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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: If I’m incarcerated in one state with a pending case in another is there a way to deal with the charges
Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

Yes. through a lawyer in the other state.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: If you're in trouble federally would the fbi send you a letter in regular mail saying you are target of an investigation

And the letter say to come to their office 2 plus hours away and bring a lawyer with in the next 2 years or they may issue a warrant?

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

2 years? It's entirely plausible for the FBI or any of the other "3-letter organizations" to reach out to you and let you know you are a target of investigation to secure your cooperation. There are also a lot of scams out there.

Do you have reason to believe you would be...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: What area of practice covers both drivers license restoration and gun record expungment (preventing / restricting employ
Dana B. Carron
Dana B. Carron
answered on Jan 30, 2022

My associate handles both of these areas. You can contact me for further information if you wish, or you could probably find someone else the easiest by searching for an attorney that runs a general practice.

2 Answers | Asked in Criminal Law for Michigan on
Q: I have a PPO on a guy that now his wife is making rude comments on my business Facebook page is this allowed
Brent T. Geers
Brent T. Geers
answered on Jan 29, 2022

Possibly not. Depends on what the PPO prohibits (third party contact?), and what comments his wife is making. You may need to seek one on her eventually.

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1 Answer | Asked in Criminal Law for Michigan on
Q: If a person is arrested for a crime and go through a jury trial and found not guilty can it found through a background

Check

Brent T. Geers
Brent T. Geers
answered on Jan 29, 2022

Yes. There would not be a conviction. Evidence of having been arrested and charged with a crime could still exist (e.g. news reports).

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Is COVID a viable exemption to the right to a speedy trial?

My fiance is in jail in Michigan for a crime committed there. He's in the COVID quarantine pod and has missed his probable cause hearing twice, another man in the pod missed his 5 times, although he's no longer positive for COVID. Is this a violation of his right to a speedy trial?

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

No, but there may be other actionable problems here. Generally, there is a right to have the actual preliminary examine within 21 days of arraignment unless waived, or upon "good cause" by the court.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can extradition boudaries be changed after issued
Brent T. Geers
Brent T. Geers
answered on Jan 22, 2022

Are you talking about pick-up ranges on warrants? Often times, when someone has a warrant, there will be a pick-up range listed. For instance, a warrant out of Kent County might say "we'll pick up within 100 miles from Kent county. That range depends on what the warrant is for (e.g. what... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I have somebody who is looking for help in a legal case, they are wanted and want to turn themselves in, but need help

This person is 20 years old, and wanted from another state. They want to get their life together but need to turn themselves in. They want to, but do not want to have to go back to the state the charges are in due to some issues. Such as they were molested by a sibling and they don’t want to live... View More

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

Hire an attorney in that state to help deal with this.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: An ex requested a ppo out of state
Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

What is your question? If you are aware of a PPO or have been served with one, you should act to respond appropriately to the allegations. If it's from out of state, you will likely need to hire an attorney in that state.

1 Answer | Asked in Criminal Law for Michigan on
Q: Currently my boyfriend has been in custody since 10/2019. I have questions in regards to speedy trial and pandemic.

He is currently awaiting trial and had been for 2 years. His original trial date was set for 4/2020 before it was canceled because of Covid. He is still awaiting and serving dead time for over 2 years now. It seems that the court system is scheduling trials for individuals that committed the... View More

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

The frustration is understandable. I can tell you your boyfriend is not alone in his situation as many others - including parolees - have been or are still in the same position.

Just know that what most people think of as "speedy trial" is far more nuanced and complex. Just by...
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1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: My former boss loaned me 1500 and I haven't been able to pay it back. He's taking me to court. What should I expect?
Brent T. Geers
Brent T. Geers
answered on Jan 6, 2022

Assuming it's small court...no attorneys are allowed. You'll have a hearing - maybe with a judge / probably a magistrate or referee, depending on how that particular court is structured. From there, it will look a lot like what you may see on those judge TV shows (without the drama and... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I need to know if my CSC 4th degree from1998 in Michigan is eligible for expungement
Dana B. Carron
Dana B. Carron
answered on Jan 6, 2022

You need to speak to an attorney that handles expungements, because it will depend on your complete criminal history. We handle these, or you can contact someone else that you find here.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Michigan on
Q: Why would the death certificate be pending, when the Post Mortem Report listed "clozapine toxicity"?

He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.

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

Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.

1 Answer | Asked in Criminal Law for Michigan on
Q: Should this evidence have been presented during initial contact with the courts?

Persons have been exonerated due to official misconduct, false confession, perjury or false accusation or false/misleading forensic evidence.

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2021

How does any of this relate to what, presumably, is a case against you? The problem when people start saying "so-and-so committed perjury / lied / etc.", is that you have to prove it. No court is going to make a conclusion based on a bare-bones assertion that someone lied or some false... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: My Fiance was spit on and acted in self defense and was arrested. What can we do?

My Fiance was spit on after warning a person in a boarding house situation to get away from our door and informing him that he had defense spray. After this person lunged into the doorway and spit in his face, he used said defense spray and acted in self defense. Police said they couldn't... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2021

To render a competent opinion, any attorney will need to see the police report. A lot will depend on what the police believe happened, what your fiance's record is like, what other witnesses say, etc. He may raise self-defense as a trial issue.

1 Answer | Asked in Criminal Law for Michigan on
Q: How do I post a 10% cash deposit bond and how do I know if my friend is eligible?
Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

Contact the jail. They will know what the bond is. There are basically three types of bonds: personal recognizance (basically a signature promising you'll show up to court), 10% bonds (you pay 10% of the total bond amount in cash or surety, and cash/surety (the entire amount needs to be place... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: If a Misdemeanor marijuana possession charge from 2013 is just now going into pre-trial, will it be dismissed?

A possession charge from 2013 was never taken care of. On a trek to take care of old stuff, it was assigned a pre-trial/arraignment date. How likely is it that the judge will dismiss the case given the current legality of marijuana in the state?

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

Wow! Haven't seen one of those in awhile. The court would not have to dismiss it, because it sounds like it was charged at the time and just not addressed. However, I would imagine the prosecutor will be very interested in resolving this favorable and quickly.

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

Brent T. Geers
Brent T. Geers
answered on Dec 22, 2021

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: how can a person get plea deal back after denying the offer andgoing to trial and get found guilty?

Also in a case of jury tampering, where a juror told two other juror about being approach outside court room about finding defendant guilty. do the judge have to do an investigation questions all jurors whos involved or could the judge just bring out all jury member and not question them about the... View More

Brent T. Geers
Brent T. Geers
answered on Dec 21, 2021

You're not going to get the plea deal back. The time to accept the plea deal was before the jury sat down and was sworn in. Once a trial starts, you're in it for all the marbles.

Jury tampering is a separate issue, and will need to be addressed on appeal possibly. From the...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

Brent T. Geers
Brent T. Geers
answered on Dec 10, 2021

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... View More

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