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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Probate, Small Claims and Estate Planning for Michigan on
Q: if someone is passing away an you cant find a recent will , could there ex wife take everything if she has will

he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 9, 2021

In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: My minor child has received a subpoena to testify in court? What are his rights? Must he testify? Penalties?
Brent T. Geers
Brent T. Geers
answered on Feb 4, 2021

If he is a witness or victim, then yes, he must testify. Be aware that if any information surfaces that you as the parent are discouraging or otherwise hindering him from testifying, you could be charged with witness tampering, and you could find yourself subject to a CPS investigation.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is what she texted to me illegal?

I broke up with my girlfriend. I wanted the bed that I let her daughter borrow back. She responded in text “have a lawyer draw up papers that you will never talk to my family and that if you do you have to pay me $10,000. Then you can have it back”. This seems illegal to me but I cant seem to... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2021

Probably not illegal, but probably wrong and unenforceable. You might need to file a claim and delivery action in district court to get the bed back.

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Michigan on
Q: How long can Florida suspend my license in Michigan for 2 non traffic misdemeanor offences? Since 2008
Brent T. Geers
Brent T. Geers
answered on Feb 1, 2021

States that participate in the interstate compact will honor the restrictions / suspended imposed by the initial state.

Have you satisfied all conditions imposed by Florida? Since 2008 is a rather long time. Michigan will keep your license suspended, though, so long as Florida says it...
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1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: I need help

Is it legal for my estranged husband to take a vehicle that is from a buy here pay here lot registration and payments / contract is solely in my name leanholder did not even know the vehicle was in a differnt state did not authorize the transport of vehicle

Brent T. Geers
Brent T. Geers
answered on Jan 28, 2021

Have you filed for a divorce? Until you do, there is little anyone will be able to do for you here.

2 Answers | Asked in Bankruptcy and Criminal Law for Michigan on
Q: I lied on a police report 9 years 5 months ago no one was every convicted,case was closed,oiled about my rifle

I actually sold it to my brother in law,the time of the band I was driving back from Florida my ex wife at the time ,made the police report,I added my rifle the next day

Joseph H. Haddad
Joseph H. Haddad
answered on Jan 27, 2021

What is the question?

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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: My husband is on probation for domestic violence he got another domestic violence for attacking me again. What now
Daniel Hilf
PREMIUM
Daniel Hilf
answered on Jan 18, 2021

Your husband will likely face a new criminal prosecution, as well as a probation violation. The court will likely impose a no contact order to prevent him from having contact with you, if he is able to post bond. If he is unable to post bond, he will remain in custody throughout the court... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Question. I have like four felonies in my record non-voilent from 15 years ago?

Is there a way to seal my record & not expungement? Also, can I apply for a CCW? Mixed answers. Some say after I did my time & waited 5 years I can. Thank you,

Brent T. Geers
Brent T. Geers
answered on Jan 15, 2021

An attorney will need to review your record to determine actual dates, charges, and your eligibility. Generally though, you will be ineligible with four felonies.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan on
Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... View More

Brent T. Geers
Brent T. Geers
answered on Jan 14, 2021

You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: public defender told me that I should take the deal because I'm a black man in Allegan,MI I will be convicted legal or n
Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

That is not a reason to plea to something you are not guilty of. You should ask the attorney what are the elements of the crime you are charged with. Then, you must ask yourself whether there is sufficient evidence of those elements. Remember, evidence can be in the form of witness or victim... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: If I violate felony probation (In Michigan), can I receive more time for the violation than the underlying charge?

For instance, I received probation for committing a first degree retail fraud that has a maximum penalty of 5 years in prison. Prosecutor added a 4th habitual offender enhancement to it raising the maximum penalty to 20 years. My minimum sentencing guidelines for the retail fraud with 4th degree... View More

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

The guidelines continue to be relevant for sentencing. You are right that you've subjected yourself to another sentencing. The judge will take into account your properly scored guidelines at the time of your original sentence, any time you served, and the nature of the probation violation.... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal for an Adult to be friends Minors in Michigan.

I'm a 19 year old adult and I have some friends that are 15/16/17. I just wanna know if I can just genuinely like be their friend without any legal issues. I know that I cannot give them any illegal items or try anything sexual with them. But just as like a point of just hanging out with them... View More

Brent T. Geers
Brent T. Geers
answered on Dec 28, 2020

Not necessarily illegal, especially if you have an existing relationship with them. Just be aware that as you get older, people expect more from you. You are now legally an adult, and so if anything were to happen, people are going to look to you as the person who should have stopped it or known... View More

2 Answers | Asked in Criminal Law and Probate for Michigan on
Q: My son is 13 and he keeps finding a way to smoke weed. Can I put him on probation?
Trent Harris
Trent Harris
answered on Dec 21, 2020

Probation is something that's part of a criminal sentence. If you want your son to have a criminal record, you can make a police report. Then the police and prosecutor can find a way to charge him. It could also get you a visit from Child Protective Services. Those things may not work out so... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: What if any crime is the result of consistent and intentional harassment? Eight years worth so far

I’m being approached by messengers telling me that this male plans to never stop plus he hates me. He lies to justify his actions by telling others that I broke into his home 2019 and I robbed him at gun point 2020. This started after my rejecting all of his advances to spend time with me away... View More

Brent T. Geers
Brent T. Geers
answered on Dec 15, 2020

To start, you should petition the court for a personal protection order.

1 Answer | Asked in Criminal Law for Michigan on
Q: How much trouble could I get in if I contact my ex girlfriend?

My ex broke up with me. I sent her messages daily about the way she treated me from early May to late July. She did go to the Police near the end but nothing happened. She showed up at my moms house with her friend and one of them threw a flower pot at the house. She then changed her phone number.... View More

Brent T. Geers
Brent T. Geers
answered on Dec 11, 2020

You need to rethink your approach here. You - not her - will end up with the short end of the stick here. You could find yourself subject to a PPO, or worse, being arrested.

Look, the relationship ended; it's unfortunate that apparently she is unwilling to hear you out and bring a more...
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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Michigan on
Q: Legality of bicycling on breakwater in Marquette, Michigan

The breakwater is public and often visited by pedestrians. No signs on the premises make mention of pedestrians or otherwise, only that one may not damage federal property.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. This does not appear to involve maritime law. If there is no signage, it could be difficult to determine what the exact rules would be. One option could be to check with local lawmakers, officials, or land-use... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Interesting... What is the basis for the habitual offender status? I have yet to find any other previous or subsequent.

I also don't see any citation which makes authorizing a sexually active youth to take some condoms, after being directly asked by same. There is no age limit on condoms. Why is this case posted publicly without permission?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 18, 2020

You are clearly asking questions that require specific advice about an ongoing case. That is not possible in an open forum like this. Please seek local legal representation from a licensed attorney.

-- This answer is offered for informational purposes only and does not constitute legal...
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1 Answer | Asked in Criminal Law for Michigan on
Q: what we do if a judge put untrue statements in his verdict?
Brent T. Geers
Brent T. Geers
answered on Nov 15, 2020

A judge may opine about evidence, facts, and testimony properly presented. Importantly, that means they can determine one witness's "truth" may be more truthful than another witness; that's called credibility. If there is reason to believe a statement, I'm not sure what... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: If a 2nd degree arson charge drops from 53-81 months to 3rd degree arson 0-5 months do I stand a good chance of winning?

This was my own home and we had no insurance so we lost everything and I was the one that called 911 there's no ignition Source or accelerant they don't even know what started the fire I assumed I am being charged because I was the only one there at the time so they tried to make me plea... View More

Brent T. Geers
Brent T. Geers
answered on Nov 10, 2020

You should first check with your attorney to determine your guidelines on each charge. 2nd degree arson is a 20 year felony, and 3rd degree arson is a 10 year felony. I doubt that if your guidelines on a 2nd degree would 51 to 83 months, that they would drop that significantly down to 0-5 months.... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: What can we do about this case?

The situation is this kid on Instagram he is apparently 18 and from Canada. He asked girls for their nudes and insulted them when he didn’t get them. He got exposed for this and then he disabled his account and send all of the nudes he had of these girls to random accounts on his spam page, I... View More

Brent T. Geers
Brent T. Geers
answered on Nov 7, 2020

If you believe a crime occurred, you should contact your local police department and file a complaint. The police - particularly state police and federal law enforcement - have the necessary resources to investigate this. A lot will depend on how old the girls were and what was said in these... View More

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