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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: A warrant for failure to appear and the case is dismissed for lack of progress - is this with or without predujice?

offense date-09/07/2013; Domestic Violence, misdemeanor first offense; bond set, failed to appear, fines imposed, case taken off docket.

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

I hesitate about the notation "fines imposed"; that implies there is some sort of disposition on the merits. You really need to contact that court to figure out what is outstanding so you're not surprised in the future. These minor cases have a way of popping up when you least expect... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: I was convicted of “misdemeanor aggravated assault” on 7/31/2014. When will I be able to purchase a firearm?

Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2022

You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.

1 Answer | Asked in Criminal Law for Michigan on
Q: My 18 year old daughter is being supplied alcohol from her 30 something year old boyfriend. I have texts stating he has.

I have video proof she has posted on her social media and pics she has also posted (from her home). The police have been called, they didn't file a report on the man, they filed a report on my daughter as a welfare check. What can I do legally?

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

With your daughter being 18, not a whole lot more you can do. The relationship issues you will need to work through are more profound and nuanced than any legal issue present.

1 Answer | Asked in Criminal Law for Michigan on
Q: After me filing in the circuit court; how do I update my address change being the court will not entertain the idea?
Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

Every circuit court has a different procedure, but generally address changes can be made directly with the circuit court clerk's office.

1 Answer | Asked in Criminal Law for Michigan on
Q: My14-year-old daughter assaulted another student at school And broke her nose & it’s on video should I get a lawyer?

My14-year-old daughter assaulted another student at school And broke her nose & it’s on video.

But the student was harassing my daughter first. The parents pressed charges count1 aggravated assault count 2 assault and battery. My daughter is A straight a student never have been in... View More

Brent T. Geers
Brent T. Geers
answered on May 26, 2022

Yes, you should get a lawyer for your daughter. Otherwise, one may be appointed for her. Juvenile charges can have serious consequences for your daughter's future.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Michigan on
Q: I need to know how to go about reporting child abuse

It is extreme mental emotional and phycological abuse, as well as neglect.

Brent T. Geers
Brent T. Geers
answered on May 26, 2022

Call Child Protective Services.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: His wife didn’t call 911 or even for help nor can she remember what happened and her mother did a lot of illegal things

n: My brother was accused of domestic violence against his wife he recorded the entire fight they had up until the point where he left the house. She was drinking and actually assaulted him multiple times physically with a vaccum tube. An article was published in the local newspaper stating he had... View More

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

How did the police become involved? It is possible for both people to be charged with domestic violence. Whether the video will help him depends on the entirety of the situation; the problem with video is that it only shows a moment in time. If I pummel you, then turn on my video just as you are... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Police officer lied on his report body cam footage is proof.I was charged with the crime.

I was the passenger of a car the driver had drugs in center console with her wallet in top .console lid closed clearly her stuff.The officer said in his report there was a dollar folded with drugs inside he claimed was found closer to my side of car .Video showed it's not within my reach its... View More

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

First off, nothing's been shown about anything until you have the preliminary exam. Second, it's to your benefit that your attorney isn't rushing into things guns blazing; time is always on the defendant's side. And think of it this way, your attorney has no financial incentive... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: What does it mean when a criminal case is deposed?

It says deposed on a guilty plee

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

It means just that: the criminal case ended because the defendant said "I did it", eliminating the need for a trial.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... View More

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

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the definition between felony murder and aggravated murder?

When someone punches another in the face, reportedly triggering a seizure and the individual dies does this constitute murder?

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

There are several statutory forms of murder: 1st degree / felony murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. The facts of the case determine the degree.

In the fact scenario you provided, the person could be charged with involuntary manslaughter,...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Is it legal for a cop in michigan to be on your property in plan clothes and tell someone their your landlord

I'm not sure what category to put this in.

Brent T. Geers
Brent T. Geers
answered on May 5, 2022

Your question depends more on where the cop was on your property, and your standing in the action. Cops can lie, and so you, they can say they are someone's landlord.

I assume you are asking about a situation that led to an arrest - and not your own. In that case, you have no...
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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Michigan on
Q: How do politicians (or anyone) get away with denying saying something that was recorded, in many cases audio and visual?
Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

Great question! Politicians are judged by the court of public opinion; and quite frankly, many people are not interested in the truth. And sometimes even audio and visuals can be rendered to make it seem someone is saying or doing something they are not.

Believe half of what you see and...
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1 Answer | Asked in Criminal Law for Michigan on
Q: With having durable power of an inmate in the state of Michigan, can I have our phones calls made private?
Brent T. Geers
Brent T. Geers
answered on Apr 25, 2022

I assume you mean calls from a correctional facility? No, being the power of attorney does nothing to keep your calls or correspondence confidential. That is only for licensed attorneys, and there are different procedures attorneys have access to to ensure confidential communication.

Think...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Friend threatened to contact police saying I raped her

About 10 months ago I was with a friend we hungout in her apartment and the only thing that was done was she gave oral. I told her I had to get back home but that I would come back over later that night. Ended up going home and falling asleep and I wake up to a snapchat message from her calling me... View More

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

You did the right thing so far. Hard to say whether she actually contacted the police, but it's likely they would have reached out to you by now.

1 Answer | Asked in Criminal Law for Michigan on
Q: Expungement?

Is it possible to get an amended charge expunged in Virginia?

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

Unlikely if fines are still owed.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can they take a lesser plea away for unpaid fines?

My husband was charged with firearm larceny in Virgina and took a guilty plea deal for theft without intent to steal. He did not pay his fines.

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

You would need to ask a Virginia attorney. Generally, paying fines does not affect the plea deal, but it's possible a warrant has been issued for failure to pay, which could subject your husband to incarceration.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a probation violation arraignment on zoom for random.tesr positive for ethanol use. Do I need a test before?

He recommended 5days in jail and a scram. He won't reply to my calls

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

Judge may ask you to. But at the arraignment, the judge will ask you if you want a hearing or admit guilt.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: My son is in a federal courts and no one is telling me if he's ok I haven't heard from him in a month. How can I find hi

He was the one from prison who done the fake anthraxs to the judge I know he done wrong but I am worried he had tried to commit suicide once before and just to know he is ok I still love my son I don't appreciate his behavior.

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2022

What jail or prison is he being held in? You can contact that facility. They probably won't tell you specifics but they may pass along a request that your son contact you. Or you can explain the situation and request that a chaplain or someone check up on him.

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