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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: In the state if michigan, how long after a sexual assault report has been filed with police, will it take to get it in f

to get the paper work in front of the prosecutor?

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Depends on the facts of the case and how much investigation is required. There is no timeline. I've seen cases sent to the prosecutor a day after a report is made; I've also seen cases that take years.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

1 Answer | Asked in Criminal Law for Michigan on
Q: Am I allowed to be sentenced in the court of law under the influence of methamphetamines

Being up prior to court for 3 days before sentencing drug tested found positive and then sentenced to 300 days incarcerated but the plea bargain was to be 2 years probation. Somehow I received 300 days and the two years probation.

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

Unless you had permission or a prescription for methamphetamines, you engaged in misconduct by being under the influence. Misconduct between a plea and sentence nullifies any plea agreement, leaving the judge to sentence you as he or she sees fit under the law.

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: What if the victim doesn't fill out the victim packet before the defendant has not been notified of any charges filed...

...yet. Is it likely court will continue with charging person accused of the DV?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Not sure what you are referring to by "victim packet" but prosecutor doesn't need that to move forward with charges.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Michigan on
Q: My daughter was assaulted by father. There are 3 urgent care doctor reports. Cps did nothing. Only reported one assult.

I called police to see if I can report the other two. Got the run around in Jackson county. I finally was told I could report her father biting her. She scratched him protecting herself and he put charges on the child although her injuries were more severe. He made things up to have her go to... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 10, 2022

There is, unfortunately, nothing other than reporting to the police. Perhaps try contacting the prosecutor's office; they are the ones who determine who to charge and with what, not the police.

1 Answer | Asked in Criminal Law, Libel & Slander and Internet Law for Michigan on
Q: Is it possible to not know if you had a restraining order that was put on you 5 months ago in Michigan?

A woman I reported to the police in May made a tiktok video with me with my pics name and another females pictures accusing us of stalking her and talking to her man. She labeled me stalker no.1 with a restraining order she claims she filed 5 months ago. When I went to the police to complain about... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2022

If there were a restraining order - more technically called a PPO - the police should have told you when you reported this.

You can go to the circuit court in your county to see if one has been filed.

I suppose you could try to sue this person civilly - and you possibly have some...
Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: If there's no evidence of the crime my brother is being charged with should he take a plea or go to jury?

They are charging him with criminal sexual material which they have no evidence for and accosting a minor..he was a pizza delivery guy and a electronic order was placed for pizza and he was sent to deliver it. When he got to the motel room he was arrested and told he'd been texting a girl from... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 3, 2022

From which source are you hearing there is no evidence? A jury can only convict based on evidence presented at trial. If there is no evidence, or he is innocent, then the logical choice would be to go to trial. But I suspect the prosecutor has a very different take on whether evidence exists, and... Read more »

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1 Answer | Asked in Criminal Law for Michigan on
Q: conditions for an early release from parole in Michigan...such as payment of fees, compliance, min supervision ect?

I know it's possible can't find an mcl maby it's in policy directive

Brent T. Geers
Brent T. Geers
answered on Aug 31, 2022

It is a policy directive, subject to great discretion of the parole agent. But you have the right idea about having fines / costs / restitution paid, and full compliance being paramount.

1 Answer | Asked in Criminal Law for Michigan on
Q: Need info about no contact order between co defendants

Me and boyfriend are about to have baby and judge just issued no contact order because we are co defendants but my case got dropped

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

The no contact order on him could still remain. He and his attorney would need to address that with the court.

1 Answer | Asked in Child Support, Social Security and Criminal Law for Michigan on
Q: The amount of rerages owed is 64,000 and the judge is not being in my favor at all. What can i do? Please ?

Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... Read more »

1 Answer | Asked in Child Support and Criminal Law for Michigan on
Q: What can i do to get the least amount of time after pleading guilty to a 2nd hybitual for child support rerages?

I was told that its a point system guide that you all go by, is my sentence 11 months?

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

For that sort of charge? Your best bet to limit incarceration is to pay off as much as you can before sentencing.

By "point system" you probably are referring to the sentencing guidelines. They give the judge, and you, an idea of what an appropriate sentence should be based on...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My tether‘s been dead for two months since I’m getting charged anyways should I cut it off?

I struggle with substance abuse issues and I had violated my bond a couple times by dropping dirty and after they said my Bon

Brent T. Geers
Brent T. Geers
answered on Aug 24, 2022

If you asked "I'm already driving drunk. Should I also speed?" Do you think anyone would tell you speeding is a good idea?

Hard to say what will happen, but at this point, you have two options: work with your attorney to turn yourself in and figure it out from there, or keep...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I am wondering if I just let my tether die will I still be charged with tampering even if I didn’t cut it off?
Brent T. Geers
Brent T. Geers
answered on Aug 24, 2022

Yes, you will. Very bad idea. And a sure way of convincing a judge you need to be in jail or prison and cannot be trusted on probation.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: Kidnapping victim & perp live in different states, where should the victim file the complaint?

If the victim & perpetrator live in different states but were both in the same state at the time, where should the victim lodge a complaint, in which state's court should I file and is it still considered a federal crime if the crime didn't cross state lines?

I was visiting... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

You should contact Detroit police. Frankly, I'm not sure what they are going to do with a three year old complaint.

1 Answer | Asked in Criminal Law for Michigan on
Q: if if you let your GPS tether die is that’s considered tampering with an electronic monitoring device ?
Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

Yes. You are responsible for ensuring it is charged. Otherwise, what's to stop anyone from simply letting the battery run out and not be held accountable for where they were?

1 Answer | Asked in Child Support, Criminal Law and Family Law for Michigan on
Q: I am on ssi had recently 6 months of cancer treatments. Had to plead guilty for a crime from 93. Bcuz F.O.C backpay? Lg

They threatened to keep me for 4yrs or i plead guilty for 2nd hbt and pay 1500 to get out. I didn't know that ment i do 11 months on sentenceing day. I just did two and im on disability. How can they come to my home and nab me up when my kids are grown, im half alive and live a couple countys over?

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

Your child support arrearages never go away; doesn't matter how old your kids are. Your back-owed support reached the level of felony non-support.

You should be speaking to your attorney about this, the strengths are weaknesses of your case, and any offers made.

1 Answer | Asked in Criminal Law for Michigan on
Q: Over a year ago. This woman basically crazy out tried to attack and break into a couples home. All on video.

Over a year ago. Almost 13 Months now.

She was charged with 4 felony's ! Destruction of Property (2 counts over a 1000 each), Domestic Violence & Home Invasion. She was arrested in Jail for 4-5 days and Bonded out for 7grand and was forced to wear a GPS Tether. At the Dist Court... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 18, 2022

Impossible to say without review of the record. Outside looking in, a lot of people make the mistake of comparing case-by-case. Every case is different, even between same charges and similar facts.

It's not at all unusual that if she's bonded out and has to this point complied...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: In michigan, can you expunge a DUI from twenty years ago, if I had a 2nd offense that was reduced to reckless driving?
Brent T. Geers
Brent T. Geers
answered on Aug 16, 2022

Technically, yes; practically speaking...you really need to consult with a local attorney who knows your judge.

1 Answer | Asked in Criminal Law for Michigan on
Q: Prior to 2021 in Michigan you had to of committed a crime before turning 24 to get the HYTA correct?

Also say the courts granted someone a HYTA but later found out the person who received it was not eligible for it in the first place what would happen? I happen to know someone who received their HYTA prior to 2021 who committed their crime after their 24th birthday and I have no idea how they even... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

That is correct. That sort of thing happens though, from time to time. It's likely nothing would come of it if no one said anything about it before.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: can a judge revoke a bond for absolutely no reason at all??

he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that... Read more »

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