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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: I was assaulted over a year-and-a-half ago she was arrested I want to press charges they never followed up

Assaulted by my mother-in-law a year-and-a-half ago they didn't want to arrest her because she is 70 years old but they did after they made me take a breathalyzer not her they called me the next day to ask if I wanted to press charges I said I did it has been a year-and-a-half now and I've heard... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Prosecutors make the decision to press charges. Have you contacted the local prosecutor's office to determine the case status? They could have elected not to pursue charges for any number of reasons. Just because someone wants charges pressed doesn't mean that the prosecutor must do so.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is their relief due a criminal defendant sentenced contrary to law after sentence served?

Besides appeal of the sentence, assuming Michigan, where would I find information relating to this? What options are available?

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Yes, although highly limited.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a misdemeanor MIP in Michigan from 2003 be retroactively changed to a civil infraction now that it's decriminalized?

I was issued a misdemeanor citation for an MIP when I was 17. No court appearance, I just sent in my $80 fine. I didn't realize it was a misdemeanor and my parents were never notified. Now that a first offense MIP is only a civil infraction, can I have that offense changed to a civil infraction?... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

The short answer is no, but I would suggest working with a seasoned local criminal attorney who may be able to help y you navigate toward a solution here.

1 Answer | Asked in Criminal Law for Michigan on
Q: I am charged with CSC 4 th degree the accuser is 18+ years old girl The prosecutor offered me a deal of 5 years probati

And sex offender registration.

I do not have any criminal or other bad records .Is my registration public or private for law enforcement eyes only

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Your registration would be public. There is no private sex offender registry, which would be quite contrary to the intent of the registry.

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan can you be charge with Felon in Possesion if there is no firearm found during search?

Victim said he had a firearm, Defendant said he never had a firearm.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Yes you can. Your scenario presents a question of fact: did he or didn't he have a firearm. That's ultimately for a jury to determine at trial, by weighing the credibility of the two conflicting statements.

1 Answer | Asked in Criminal Law for Michigan on
Q: IF Alledged victim committed perjury under oath (pre-Lim). Should defendant file a Motion to dismiss.

Search Warrant Report, Police Report and the alledge victim testimony under oath Pre-Lim) are conflicting with each other.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

That's not going to work. The search warrant and police report are not evidence. Further, the victim did not make the search warrant report or police report (that was done by the police, albeit likely with information the victim provided). It is not uncommon for police reports to be inaccurate -... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Michigan on
Q: What to do about court fines and warrents.

I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »

Mark Bredow
Mark Bredow answered on Jan 13, 2020

Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an attorney and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Hello my question is Do you need a lawyer for an expungement in Wayne County MI? Is it something that can be done

I was eligible and filed the expungement papers with the courts sent them to the prosecutors and state police dept. Court date is coming up and was wondering if it’s something I can do on my own like go before the judge or should I hire a lawyer to show up? It’s 1felony/Felonious Assault

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

It never hurts to at least talk with a local attorney who might be able to give you guidance as to what your particular judge expects and prepare you for the hearing. Expungements are discretionary, meaning that just because you qualify doesn't mean that the judge has to grant it. And it will... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My brother was sentenced to 4-7 years he received a letter statement saying the court made a mistake in his sentencing

He is from michigan and needs to know if he needs attorney

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

Depends on what the letter says was the mistake. I would imagine it's a time computation error - essentially clerical in nature; in that case, an attorney is unnecessary. If the sentence is within the guidelines or within what was contemplated in the plea agreement, then that letter is more or less... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: If a cop gets behind you and doesn't flick his lights and you park and walk away is that a crime even with bad plates?
Mark Bredow
Mark Bredow answered on Nov 25, 2019

The crime appears to be that you were driving a car without proper registration. If the officer was following procedure, he ran the plate through his computer and the crime would be obvious. The officer could not have known about the lack of insurance. The offer need not turn on his lights for... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: What does SGL Range (Minimum 19 Months, Maximum 47 Months) Mean
Brent T. Geers
Brent T. Geers answered on Nov 22, 2019

The sentencing guidelines inform a defendant what he or she can reasonably expect as far as sentencing; they also inform the judge on what an appropriate sentence may be. The numbers you posted are what we would call prison guidelines - meaning that a prison sentence is likely. They also set the... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: What could I do if a court came to a conclusion without a trial?

My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a conclusion.... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 15, 2019

Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?

1 Answer | Asked in Criminal Law for Michigan on
Q: Filing a post judgment order to amend restitution—A family member was convicted in ST. Joseph, MI and ordered to pay

Over $100,000 for damage to a property in 2009. The property was sold in 2016. How do we have the amount of restitution amended to credit the sales price? Is it to have a motion filed and if so, what kind of fees are we looking at? Thank you.

Brent T. Geers
Brent T. Geers answered on Nov 12, 2019

I think you'd need certainly a post-judgment motion. The legal question, though, is what was the amount of damages in 2009; not necessarily what the property eventually sold for. I think the more interesting question - and perhaps how this sort of motion may be better presented - is whether that... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I did one year in prison for a methamphetimines along with 5 years probation. I had one and a half years left.

I recently got a attempted obstruction of justice. I go to court tomorrow in Oakland county. Any advice

Gary Kollin
Gary Kollin answered on Nov 4, 2019

Get an attorney

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: Can an adult above the age of 21 be charged for 2nd degree sexual assault that they committed it at age 16 in Michigan?
Brent T. Geers
Brent T. Geers answered on Nov 2, 2019

Yes. The relevant statute of limitations is what is important.

1 Answer | Asked in Criminal Law, Employment Law, Health Care Law and Nursing Home Abuse for Michigan on
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.

My CNA license may or may not be revoked.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: Halloween costume help! Not braking 750.215, but 750.216a, (which I didn't know was a thing).

Please help me. I thought I was doing everything right and legal, but I just I was wrong. This year for Halloween I wanted to dress up as a Michigan Sheriff's officer. I go to university, and what scares college kids, the cops. I tried to do my best homework on the legal matter, and read that I... Read more »

Gary Kollin
Gary Kollin answered on Oct 27, 2019

Well, I do not know the answer to question without seeing it. However, as a university student, braking or breaking?

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2 Answers | Asked in Criminal Law for Michigan on
Q: Can someone explain the speedy trial rights for someone thats out on bond ,are u automatically granted a speedy or do u

Have to put in a motion for one. I just dont understand the process of it and qould like to know.

Gary Kollin
Gary Kollin answered on Oct 22, 2019

You should be represented by counsel especially if you do not have a basic understanding

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2 Answers | Asked in Criminal Law for Michigan on
Q: Okay say you just dropped someone off. And you are driving get pulled over. The police search the vehicle and find drug.

The drugs are not yours, but y ou u are arrested for them. The person who you dropped off writes the judge said the drugs found were there's they must have dropped and is willing to get on stand a testify that that are theirs. Should the case be dismissed. Or could one still be found guilty?.... Read more »

Gary Kollin
Gary Kollin answered on Oct 20, 2019

There is more to this STORY than you have been told.

A letter to a judge means nothing.

A witness would have to testify in front of the jury.

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