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Michigan Criminal Law Questions & Answers

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.

1 Answer | Asked in Criminal Law for Michigan on

Q: Is it truly possible to get a trespassing charge dismissed?

I went to the local McDonalds where I placed my order for fresh food. Was given cold food. Asked to drive back around for fresh food. Get back to the window, given same food. Ask for a refund was given partial refund. When told manager she didnt give the correct refund. She threatened to call the... Read more »

Brent T. Geers answered on May 25, 2019

"A person who represents himself has a fool for a client." Trained attorneys hire other attorneys to represent them when they find themselves in trouble. DO NOT attempt to run a jury trial alone. You need to contact a local criminal defense attorney quickly, or ask the court to appoint you one.... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: My son was questioned by the Sheriff's Dept. in Port Huron regarding allegations made of sexual abuse by his daughters.

Is it advisable for him to submit to a polygraph test & when should he contact an attorney? He has not been charged. He cannot afford an attorney so any advice you can offer is greatly appreciated.

Gary Kollin answered on May 18, 2019

He cannot afford not to retain counsel which should have been done yesterday

1 Answer | Asked in Criminal Law for Michigan on

Q: Could I face jail time for malicious destruction of property if it is listed as $200- $1000 and i have a clean record?

I was arrested, given a ticket and let out of jail in maybe 30 minutes on a personal bond. I now have a court date scheduled and because I’ve never been in trouble not sure what’s going to happen. I live in Macomb County btw..

Jeffrey Buehner answered on May 17, 2019

it is a misdemeanor criminal charge, so yes you could go to jail. That doesn’t mean you will go to jail. The facts of the case, the judge, the advocacy of your attorney and your background are all variables that can impact the type of sentence you will receive.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on

Q: If a child is on probation, can the school teachers contact (via phone, email, messaging) their probation office?

Brent T. Geers answered on May 9, 2019

Good question. There probably is some interplay regarding what is protected information under FERPA and to whom. I do know that as a ward of the court (which a juvenile is while on probation), a probation officer has a lot of leeway into the child's life, and so I do believe the probation officer... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: My fiance has charge filed against him we don't understand. Unlawfully driving away w/ an automobile what does that mean

Jeffrey Buehner answered on May 9, 2019

Unlawfully driving away an automobile is a felony offense punishable by up to 5 years in prison. The offense consists of taking possession of and driving away a motor vehicle belonging to another without their permission.

1 Answer | Asked in Constitutional Law, Criminal Law, Gov & Administrative Law and Traffic Tickets for Michigan on

Q: Must police ask reasonably related questions related to the purpose of the traffic stop for an equipment violation?

Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a clue why I... Read more »

Brent T. Geers answered on May 6, 2019

Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the question... Read more »

1 Answer | Asked in Constitutional Law, Consumer Law, Criminal Law and Real Estate Law for Michigan on

Q: Is it illegal for an agent to cash a money order deposit if we have not gotten an approval or keys to the house?

My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »

Trent Harris answered on May 2, 2019

It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for the... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Criminal Law for Michigan on

Q: Licensed contractor completed work now Customer making threats. Is it civil or criminal as they claim?

Licensed builder in the state of Michigan and fully insured. Recently completed a project for a developer who was building spec homes for resale. The developer had me submit several construction bid contracts which were accepted and payments issued for the work. I completed all work stated in the... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

Justia is a free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to a business lawyer of your choosing. If you have not... Read more »

2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on

Q: I am a witness of a situation, and I was wondering what would happen to the suspect if I plead the fifth.

I know some things about what happened to the victim and if I plead the fifth on some questions, I don't know what would happen.

Bruce Alexander Minnick answered on Apr 29, 2019

Unless you have been charged--or are being charged--for a crime yourself you cannot invoke the fifth amendment to shield the suspect. Nor can you invoke the fifth amendment "on some questions" but not others.

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1 Answer | Asked in Criminal Law for Michigan on

Q: Is there a chance the judge will suspend a sentence in the case if a plea deal was accepted before sentencing?

OK so a friend of mine was charged with 1st degree retail fraud in Mason county Michigan. He took a deal of 1 year in jail, 90 days upfront, balance at the courts discretion. Its his first criminal offence ever. This guy doesn't even have a traffic ticket. What are the chances the judge will... Read more »

Brent T. Geers answered on Apr 27, 2019

If you are referring to the 90 days up front, very little chance. While those days are quite likely considered a prosecutor's recommendation to the judge, who ultimately has the power to sentence within the law, most judges will see those 90 days as something your friend signed up for by taking the... Read more »

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on

Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?

It was a prostitute he would pay to have sex with her while my sister was at work and her kids at school and while my brother was at work.

Brent T. Geers answered on Apr 17, 2019

Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.

1 Answer | Asked in Criminal Law for Michigan on

Q: hi im a criminal justice major and I was wondering if I can get a sample of a criminal complaint

I am conducting a primary research for English 3010 and for this I need to analyze 3 genres or documents used within my field along with 2 samples of each.

Brent T. Geers answered on Apr 17, 2019

Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.

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