online she wants to come over just to hang out nothing more than that but she does not make to John's house can he be charged with anything

Gary Kollin answered on Jun 7, 2019

I have no idea what you are asking

1 Answer | Asked in Criminal Law for Michigan on

Q: Is it legal for just a magistrate to sign a search warrant?

Friend had gotten a search warrant and someone else that was in the same roof had gotten arrested. My friend had read the search warrant and found a signature that was above judge/magistrate and the judge was crossed out.

Brent T. Geers answered on May 27, 2019

It's very common for search warrants to be signed by a magistrate, and they do have the legal authority to do so.

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