Michigan Criminal Law Questions & Answers

Q: Do you get jail time credit for time spent in county jail before sentencing?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 23, 2019
Brent T. Geers' answer
Unless on probation or parole when charged, the person is generally entitled to jail credit.

Q: I’m 14 and was charged with 2 misdemeanor possession of tobacco (vapes) and a civil infraction (possession of marijuana)

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 22, 2019
Matthew Fraiberg's answer
Consequences can vary depending on your prior criminal history, what city this took place in, etc. The best thing to do is talk to an attorney with a parent or guardian. formulate a plan for your defense.

Q: If i attempt to sext a person who says they are underage but isn’t, what are the repercussions?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 21, 2019
Brent T. Geers' answer
Time will tell, and it will all depend on how "dirty" the talk was. Word of advice: you should not ever have sexually explicit conversations or contact with anyone under 18, or who is incapacitated (either mentally or physically).

Q: What are all procedural requirements to file a motion in circuit court for a felony case?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 18, 2019
Brent T. Geers' answer
The procedural requirements will depend on what you are trying to accomplish. But seeing that this is a felony, any motion should be come from and through an attorney. In fact, if there is an attorney on the case, the court will not allow the defendant to file his or her own motion.

If the attorney and client disagree about what needs to be filed and why, they need to discuss it. You do not want a client filing motions behind an attorney's back that could jeopardize or harm the...

Q: My fiance is a federal prisoner awaiting sentencing in Michigan Eastern District Federal Court. This is a Criminal case.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Answered on Mar 18, 2019
Brent T. Geers' answer
It would sound as though your fiance will be credited with all this time once she is finally sentenced. Because she is not yet in the BOP (she is in pretrial detention), she will not have access to many programs. Once she is at a home facility, she may be prioritized for programing based on her expected out date.

Q: I stole a pack of condoms

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 14, 2019
Brent T. Geers' answer
There is little that can be done now. You may be eligible to expunge this conviction off your public record after five years, but you are not there yet, and if five years had gone by, you would still need to meet other eligibility requirements.

I know this all seems minor, but once something is on your criminal history, it doesn't just go away. And while 3 years may seem like a long time in your past, to an employer, it may not seem so long ago. When you are 40, you may be able to...

Q: How much time can a habitual offender can get less 25 grams cocaine and violating probation

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 12, 2019
Brent T. Geers' answer
An attorney will need to know a lot more about the person's criminal history and the circumstances of this instant offense to even begin providing a reasonable guess. You're dealing with a charge that carries anything from probation to possible prison time.

Q: I have not been arrested but have been threatened with embezzlement charges.

3 Answers | Asked in Criminal Law for Michigan on
Answered on Mar 12, 2019
Jeffrey Buehner's answer
You shouldn't answer any further questions without an attorney. You have a fifth amendment privilege against self-incrimination. What city did this occur in?

Q: Ok...long story short My wife has been in jail 3 months waiting pre-trial for a awadw denied pastor

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Michigan on
Answered on Mar 5, 2019
Brent T. Geers' answer
This is, first and foremost, a jail issue. Has the jail provided any reason why your wife, specifically, is not receiving pastor visits? Has anyone tried to visit her? Some jails also distinguish between pre-trial and sentenced persons, with pre-trial detainees being limited to access to programs and services.

Q: My car was stolen in Michigan and I reported it the same day.

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Answered on Mar 5, 2019
Mark Bredow's answer
There is no statute which requires the police to notify you that quickly or that requires them to leave the vehicle where it is found, notify you, and wait for you to tow it. It could be in a dangerous place, on someone else's property, or pose a risk to traffic. They tow the vehicle to secure it from further loss, or to preserve it for evidence. Giving you notice within a day is a very good response time. You may wish to present the towing charge to your insurance carrier for payment....

Q: A cop called asked to come in for questioning.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Answered on Feb 8, 2019
Brent T. Geers' answer
Ordinarily you are under no obligation to go and talk with the police, regardless if your mom told them you would. Whether it's in your best interest to do so should be discussed in depth with an attorney before talking with the police.

Q: if my wife's name was forged on a quit claim deed 10 years ago. and we just found out today.

1 Answer | Asked in Criminal Law for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
You may have some recourse, but it is very fact-dependent. Presumably, the quit claim deed was notarized, so if your wife is saying she didn't sign, then either the notarization was falsified, or the notary didn't do his or her job properly - all of which needs to be proved of course in court.

There is a valid legal argument to be made that the clock on the statute of limitations doesn't start until you know or should have known of a claim. That said, your wife should be prepared for...

Q: I am involved in a human trafficking case in Michigan. My question is do both victims have to testify?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Assuming that since you mention two victims that there are two separate counts, successful prosecution of both counts would depend on both victims showing up. That said, being convicted on one count is enough and would take only the one victim.

Keep in mind that most prosecutors and courts are well versed in how to deal with reluctant victims and witnesses. The prosecutor may ask the court for a material witness warrant for the missing victim. That means that the police will be allowed...

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: 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...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.