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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: Once PPO expires in Michigan, does anything remain on record? Can I now have a career in law enforcement? Or own a gun?

Ex girlfriend filed a PPO, it went uncontested (long story, but all allegations were false).

Brent T. Geers
Brent T. Geers
answered on Oct 20, 2023

PPOs in general are non-public records. Once expired, you can possess a gun again (presuming you are otherwise entitled to do so (e.g. not have a felony conviction).

Can you have a career in law enforcement is a question you'll have to ask the certification people and any hiring...
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2 Answers | Asked in Immigration Law and Criminal Law for Michigan on
Q: Can a assault and battery charge for trying to kiss can prevent you from being US citizen?

My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More

James L. Arrasmith
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answered on Oct 14, 2023

An assault and battery charge can potentially impact a green card holder's eligibility for U.S. citizenship. When applying for naturalization, the applicant's moral character is evaluated, typically over the 5 years immediately preceding the application. A conviction for assault and... View More

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2 Answers | Asked in Immigration Law and Criminal Law for Michigan on
Q: Can a assault and battery charge for trying to kiss can prevent you from being US citizen?

My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2023

Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.

That lawyer, that judge,...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Is there any way for a victim to not be in the same courtroom as the person for which they are seeking a PPO against?

Due to the mental health of the respondent there is a significant likelihood that the person would be violent or use traumatizing language as well as appeal in hopes of spending more legitimate time with the victims.

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

In most counties, there are victim / witness services coordinators that can help address these concerns. A victim's right to be protected is sometimes in conflict with an accused' right to confront witnesses. But there are ways. And importantly, judges have contempt powers that can be... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Internet Law for Michigan on
Q: What kind of lawyer assists with Personal Protection Orders?

This is a non-domestic PPO and we need protection from stalking, sexual harrasment and cyberstalking.

T. Augustus Claus
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answered on Sep 11, 2023

If you need assistance with obtaining or defending against a Personal Protection Order (PPO) in a non-domestic context, particularly in cases involving stalking, sexual harassment, and cyberstalking, it's advisable to seek the expertise of a civil litigation attorney, a civil rights attorney,... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: should i get an attorney to get the one felony i have expunged? i havent had no trouble after n it was over 9 years ago

it’s for prisoner possesses contraband when they took me to jail for an owi i had pills in my bra

T. Augustus Claus
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answered on Aug 23, 2023

If you have a felony on your record that you wish to have expunged in Michigan, it's advisable to consider consulting with an attorney who specializes in criminal law or expungement. While the decision ultimately depends on your specific circumstances, having legal guidance can be beneficial.... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Michigan on
Q: If a inmate in a correctional facility request to go into protective custody to avoid a confrontation with another inmat

And the guards refused to let him and tell him if he does so write him a ticket. Is that against the inmates rights?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2023

I think if something were to happen now, there's possible liability on the prison. Whether a denial of protective custody at this juncture is appropriate is very much a fact-dependent question. Prisons do not need to just place someone in protective custody just because they ask. Usually,... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: If someone is released on their own recog are they looking at alot of jail time if it’s their first offense?

Less than 50 grams

Brent T. Geers
Brent T. Geers
answered on Aug 4, 2023

I don't think you can accurately infer a potential sentence from the bond in cases like this. Bond is intended to ensure 1) the person will show up to court, and 2) community safety. In more serious offenses of course it's presumed community safety is at risk (e.g. murder). It is not,... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Can a defendant ask for a reversal of a no contest plea in a criminal case?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Depends on whether sentencing happened. Either way, you can ask, but a judge does not have to allow it.

"Reversal" is actually asking to withdraw your plea. If you do, the case does not go away. You effectively go back to "Square One" - facing trial as-charged with all...
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1 Answer | Asked in Arbitration / Mediation Law, Criminal Law and Appeals / Appellate Law for Michigan on
Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison

The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More

Brent T. Geers
Brent T. Geers
answered on Jul 6, 2023

By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2023

The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Will my ex husband have charges and go to jail?

He was in a serious car accident Memorial Day. Been in hospital and now pt rehab since. He left me a drunk vm that day but I don’t know if there were charges. Would be his 6th dui. No driver license since Feb 2003. Bench warrant for outstanding child support. Obviously no insurance or ID. Rolled... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2023

Very likely he will face charges related to this. Typically in this situation like this, the police would have a blood draw and will charge him based on those results when they come back. And obviously it will be easy to confirm driving without a license, which is a misdemeanor itself.

The...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I accepted a 48mo plea, my guidelines were 78.. Delivery or manufacturing meth, I sold to a snitch.. I bonded out,

Went to rehab on my own, and have been to IOP and aa&na like 70x times since getting outta rehab jan22nd.. also recently started working.. I asked my attorney nonstop about drug court, he never brought it up at court n is saying I got a chance at swift&sure.. Also I was taking off bond... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2023

Let's consider a few things here:

You pled to delivering or manufacturing meth with, presumably, a recommended sentence of no more than 48 months. Your guidelines otherwise call for a sentence exceeding 78 months. Those are prison guidelines, and if you get anything less than prison,...
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1 Answer | Asked in Animal / Dog Law and Criminal Law for Michigan on
Q: I pled guilty to Animal abuse. My case has nothing to do with drugs or alcohol. Can the court put me on alcohol testing?

I pled guilty to misdemeanor Animal abuse because my lawyer said the prosecutor would drop the misdemeanor and charge me with a felony if I didn't. This case has ZERO to do with any type of drugs or alcohol. Now the court has put me in a veterans treatment court and is trying to make me... View More

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

I understand what you're saying but look at it this way: probation is in lieu of jail. You wouldn't be drinking alcohol in jail, would you?

And if you're in veterans treatment court, the counter argument would be made that drinking is contraindicative of the treatment and...
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1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... View More

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: How should I handle being stopped by an accusation of shoplifting when my ostomy bag is full?

I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in... View More

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.

The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Is it enough evidence?

A man was masturbating in his window the the 2nd time watching inside my house and my kids saw. I took pictures and called the cops and I want to press charges.

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

I think you have all the information you're going to get (hopefully). Whether it's enough to charge him is a decision the prosecutor will make after you report this to the police. A question will be whether this "show" was intentional or not. There is a difference between being... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: How do go about pressing charges?

My man for the 2nd time that lives next to me had his window open and looking into my living room where me and my kids were and he was masturbating right infront of the window were we could cleary see. My son who is 5 year old is the one who saw it and pointed it out. I have photo proof that... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Very sorry to hear that you are experiencing this. I would suggest that you video him in the act then call the police. This kind of sexual harassment is treated by the police very harshly when kids are involved. but they will need some proof, hence the video. As you video you should speak the... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What do I do when my lawyer violates attorney-client privilege and lies to the Michigan Attorney Grievance Commission?

The Michigan State Police and the Michigan Attorney Grievance Commission are investigating Michelle Elowski's legal practices. I have an open court case against her for conning me out of $25,000. The judge told her to work with me so she got an attorney and the both of them disappeared.... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

If an attorney has violated your attorney-client privilege and disclosed your confidential communications with the attorney to a third party, you should hire an attorney who practices in the area of legal malpractice to sue the attorney for any legally compensable damages you have sustained as a... View More

1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More

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