Michigan Criminal Law Questions & Answers

Q: Sentenced 90 days of kpep how can I get released due to disability

1 Answer | Asked in Criminal Law for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
You would need to address your concerns to your probation officer. Be advised that KPEP and other such diversion programs are well prepared to accommodate disabilities.

Q: Is it illegal to take a pic @ work of someone's butt crack, without them knowing, and then show the pic to a group?

1 Answer | Asked in Criminal Law and Communications Law for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Whether done in jest or not, Michigan does have a criminal statute about taking pictures of an unclothed person without consent. For this particular situation, it would need to be factually determined whether what is shown in the picture meets the criteria for being "unclothed". As crazy as it sounds, the law does provide guidelines about what is considered unclothed.

The other issue to consider is what was the employee's reasonable expectation of privacy? Very generally, people are...

Q: My friend borrowed my car to go out of state and sold my car instead of returning it to me. What do I do?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Jan 11, 2019
Jeffrey Buehner's answer
You should file a police report. If your 'friend' sold your car, that's a crime.

Q: Is the 21 day rule still in affect in Michigan under "the right for due process?"

1 Answer | Asked in Criminal Law for Michigan on
Answered on Jan 2, 2019
Brent T. Geers' answer
Criminal procedure involves a number of dates and timelines. I am unaware of a 21 Day Rule; and certainly unaware of one whose violation would require dismissing charges. If you are referring to what is commonly known as the Speedy Trial rule, you should know that many exceptions exist, and that if the issue is pursued, it could lead to a bond hearing where the judge would have to indicate reasons for keeping a bond in place (obviously if the person in incarcerated pending trial), and it could...

Q: I would like too know why I have a life time GPS where others who have worst cases than me have them removed.

2 Answers | Asked in Criminal Law for Michigan on
Answered on Jan 1, 2019
Gary Kollin's answer
The first person you should speak to is your attorney

Q: I have a friend of mine that jumped felony probation and he wants to turn himself but he wants to get his GED and trade.

1 Answer | Asked in Criminal Law for Michigan on
Answered on Dec 10, 2018
Brent T. Geers' answer
Without knowing more about the underlying case and his history on probation, no one can tell you exactly what he is looking at. He almost assuredly will have the HYTA status revoked, which means that he will have a public felony record.

Q: what is the title 18 u.s.c jurisdiction act about? Could you explain it more to me?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Dec 9, 2018
Gary Kollin's answer
There are too many parameters to advise.

If he is in federal custody he has the ability to conduct legal research

Q: How can you prove innocence in a probation violation if the police only took one side of the story and turned it in?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Nov 30, 2018
Daniel Hilf's answer
You need a lawyer to help you. A probation violation, if admitted to or proven, could lead to incarceration.

Your lawyer will obtain a copy of the violation against you, which may contain more specific information concerning the date, time, and location of the alleged violation(s). There may be evidence to contract your ex-wife's account, such as: phone records (with cell phone tower location(s)); alibi witnesses; business records (time cards); etc.

Certainly your ex-wife may...

Q: What's the punishment for a 25 year old female hitting a 17 year old female.

1 Answer | Asked in Criminal Law for Michigan on
Answered on Nov 9, 2018
Daniel Hilf's answer
Presuming that there is no type of aggravating injury, the maximum penalty for assault and battery is 93 days in jail and/or up to 2 years of probation. However, the Judge is not required to impose any type of jail if a conviction occurs.

Q: How long can you be held in jail without being proven guilty?

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Answered on Nov 6, 2018
Brent T. Geers' answer
This is actually a fairly complex area of the law. Generally, your boyfriend could push for a personal recognizance bond after six months, but the judge can then simply state reasons on the record why bond should remain and in what amount. The long and short of it is that there's really no set time for how long charges can remain pending, and there could be ample reasons why it's in your boyfriend's best interest not to push things too quickly.

Q: Is there a criminal attorney that can help me and take payments???

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Answered on Nov 3, 2018
Timur Akpinar's answer
A attorney who practices criminal law might have a better chance of picking up your question and providing meaningful input if you reposted with a little more information. People posting questions don't identify themselves, but they describe the nature of their matter.

Tim Akpinar

Q: Can my original video testimony be used during trial if I dont take the stand

1 Answer | Asked in Criminal Law for Michigan on
Answered on Nov 2, 2018
Jeffrey Buehner's answer
It is unclear what you mean by 'original video testimony.' If you testified at the preliminary examination, yes that can be used during the trial irrespective of whether you testify at trial. If you testified at an evidentiary hearing, that generally can't be used, but in certain circumstances it can be used for limited purposes.

If you are referring to a recorded statement that you provided to the police, that can be used against you unless the judge finds that the statement was taken...

Q: Can you help Or should I have an Attorney during questioning

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Answered on Oct 28, 2018
Derrick E. George's answer
Get an attorney at this point.

Q: How can the court take my minor child

1 Answer | Asked in Criminal Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
If your son is in a detention facility, then he is accused of committing a crime or offense against the juvenile code. He will remain there either because of his behavior or because of the home situation. You should consult with your son's attorney or probation officer about what needs to happen for him to return home. They will both tell you though, as will the judge, that the court can keep him in detention.

Q: What to do if someone lies about an assault charge against you? Invest is set for Tues. My friend needs help quickly.

1 Answer | Asked in Criminal Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Your friend is criminally charged with a fairly serious offense. The prosecutor, in the interim, must prove that it's more likely than not (51% versus 49%) 1) that a crime occurred, and 2) your friend had something to do with it; ultimately, the prosecutor would need to prove beyond a reasonable doubt that your friend committed this crime.

Your friend has nothing to prove. He has the absolute right to demand a trial and for the prosecution to prove their case. He should do this in...

Q: My son is 15 being charged with resisting arrest and disorderly,tested positive for marijuana

2 Answers | Asked in Criminal Law for Michigan on
Answered on Oct 11, 2018
Adam Alexander's answer
More facts are required to provide you with an accurate answer. I urge you to retain a lawyer to defend your son as soon as possible. I suggest you find a lawyer who regularly practices in the court where the charges were brought.

Q: How serious is it to hack and install spy software on someones phone for a first time offender?

2 Answers | Asked in Criminal Law for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
If you have been charged with this, you'll need to consult with a lawyer about what you're looking at. If you're looking for criminal charges on someone else who did this to you, file a report with your local police department, and let them and the prosecutor's office handle it. If you are contemplating doing this, don't! There is a whole host of criminal charges and penalties that could result. Whatever information you'll be able to discover is not worth the price you'll pay.

Q: Got denied visits for minor misconduct

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
It sounds like the MDOC is using subsequent misconduct to deny restoration of visiting privileges. That is very different from an initial determination. In a nutshell, they are saying "our policy wouldn't allow us to take away visitations for this latest ticket, but because of this latest ticket, we're not restoring visitation".

Q: My brother and fiance are dealing with very serious accusation by detectives and police about their baby, who can help

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Health Care Law for Michigan on
Answered on Oct 1, 2018
Gary Kollin's answer
They need legal advice (with a "c"). A lawyer advises and provides advice.

Who are you going to call? You surely cannot call GHOSTBUSTERS.

Who do you call when you need legal services? Yes, you know. You contact a lawyer.

So you contact lawyers and seek to retain a lawyer

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