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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

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

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... View More

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

If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.

Is there a current PPO? You need to file an objection and have a hearing about that. Until then,...
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1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: my ex girlfriend intentionally tore her amniotic membrane 8 weeks before her due date to get out of work, is that legal?

She also maliciously infected me with covid after I found out. And then falsely accused me of ppo and stalking. What laws did she break? Do I have a case?

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

Not sure she broke any laws. How would you prove any of this? You should focus on the allegations against you; the defense of which is not unsubstantiated claims.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Is it true if you’re not sentenced within six months of an arrest, the court will dismiss the case?
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Not true at all. There are guidelines that determine when cases should be completed. And there is a right to a speedy trial. But it's not at all what people think it means.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a US law/policy that incarcerated person's/violent offenders are required to participate in rehabilitation?

Before/after violent offenders are bonded out or released from prison is there any policy/ procedure in place for them to be rehabilitated?

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

"Rehabilitated"? They don't call prisons "correctional facilities" for nothing, right? In all seriousness, and sadly, no; There is no uniform policy to rehabilitate people in this country.

Criminal policies and philosophies change over time, and often driven by...
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1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: If I am arrested are the police allowed to keep my phone and search it from the moment of arrest w/out consent?

My fiance was recently arrested on suspicion of armed robbery. The details of how he was named the suspect are very unclear and we were told several different stories from someone identified him to he matches the suspect in the photo (photo is blurry and shows someone whose face is fully covered... View More

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

Your boyfriend - not you - needs to get a lawyer to handle this. And you should also not be talking to the police without your own lawyer, including answering questions you have no obligation to answer.

How he was identified as a suspect is something for his lawyer to figure out. The police...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... View More

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2022

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Subject in question was charged with v.c.s.a possession of cocaine < 25g. Upon search of a motel room drugs were found.?

The Defendant had no drugs on person. Passed a drug screen and lie detector.

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

What is your question? Possession can be either physical or constructive. If the drugs were not found on his person, I suppose the polygraph could refute him having knowledge of them, which is an element of constructive possession.

Still, that might be a question of fact for a jury, if you...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Federal Probation violation for pending DM charge misdemeanor 1st offense jail up 93 days 500 fine
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

What is the question? A probation violation can be triggered by any criminal activity.

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: i had my criminal record expunged in april 2022 and michigan police record search is still showing my expunged charges

i have been going back and forth with 7th circut court to have a copy of judgment re sent to mi state police i have even sent a certified copy of judgment myself to mi state police and still nothing is being done. what can i do to resolve this issue.

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2022

Honestly, not much else you can do. MSP is backed up dealing with expungments. If the court sent the order and you did as well, the issue is with MSP, and unfortunately for you, they will process it when they can.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I got change with A&B in Montcalm and have to take class for a sas mrt it is for drugs when I didn't get busted

And I am on probation for 24m and I get SSI and they try to say I have to get a job when it court order

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2022

Often, terms of probation will include substance abuse or mental health treatment even if not a part of the sentencing offense. The rationale is that even if you didn't get busted for drugs, substance abuse probably played a role in the assault.

An alternative to an employment...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I have an arraignment tomorrow morning for a charge I was never arrested and charged for.

I have an arraignment tomorrow morning for a charge I was never arrested and charged for. I am being accused of bailing someone out of jail with conterfeit money. I have NO IDEA if this is true or not, to my knowledge I paid with real cash!! How stupid would I possibly be?! I had no clue. The... View More

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

All you can do is go through the process at this point. The prosecution will need to show that you knew or should have known the money was fake. If what you're saying is true, I think you have a compelling case to make to a jury.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: trying to fill out my appeal how do i find my judges bar number if my lawyer wont help me?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: them my constitutional rights have been violated because my arraignment on information was waived without my knowledge

I am in jail

them my constitutional rights have been violated because my arraignment on information was waived without my knowledge. I nevere agreed on or off the record to waive my arraignment on information. I have nothing on paper with my signature or anything being waived on any court... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

One of two things happened at your prelim: either 1) you did waive circuit court arraignment, or 2) the district court judge arraigned you on the information - possibly because you refused to waive. If either of those two situations did not occur, as you are saying, then the remedy is for you to be... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: how can i get my discovery packet if my lawyer wont give it to me? he took my money and wont help me what so ever.

i need the discovery packet to file my appeal.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

First, there is no such thing as a "discovery packet". When people use that term, they are generally referring to the police report, and perhaps fingerprints, DNA, etc. The police report itself is not evidence. But in some cases, that may be the only thing in the "discovery... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: does a piece of mail legally establish residency ?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

It can, especially if that mail is a utility bill.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: if a detective contacts you from there personal cell phone to try and get you to sell drugs for them is that entrapment?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

No. Entrapment is when you are compelled to do a criminal act you weren't predisposed to doing. If you are otherwise predisposed to selling drugs (e.g. you have a history or are a known drug dealer), then the police can lie, cheat, or do whatever else to catch you selling drugs again.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiance got arrested today for having my printed prescription in his wallet that I asked him to carry for me for work.

I put the prescription in his wallet as I do not carry a purse and we work together all over the state of Mi. and that was the safest place for me to put it. So he got pulled over 2 months ago and they found it and let him go now today the cop came and arrested him for a felony for having my... View More

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

A comprehensive answer would depend on why he was pulled over to begin with. You could contact the prosecutor's office and show them that the prescription is legit and how or why you asked him to carry it.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have ex girlfriend she won't leave she I'd taking my personal property constantly fighting what can I do

I have video recordings Because I feel threatened

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

In addition to having an ex girlfriend, you also have a tenant. You may need to formally evict her. If you are feeling threatened, you could look into getting a personal protection order.

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