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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: trying to drop a PPO on my boyfriend. Without his signature and no court date. I want PPO dropped now how can I do that?

I went to court house to try to drop PPO which I did not want the prosecutors made me get it. How can I get it dropped without sending a registered certified letter to my boyfriend. I'm not sure his whereabouts and they told me he has to sign the slip and send it back and then we have to go to... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Michigan, to drop a Personal Protection Order (PPO) that you've filed, you generally need to follow the court's established procedures. This often involves filing a motion to terminate or modify the PPO. While you have filled out the necessary paperwork, the requirement to notify your... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Michigan on
Q: Can I get my gun rights re-instated after a Domestic Misdemeanor from 15 years ago?

Hello! Michigander, here. I was charged with a Domestic Misdemeanor in 2008 that I have paid all dues for and completed probation, and have not committed any crimes since. Considering the new Bipartisan Safer Communities Act's five year restriction "after which the right to own a firearm... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, the process for restoring your gun rights after a domestic misdemeanor conviction from 15 years ago can be complex and depends on various factors. The recent changes in state and federal laws you mentioned, like the Bipartisan Safer Communities Act and Governor Whitmer's House... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Health Care Law for Michigan on
Q: What is the legal status of Psilocybin Liquid Culture in Michigan and in the United States of America as a whole?

It’s basically living mycelium suspended in a liquid culture solution. It’s like a spore syringe except its post germination and contains living mycelium

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, Psilocybin Liquid Culture, which consists of living mycelium suspended in a liquid culture solution, falls under the state's controlled substances laws. Psilocybin, the psychoactive compound found in magic mushrooms, is classified as a Schedule I controlled substance in Michigan.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Is the knowledge, training, or experience of an officer considered facts to constitute probable cause for search warrant

The cops raided the house where I live based on a warrant where facts listed on the affidavit were facts such as those amongst other things.

I was also wondering about particularity clauses and the definition or examples of a blanket warrant.

The property to be searched for and... View More

James L. Arrasmith
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answered on Jan 7, 2024

In determining probable cause for a search warrant, the knowledge, training, and experience of a law enforcement officer can indeed be considered. The officer's expertise can contribute to interpreting and understanding the significance of facts and circumstances that might otherwise seem... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: Will I violate my probation for charge I got but not been convinced for before being placed in probation?

I caught 2 charges 1 driving on suspended and one domestic before, I was ever put on probation. I have court coming up for both of them. If convicted, will this be a violation of my probation?

T. Augustus Claus
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answered on Jan 1, 2024

Generally, if you are placed on probation and then subsequently convicted of new charges, it could be considered a violation of your probation. The terms of probation often include a requirement to avoid new criminal offenses. If you are facing court for charges that occurred before you were placed... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
James L. Arrasmith
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answered on Jan 13, 2024

Removing information about your husband's case from the internet can be challenging, but there are steps you can take to address the issue.

First, you may want to contact the website owners or administrators directly and request the removal of the specific content. Be polite and...
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2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

No. The Internet has a long memory. And unfortunately it isn't always accurate. Even when people are acquitted after a trial - usually months or years after news breaks of their arrest - those initial reports remain.

Further, news sources have a right to publish public information, and...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: How do I replace my michigan federal court appointed attorney who is racist and hostile
Dana B. Carron
Dana B. Carron
answered on Dec 18, 2023

When you go into court the next time, you calmly ask the judge if you may address him on something very important that your attorney is not willing to say. Then when the judge allows you to do that, you then calmly ask to have a new attorney appointed BECAUSE "there has been a complete... View More

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2 Answers | Asked in Criminal Law for Michigan on
Q: How do I replace my michigan federal court appointed attorney who is racist and hostile
Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Excellent advice by Mr. Carron. All too often, clients think lambasting the attorney to the judge - whether right, wrong, or otherwise - will help them. In most instances, it's harmful to the client.

Judges understand attorneys and clients are people, and not everyone gets along for a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal

And is it good to go to trials on these cases

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2023

Only you and your current lawyer will know the answer to this. As a general proposition, the outcome after trial in terms of punishment is worse than with a plea.

You need to decide whether you are guilty. It's not a question of what you think is right or wrong, or even what you think...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

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

if someone is an inmate in michigan and gets extradited to florida for criminal charges and the verdict is rendered and they signed papers to be sent to do prison time back in Michigan how long does it take to get back there? and who's responsibility is it to get the prisoner back to Michigan?... View More

Brent T. Geers
Brent T. Geers
answered on Dec 7, 2023

Generally, it's the state requesting extradition that's responsible for the pickup and costs. In this case, it sounds like Michigan is requesting this person back, and the signed papers waiving extradition. Now it's a wait-and-see game.

There is no set timeline. Often -...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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1 Answer | Asked in Banking and Criminal Law for Michigan on
Q: What do I need to do if someone wrote me a bad check for $850 in Michigan?

This lady has strung me along and lied several times. I have all of her messages. I have the bad check.

James L. Arrasmith
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answered on Nov 12, 2023

In Michigan, if you've received a bad check, there are several steps you can take. Initially, contact the issuer of the check and request payment. If they fail to make good on the check, you can send a formal demand for payment via certified mail. Michigan law allows you to demand payment... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More

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answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

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answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

1 Answer | Asked in Native American Law, Criminal Law and Constitutional Law for Michigan on
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?

My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.

James L. Arrasmith
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answered on Oct 23, 2023

Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that... View More

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