Lawyers, Answer Questions  & Get Points Log In
Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: conditions for an early release from parole in Michigan...such as payment of fees, compliance, min supervision ect?

I know it's possible can't find an mcl maby it's in policy directive

Brent T. Geers
Brent T. Geers
answered on Aug 31, 2022

It is a policy directive, subject to great discretion of the parole agent. But you have the right idea about having fines / costs / restitution paid, and full compliance being paramount.

1 Answer | Asked in Criminal Law for Michigan on
Q: Need info about no contact order between co defendants

Me and boyfriend are about to have baby and judge just issued no contact order because we are co defendants but my case got dropped

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

The no contact order on him could still remain. He and his attorney would need to address that with the court.

1 Answer | Asked in Child Support, Social Security and Criminal Law for Michigan on
Q: The amount of rerages owed is 64,000 and the judge is not being in my favor at all. What can i do? Please ?

Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... Read more »

1 Answer | Asked in Child Support and Criminal Law for Michigan on
Q: What can i do to get the least amount of time after pleading guilty to a 2nd hybitual for child support rerages?

I was told that its a point system guide that you all go by, is my sentence 11 months?

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

For that sort of charge? Your best bet to limit incarceration is to pay off as much as you can before sentencing.

By "point system" you probably are referring to the sentencing guidelines. They give the judge, and you, an idea of what an appropriate sentence should be based on...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My tether‘s been dead for two months since I’m getting charged anyways should I cut it off?

I struggle with substance abuse issues and I had violated my bond a couple times by dropping dirty and after they said my Bon

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

If you asked "I'm already driving drunk. Should I also speed?" Do you think anyone would tell you speeding is a good idea?

Hard to say what will happen, but at this point, you have two options: work with your attorney to turn yourself in and figure it out from there, or keep...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I am wondering if I just let my tether die will I still be charged with tampering even if I didn’t cut it off?
Brent T. Geers
Brent T. Geers
answered on Aug 24, 2022

Yes, you will. Very bad idea. And a sure way of convincing a judge you need to be in jail or prison and cannot be trusted on probation.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: Kidnapping victim & perp live in different states, where should the victim file the complaint?

If the victim & perpetrator live in different states but were both in the same state at the time, where should the victim lodge a complaint, in which state's court should I file and is it still considered a federal crime if the crime didn't cross state lines?

I was visiting... Read more »

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

You should contact Detroit police. Frankly, I'm not sure what they are going to do with a three year old complaint.

1 Answer | Asked in Criminal Law for Michigan on
Q: if if you let your GPS tether die is that’s considered tampering with an electronic monitoring device ?
Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

Yes. You are responsible for ensuring it is charged. Otherwise, what's to stop anyone from simply letting the battery run out and not be held accountable for where they were?

1 Answer | Asked in Child Support, Criminal Law and Family Law for Michigan on
Q: I am on ssi had recently 6 months of cancer treatments. Had to plead guilty for a crime from 93. Bcuz F.O.C backpay? Lg

They threatened to keep me for 4yrs or i plead guilty for 2nd hbt and pay 1500 to get out. I didn't know that ment i do 11 months on sentenceing day. I just did two and im on disability. How can they come to my home and nab me up when my kids are grown, im half alive and live a couple countys over?

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

Your child support arrearages never go away; doesn't matter how old your kids are. Your back-owed support reached the level of felony non-support.

You should be speaking to your attorney about this, the strengths are weaknesses of your case, and any offers made.

1 Answer | Asked in Criminal Law for Michigan on
Q: Over a year ago. This woman basically crazy out tried to attack and break into a couples home. All on video.

Over a year ago. Almost 13 Months now.

She was charged with 4 felony's ! Destruction of Property (2 counts over a 1000 each), Domestic Violence & Home Invasion. She was arrested in Jail for 4-5 days and Bonded out for 7grand and was forced to wear a GPS Tether. At the Dist Court... Read more »

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

Impossible to say without review of the record. Outside looking in, a lot of people make the mistake of comparing case-by-case. Every case is different, even between same charges and similar facts.

It's not at all unusual that if she's bonded out and has to this point complied...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: In michigan, can you expunge a DUI from twenty years ago, if I had a 2nd offense that was reduced to reckless driving?
Brent T. Geers
Brent T. Geers
answered on Aug 16, 2022

Technically, yes; practically speaking...you really need to consult with a local attorney who knows your judge.

1 Answer | Asked in Criminal Law for Michigan on
Q: Prior to 2021 in Michigan you had to of committed a crime before turning 24 to get the HYTA correct?

Also say the courts granted someone a HYTA but later found out the person who received it was not eligible for it in the first place what would happen? I happen to know someone who received their HYTA prior to 2021 who committed their crime after their 24th birthday and I have no idea how they even... Read more »

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

That is correct. That sort of thing happens though, from time to time. It's likely nothing would come of it if no one said anything about it before.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: can a judge revoke a bond for absolutely no reason at all??

he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... Read more »

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

Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: What will happen now after marijuana legalization in Michigan, having a marijuana misdemeanor warrant from 2016?

I was charged with possession of marijuana, i was pulled over, officer said he smelled marjijuana, i told him i forgot i had a grinder in my council and not in the back in a lock box, I had my medical marijuana card, since it was not locked up, I gave him the grinder, he charged me with possession... Read more »

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

Great question! Like many changes in the law, it remains to be seen what will happen in situations like yours. Best thing to do is contact the court. If there is a valid warrant for you, you may be arrested on it, so it's important to address it. And what matters is whether your actions were... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: for in michigan my attorney has a written statement from the person who did the crime but hasn't brought it to the

the prosecutor isn't that holding evidence ?

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

Withholding evidence, or not subordinating perjury? That's a question your attorney is probably wrestling with.

And what value do you expect this written statement to be? A note saying "I did it" does nobody any good without that person physically turning themself in. The...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... Read more »

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

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I don’t remember when my jury questionnaire was sent and I haven’t sent it in yet

I am worried about contempt, I am in Wayne county, MI. I’ve never had a felony or misdemeanor, and I’m able to report for jury duty. I’ve lost the return mailing address envelope sent so I don’t know where to send in a filled form. I guess my question is what is the chance I go to jail or pay a fine

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Aug 1, 2022

This is not legal advice, don't construe it as that. The only certain way of getting an answer you can rely on is by hiring an attorney. Below are some practical considerations:

Sometimes the best option is to call the clerk of courts and let them know. While you might face contempt,...
Read more »

2 Answers | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I've hidden 98% of my assets in crypto. Can this be found in a custody case?
Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

Can they be found? I'm no expert in crypto so I don't know. The opposing party's attorney, through appropriate discovery demands, could establish that you have or should have a certain dollar amount in assets, whether they are in crypto or not.

Larger question is what would...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Michigan on
Q: Do you have to plea guilty to get delayed sentence (771.1)? Can you plea no contest?

I already plead no contest and finished delayed sentence, is there any advantage ie expungement or replea to bring this up after case has been dismissed?

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

No. I'm not sure what you'd be looking for. If the case was dismissed because of the agreement that you successfully complete a delayed sentence, then there is nothing to expunge because you have no record.

A guilty plea and no contest plea are treated the same for most all the same purposes.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to throw something at a drive through window

They closed the window on me after calling me a liar

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

No, it's not. It's called malicious destruction of property. Or, depending on what you throw and who happens to be at the window at the time, could be felonious assault or worse.

What would you gain by doing so? Do you think they'd open the window and apologize to you? If...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.