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Michigan Criminal Law Questions & Answers
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... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: How many feet away does my daughter's boyfriend have to stay away for 4th degree child abuse court ordered.

can I get into trouble if I know he's been within 10 feet of the child and not report it. she still sees him and they switch back and forth with a car. So he is around the child when she gets out of car and he goes to leave cause she lets him hang at apartment when my grandson is in school.his... Read more »

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

You can't get in trouble, but the boyfriend can. And your daughter is practically inviting CPS to enter the picture and remove the child into foster care, which could lead to termination of her parental rights. IF that were to happen, CPS would likely consider you for placement of the child... Read 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... Read 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,... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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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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... Read more »

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