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Michigan Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for Michigan on
Q: How much do Jurors really bank on witnesses in trials ?

I have trial for a alleged robbery . They charged me by being technical . A woman was at this guys house with me on st Patrick’s day . We were drunk and having a good time but I became exhausted . she didn’t wanna stop drinking so I asked her to leave as she was too irate she became upset that... View More

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

Depends on the facts of the case, but it sounds like from what you're saying, your jury will only have the credibility of the witnesses to go on.

To be clear, a portion of her testimony - the most damaging part - can likely be corroborated by a broken cell phone. Hopefully your...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Good afternoon. My question is i hearing about a bill in Michigan that would reduce penalty for carrying with expired cp

My question is when will it become law? The law I mean is carry while cpl expired is supposed to be reduced to a civil infraction with this new bill

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

Who knows. Best thing you can do is contact your senator and representative to push for it to become law. Most often when a bill becomes a law, there is a set date when it becomes law. Actions completed before that date are still subject to the current law. So if that bill became law on Monday, but... View More

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I was with my girlfriend at the store I go back out to the car then she comes out a lot of cops come are they aloud to

The car on privet property it's not running and she's not in but I'm the passenger are they aloud to search me

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

Depends on what they saw and why they were there.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Michigan on
Q: I have been subjected to torture by cps, courts not responding to my request for assistance with the stopping of this.

I am looking for assistance with pro Bono council for the service of abstaining proper treatment and rights of disabled people with ADA compliance, custody, increased parenting time, the clearing my name from abuse and neglect and the treatment of years of negative behaviors by the other parties... View More

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

If you are in current abuse / neglect proceedings, you should have an attorney appointed to you, and you need to work with that person to address these issues.

One of the biggest mistakes parents make in these sort of cases is to focus on what the other person is doing, when the emphasis...
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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: If someone posts some personal health information of yours online without your permission, can you press charges?
Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

Perhaps, but your remedy might be best positioned as a civil action, something along the lines of invasion of privacy or defamation.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a person in Ohio own a firearm with a non violent, no drug conviction felony?
Brent T. Geers
Brent T. Geers
answered on Mar 10, 2022

You will need to ask an Ohio attorney. Generally, when it comes to firearms, a felony is a felony.

2 Answers | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Boyfriend was charged with a felony threat to kill and DV, he honestly does not know how to communicate his feelings

He has problems with what he say he will do but does not not act on them. He did in fact do things that would cause him to have a DV charge but how do we get the charges lesser then what they are, he honestly just needs counseling something that should have been assigned before

Brent T. Geers
Brent T. Geers
answered on Mar 10, 2022

Are you the victim? You need to understand that it's very common in domestic violence situations for the victim to say what you're saying. Domestic violence is treated seriously because even though you may feel this way, and know and claim to understand him better than anyone else, the... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: I am on probation and took my first drug test, it was diluted and I guess and adulterant was found.

I honestly had not bought any otc flushing products but was nervous to pee so I drank more water then I should have. besides all that I’m wondering if at the arraignment I should plead guilty or not. Thank you!

Brent T. Geers
Brent T. Geers
answered on Mar 10, 2022

No one can give you competent legal advice for your particular situation over the internet and without examining the evidence. That would be like you saying you have a cough and me saying "yep, you definitely have tuberculosis". You should consult with a local attorney quickly, preferably... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: In Michigan, do police officers have authority to search a locked container in the trunk of my vehicle that son drives?

Suppose my 17/18 year old son is pulled over by a police officer and the officer suspects use/possession of THC or nicotine and asks to search the vehicle. Keep in mind there is a locked container in the trunk of the vehicle.

Scenario 1: my son denies permission for a search. Does the... View More

Brent T. Geers
Brent T. Geers
answered on Mar 6, 2022

A proper search is premised on either a warrant exception (e.g., for vehicles, that is usually "plain view"), a warrant with probable cause, or consent. The police are always free to ask for consent to search.

In both your scenarios, I could see the police confiscating the box; I...
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1 Answer | Asked in Criminal Law and Communications Law for Michigan on
Q: We would like to possible pursue a case against a customer pursuant to Michigan’s eavesdropping statute

We are a small business in Colorado, who had a customer record our conversation without consent . We would like to possible pursue a case against this customer pursuant to Michigan’s eavesdropping statute prohibits recording in-person and telephone conversations without consent from all parties,... View More

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

If you're looking for criminal charges, contact the police. If you're looking for civil damages, they problem will be what damage you've sustained? Did they just record the conversation for their own purposes? Have they posted it on a blog or something and it's affected your business?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: In Michigan, do police officers have authority to search a locked container in the trunk of my vehicle?

If consent for a search is denied, but the officer has probable cause, are locked containers in the trunk subject to search? What if the key is not available to unlock the container?

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

Search challenges are fact-dependent. No real way to say "yay" or "nay" without seeing the reports and knowing what the container was and what the police had reason to look for.

1 Answer | Asked in Criminal Law and Real Estate Law for Michigan on
Q: I bought a house 7months ago.. 3months ago I noticed it's infested with rats.. do I have any recourse? what to do?

rats in every wall, every ceiling, and now getting into my house. neighbors say person who sold me the house knew about the rats.. I have 3 children. it's not safe anymore to live here with my children.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 27, 2022

This appears to be a question for an exterminator rather than a lawyer. Animals will live wherever they can get in and so long as there is food for them, so removing the ability to get into the house, and getting rid of food sources would seem to be the way to address this.

Did the...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Is a sex offender who pled guilty to 1st degree child molestation in MO who resides in AR able to petition to be release

...from registering? The child was 7. The conviction was in 2002. The offender has never been accused or arrested since then. He spent 4.5 years in prison, released in 2008.

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

You will need to direct this question to an attorney in MO or AR.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Restraining order

Hi my mom got a restraining order against my ex boyfriend the restraining order is in my moms name and her address I’m just one of the names on it and I was a minor when I was on it now I’m an adult and I don’t live with my mom if so person was to contact me would they still get in trouble or... View More

Michael Zamzow
Michael Zamzow
answered on Feb 15, 2022

I think the only way to know for certain is to have the restraining order reviewed. Remember you always have the ability to contact the police if he is contacting you and has a history with you bad enough that required a PPO. Reminding the police there is a PPO in place might also help them tailor... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I need to see if a restraining order could be placed against me.

I was seeing this girl for a short while and then I broke up with her. At the end of November, I found out she was pregnant and was genuinely scared about it. I hadn’t talked to this girl since December of 2020. I had my friend and girlfriend contact her about it and all was... View More

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

Doubtful, but you never know. Obviously, she doesn't want contact with you so your best bet would be to let things be and not contact her directly or through your friend or girlfriend.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can you get a dismissal expunged in michigan? I was arrested and the charges were dropped.

Unsure what my record says but do have copy

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2022

If the charge was dismissed, there is nothing to expunge. You should go online and pull a copy of your ICHAT record to see what shows.

1 Answer | Asked in Criminal Law for Michigan on
Q: Hypothetically.. if I were on HYTA probation and flew to Florida without permission from probation officer or courts,

Would probation or court be notified by TSA or airport? Would they only find out if I have police contact in Florida? I know it would be a bad idea so that’s not the answer I’m looking for. I’m wondering about the method of enforcing travel and ability to travel as a probationer. I don’t... View More

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2022

TSA would be checking your identity primarily through NCIC, and of course against other unknown "no fly" lists. You would be detained at the airport if you are wanted, your credentials are sketchy, or you otherwise cause problems in the airport or on the plane. That's how your... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a 5 time felon ranging from bank robbery, resisting arrest and carrying a gun have a rifle at his residence?

No longer on probation, lives in Michigan.

Brent T. Geers
Brent T. Geers
answered on Feb 3, 2022

No, unless the person goes through the process of having his or her "gun rights" restored. It is possible, but requires a 5 year waiting period and petition to the court. Until a person does that, it is a crime in itself for a felon to be in possession of any firearm.

1 Answer | Asked in Criminal Law for Michigan on
Q: What are the possible consequences for a first time felony charge of possession of an unlicensed firearm?

Pulled over for the lights being off, asked to step out of the car within 30 seconds for driving without a license. Searched the car and found a firearm, sat for about 40 minutes then detained both parties.

First time felony Ccw charge.

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2022

Maximum penalty is 5 years in prison. Depending on circumstances and your history - you say this is your first felony - it's likely to be probation or a short jail period, plus fines, costs, and forfeiture of weapon.

Like any crime, there are defenses available. And too, the search of...
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