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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: How should I handle being stopped by an accusation of shoplifting when my ostomy bag is full?

I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.

The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it enough evidence?

A man was masturbating in his window the the 2nd time watching inside my house and my kids saw. I took pictures and called the cops and I want to press charges.

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

I think you have all the information you're going to get (hopefully). Whether it's enough to charge him is a decision the prosecutor will make after you report this to the police. A question will be whether this "show" was intentional or not. There is a difference between being... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: How do go about pressing charges?

My man for the 2nd time that lives next to me had his window open and looking into my living room where me and my kids were and he was masturbating right infront of the window were we could cleary see. My son who is 5 year old is the one who saw it and pointed it out. I have photo proof that... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Very sorry to hear that you are experiencing this. I would suggest that you video him in the act then call the police. This kind of sexual harassment is treated by the police very harshly when kids are involved. but they will need some proof, hence the video. As you video you should speak the... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What do I do when my lawyer violates attorney-client privilege and lies to the Michigan Attorney Grievance Commission?

The Michigan State Police and the Michigan Attorney Grievance Commission are investigating Michelle Elowski's legal practices. I have an open court case against her for conning me out of $25,000. The judge told her to work with me so she got an attorney and the both of them disappeared.... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

If an attorney has violated your attorney-client privilege and disclosed your confidential communications with the attorney to a third party, you should hire an attorney who practices in the area of legal malpractice to sue the attorney for any legally compensable damages you have sustained as a... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... Read more »

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I retract statements as false allegations to my boyfriends parole officer? the statements i made led to a violation.

My boyfriend was taken into custody on a violation. He chose to waive his hearing with the parole specialist. I had no evidence or reports to back up my statements of domestic violence- I verbally reported to the parole officer, and i would have chosen not to testify if there had been a hearing.... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: MY FRIENDS HOUSE WAS RAIDED . ONLY ONE PERSONS NAME WAS ON THE WARRANT.BUT THEY FLIPPED THE HOUSE AND NOBODY WAS IN THE

HOUSE. IS IT TRUE THAT ONE PERSON CAN BE IN THE HOUSE WHILE THEY SEARCH? I HAVE A LOT MORE. THE INVENTORY THEY TOOK WAS NOT LISTED

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2023

Yes, and yes to your questions. The search warrant would be based on probable cause that evidence of criminal activity could be found within that house. Whether they found anything or not is largely immaterial. As to what was taken, people with ownership interest in that property could file a claim... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I was issued a PPO after I kept calling a woman asking for a std result and she never would give me can I fight this?

She provided every test result except one I also live in Ohio this woman lives in mi i also owned a firearm prior to meeting this woman the order says im supposed to turn over my firearm which I will I was wonder if I can fight the case do to woman giving me a std or should I just give up I do have... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 13, 2023

Regardless of why you were contacting her, it apparently was non-consensual. The better way to have handled it? You could have filed a police report. You could sue her civilly.

Can you fight the PPO? Be mindful you only have 14 days to object once served. From what you write, I can't...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: what is a probable cause conference
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Injured from a gunshot wound/stray bullet fired at my house with and I had no criminal involvement.Do I need an attorney

My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2023

You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... Read more »

1 Answer | Asked in Libel & Slander and Criminal Law for Michigan on
Q: How do I remove harmful stuff on me when it was expunged from my record? It is killing my chance at every job I take.

An expunged record should not be for all to be viewed.

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2023

Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: If the Michigan Court of Appeals sends a criminal case back to the lower court for a new trial

and the person is found guilty again, does the original sentence continue or will there be new sentencing?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: During a criminal Appeal in Michigan, can the fact that expert testimony was not called by the defenseor the fact that

some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... Read more »

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1 Answer | Asked in Criminal Law for Michigan on
Q: What if I called the court on the 30th to ask him if I can go ahead and do zoom on the 31st for my court date

I called the court on the 30th for a drug paraphernalia charge cuz I got caught with a pipe that was a weed pipe but it had never been used so I called and asked him if I can go ahead and proceed with zoom for the 31st court date because I was starting a new job and the lady told me she... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

Not likely. First, court staff are not the judge. You are responsible for complying with orders to appear unless excused by the judge.

It sounds like the court isn't treating it as a big deal now, but you do need to arrange to appear and make sure you are present going forward....
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is a cease and desist warranted for someone who is attempting to blackmail you?

Good afternoon. I have someone who is attempting to blackmail me. She has repeatedly stated that I must send her money in order for her to get to and from work; if I didn’t, or if she was not satisfied with whatever resulted in what she asked for, she has threatened, on numerous occasions, to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

Potentially, this is extortion. Is there any truth to what she's saying? Their power lies in the secrecy of what they have or know about you. Even if you get this person charged with a crime, he or she could still release the information, leaving you with a similar outcome as if you... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question pertaining to law enforcement surveillances What rights does the subject have regarding privacy?

Subject has not committed or been charged with any infractions or violation. Noticed drone tracking

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Lots of questions before there can be any answers. 1) how do you know the drone is tracking you? Generally speaking, even if the drone is tracking you - presumably from the air - you don't have a privacy right walking or driving down the street. Things get trickier if a drone is hovering close... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Who is responsible for providing an appeal attorney if one cannot be provided to you. Who or what entity is responsible

I had one provided then they left then another was provided and they told the judge there was a break down in communication and left. I then wrote the judge and he said I would be provided one and then I had no response from anyone. I the. Tried to see who my lawyer was when I left prison and they... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

With a guilty plea, you don't have a true right to appeal. There are certain issues you can ask for what's called "leave" to appeal. The Attorney Grievance Commission does not determine malpractice; they determine attorney ethical issues.

At this juncture, after...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: SEARCH WARRANT IS EXECUTED ON MY HOME FOR NARCOTICS AND NOTHING FOUND BUT POLICE TELL NEWS THAT NARCOTICS CASH WAS FOUN

POLICE SAY HOME WAS INVOLVED IN MAJOR DRUG RING ON LOCAL NEWS BUT NO DRUGS NO MONEY WAS FOUND AND HAVE NO CLUE OF EVERYTHING REMOVED FROM MY HOME BY POLICE. THEN TAKEN TO JAIL BOOKED PROCESSED BEFORE KNOWING WHAT I WAS CHARGED WITH. HELD IN LOCK UP FOR ALMOST 48 HOURS BEFORE RECEIVING A BOND OR... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 5, 2023

Are you now charged with a crime? If so, all of this is for him or her to sort out. It would likely start with obtaining a copy of the search warrant and affidavit. If the house was suspected of being involved in a drug ring, you can almost bet that there is some combination of surveillance /... Read more »

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