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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Refuse to testify in a Felony assault case. How to avoid jail time for disobeying a subpoena to testify.

Boyfriend was charged with assault to great bodily harm Less then death or strangulation. 2 count of domestic violence, and interfering with communication causing harm or death. I don’t want him to go to prison. I don’t want to go to jail if or when I get subpoenaed for not testifying against... View More

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

You are in a tough spot. This stopped being between just you and your boyfriend the minute the police were called.

It may be helpful in your analysis of what to do to know that in domestic violence cases, Michigan law (MCL 768.27c) allows the prosecutor to present your statements made to...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Will a name change background check result in a civil lawsuit for a crime in which the victim did not press charges?

Two and a half years ago, I was expelled from a university for stalking a female student. I did not fight it, I simply confessed to doing it. However, no criminal charges were made against me, just the expulsion. Now, I need to get a job which asks about disciplinary action in college. So I want to... View More

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

Background checks serve two purposes: 1) obviously to find disqualifying history, and 2) to help establish your character for truthfulness. Many people forget that second part. You may have heard the saying "it's not the crime, it's the coverup"; same thing applies to background... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I was prosecuted, convicted, sentenced, and sent to prison where I served my entire 2yr sentence on an invalid complaint

So what are the next steps to have a criminal judgment vacated based upon lack of subject matter jurisdiction?

Brent T. Geers
Brent T. Geers
answered on May 26, 2020

That won't work. You went to trial, I'm presuming; the court almost certainly had jurisdiction as you were found guilty of committing a felony in that county. The answer to what you can do now depends on what you have done already. Most likely, you can file a "6500 motion" -... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a Lawyer in Livingston County Mi. That can be hired just for Requesting a bond hearing due to the Corona issue

There is No court date for my boyfriend anytime soon and he is in the Non violent case in federal.

Brent T. Geers
Brent T. Geers
answered on May 18, 2020

Possibly. Is your boyfriend sentenced? If not, then he should have an assigned attorney if he didn't already retain a lawyer. You could call the federal defenders office for the Eastern District to see. If he has an attorney, that attorney must file (if there are legal grounds to do so).... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I legally own a gun without getting my husband in trouble even though he is a felon?

13 years ago my husband (as a teen) went to prison for committing a crime. His charges were felony firearm, assault without the intent to murder, discharging a firearm at a dwelling within city limits, and possession of a short barreled firearm. He did 4 years in prison and was released in 2011. He... View More

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

Good question. There is a process for people with felonies to restore their gun rights. I would not recommend you keep a weapon in the house or anywhere your husband may be deemed to have constructive possession (i.e. access and ability) until he successfully completes that process.

1 Answer | Asked in Criminal Law for Michigan on
Q: Does reporting a sexual assault mean I have to press charges?
Brent T. Geers
Brent T. Geers
answered on May 10, 2020

There are too many factors for a definitive answer. Generally, if you report to a treatment agency (e.g. YWCA or hospital), you may choose whether to proceed with criminal prosecution.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I know has been accused of touching a child.Shes 18 now and is making these allegations.How can he clear himself

A friend of mine has been accused of inappropriately touching a young child when she was six, that's what shes saying. She is 17 or 18 now. My friend is very upset and is wrongfully accused. Can he take her to court to get his name cleared? If so what steps should he go about this?

Brent T. Geers
Brent T. Geers
answered on May 4, 2020

Depending on the allegations and to whom she is making these claims, this could result in serious criminal charges against your friend. If it were me, I'd keep silent about the allegations. And if he is contacted by law enforcement, definitely get a lawyer before speaking with them.

1 Answer | Asked in Car Accidents and Criminal Law for Michigan on
Q: Driver crashes into building (not under influence), are criminal charges a possibility?

New driver (not under the influence) crashes into building, does damage to building, gets careless driving ticket (has yet to go to court due to covid). At scene, police searched vehicle, found nothing, they did threaten to charge driver with a hate crime or malicious destruction of property (no... View More

Brent T. Geers
Brent T. Geers
answered on May 1, 2020

It's possible. I would imagine when he goes to court, the prosecutor will likely want him admit to careless driving right then or they'll charge him with reckless driving and malicious destruction of property.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a HYTA or automatic expungement recipient sue a newspaper to remove arrest article?

My son took his own life last year. 3 and a half years before that he burglarized 2 stores, was arrested, but entered into a HYTA bargain. 3 years later he had fulfilled his requirements and the charges were dismissed, had a job, owned his own house, had a dog and a girlfriend.

He lost his... View More

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2020

My condolences on the loss of your son. Unfortunately, particularly in today's internet age, the "bell" cannot be unrung. The media reported what was true at the time: your son's arrest. HYTA means that there was no conviction as part of the disposition; however, HYTA does not... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Michigan on
Q: Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?

Can the prosecution's witness legally tamper with the defendants witnesses by committing witness intimidation?

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

No. But what are you considering witness intimidation?

2 Answers | Asked in Criminal Law for Michigan on
Q: What is the punishment if a inmate of a county jail is taken to the hospital for surgery cuts tether off and escapes
Brent T. Geers
Brent T. Geers
answered on Apr 10, 2020

That person would likely be charged with a felony. At a minimum, he or she just signed up for an extended stay in the jail, with a significant downgrade in accommodations at least in the short term (e.g. segregation).

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1 Answer | Asked in Criminal Law for Michigan on
Q: I’m charged w/ felony firearm, possession of a firearm, possession of ammunition yet I’ve never been caught with one

Apparently the police searched a house that my mother owned almost two years ago and broke open a safe with a gun and ammo in it. Still, I was in another state and had been almost two years at that point.

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2020

Will be interesting to see how you are tied to that property. This is where the warrant affidavit may come in handy. You'll also need to look into whether there is witness testimony or fingerprint evidence.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: I have a question. I live in Michigan and I am 35. I was barely talking to a 17 year old. Can I get into trouble
Brent T. Geers
Brent T. Geers
answered on Apr 6, 2020

I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.

What seems...
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1 Answer | Asked in Criminal Law for Michigan on
Q: is there any way to suspend my drug and alcohol testing during the self quarantine order in my county?

It was DWLS charge. I recieved a 30 day sentence which i served from march 12th to april 2nd. i was recommended to do a 14 day quarantine upon release and where i live we have a self quarantine oder. i have a wife and 3 children, one of them only being 11 months old. I should also mention that I... View More

Brent T. Geers
Brent T. Geers
answered on Apr 4, 2020

Talk with your probation officer. Unless told otherwise by that person or a judge, you are obligated to comply with all terms and conditions of your probation order.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Someone I want to live with has a felony in another state that happened 30yrs ago. I am a gun owner can we live together

My gun is kept in a safe that they do not have access to.

Brent T. Geers
Brent T. Geers
answered on Apr 2, 2020

Not a wise idea. However, he may be eligible for restoration of his gun rights - thus alleviating the problem. He should consult with a local attorney versed in that to determine whether he is eligible and go through the process before you two move in together.

1 Answer | Asked in Criminal Law for Michigan on
Q: How long in mi after being in jail do they have to do your pre-trial.

My boyfriend has been in jail since January and has seen his public defender once and has only had his arraignment no pre-trial date has been set it's a felony charge

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2020

Unless your boyfriend is pending a psych eval, he had to have had a preliminary exam or waived it by this point. And at this point, they would have had what in my county is called a status conference or pretrial conference. There could be a number of reasons why those may not have happened, or he... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can you film a member of the public if they are involved in a police incident?

This would be on public property.

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2020

Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can you tell me how long Elkhart indiana can hold my fiancé in jail with no probable cause for another county?

My fiancé was arrested in Elkhart Indiana for a warrant for cass county Michigan. He’s been in there for a week now without hearing anything. Hasn’t signed any papers or has not gone in front a judge. I feel like I’m getting the run around cuz nobody will tell me anything.

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2020

He probably has a hold and is pending extradition proceedings. If he waives, Indiana would give Michigan just a reasonable amount of time to come get him. If he fights extradition, he will be arraigned in Indiana where a bond will be set pending the extradition hearing process.

In most...
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1 Answer | Asked in Criminal Law for Michigan on
Q: What grounds does court have for conviction with felon with possession ,carrying concealed weapon and felon firearms

Basically is this worth trying to fight .was offered a plea ..or a trial ,not sure of it's worth fighting if case is lost facing 8yrs .This is not a first offense

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2020

I don't understand the question completely. Are you asking about the factual basis for each charge?

1) Felony in possession - possessed a firearm while legally unable to do so due to a prior felony without having your gun rights restored.

2) CCW - carrying a weapon concealed...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I have a disorderly charge in mahcomb county. I missed my court date because I was in jail in Ohio.

I called 41b they told me to plea by mail. Case number is 19-2811c. What is my best option

Brent T. Geers
Brent T. Geers
answered on Feb 25, 2020

If you want to fight the charge and have a trial, you'll need to make your way to Macomb county and deal with the bench warrant that has been issued. If not, then what the court told you about plea by mail is probably a good option.

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