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Michigan Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

An event like this would ordinarily be disclosed to the defendant on the record but outside the presence of the remaining jurors. The prosecutor likely knows nothing more about the circumstances than the defense attorney; court staff would alert the judge to the juror issue, and the judge would... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

James L. Arrasmith
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answered on Feb 28, 2024

In the context of a jury trial, the integrity and composition of the jury are fundamental to ensuring a fair trial. If a juror leaves during deliberation and does not return, the court has mechanisms in place to address this issue. It's important for the trial to maintain its integrity, and... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

Who are you seeking the retraction from? And if the retraction you're seeking is from false statements, can you prove those statements false?

It sounds like there is a body, and the cause of death is at issue. Unless the family is prepared financially to exhume the body and have...
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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

James L. Arrasmith
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answered on Feb 24, 2024

To address false statements and fraudulent misrepresentations in documents, you can start by gathering all relevant evidence and documentation that highlight the discrepancies. This includes the death certificate, autopsy report, and any correspondence from government agencies or the funeral home.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Michigan on
Q: I need someone to get the surveillance video from Kalamazoo gospel mission because is letting my rights be violated bad.

THE STAFF AT THE KALAMAZOO GOSPEL MISSION NEEDS TO BE FIRED. THIS MENTALLY HANDICAP MAN JUST LAID DOWN NEXT TO ME AND IS THREATENING ME AND THE STAFF KNOWS AND WILL DO NOTHING. I WOULD LIKE TO FILE A LAWSUIT AGAINST THE MISSION AND ONCE WE GET THE VIDEO FROM THE PAST MONTH AND A HALF YOU WILL... View More

James L. Arrasmith
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answered on Feb 24, 2024

If you believe your rights are being violated at the Kalamazoo Gospel Mission, it's important to take appropriate steps to address the situation. Start by documenting the incidents and gathering any evidence, such as witness statements or written records of the events. Consider reaching out to... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: cops told me no contact with a guy the guy got into contact with me, i ding dong ditched his house can i get charged?

My girlfriends ex was harassing us, i told him i would defend myself if he took it any further because he tried to meet up. he called the cops on me and the cops told me not to get into contact with him and he cant with me or my girlfriend anymore, he eventually broke that rule 2 months later and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2024

Big life lesson here: why are you fighting stupid with stupid? He already called the cops on you; what makes you think he wouldn't call again? What did you think was going to come from you going to his mom's house? You are needlessly putting yourself in situations you don't need to... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

Dana B. Carron
Dana B. Carron
answered on Jan 31, 2024

Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Public Benefits and Tax Law for Michigan on
Q: What happens when someone knowingly commits fraud for taxes and government aid by Using a false address. What can I do

My girlfriend moved into her father's house to help him with chapter 13 bankruptcy. It has come to her attention that her sisters fraudulently use the address for taxes and government assistance hindering her ability to properly receive these benefits. What can she do to rectify this since... View More

James L. Arrasmith
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answered on Jan 29, 2024

If someone commits fraud by using a false address for taxes and government aid, it's a serious issue that needs addressing. In your girlfriend's case, where her sisters are using her father's address fraudulently, this can indeed affect her ability to receive benefits legitimately.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: trying to drop a PPO on my boyfriend. Without his signature and no court date. I want PPO dropped now how can I do that?

I went to court house to try to drop PPO which I did not want the prosecutors made me get it. How can I get it dropped without sending a registered certified letter to my boyfriend. I'm not sure his whereabouts and they told me he has to sign the slip and send it back and then we have to go to... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Michigan, to drop a Personal Protection Order (PPO) that you've filed, you generally need to follow the court's established procedures. This often involves filing a motion to terminate or modify the PPO. While you have filled out the necessary paperwork, the requirement to notify your... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Michigan on
Q: Can I get my gun rights re-instated after a Domestic Misdemeanor from 15 years ago?

Hello! Michigander, here. I was charged with a Domestic Misdemeanor in 2008 that I have paid all dues for and completed probation, and have not committed any crimes since. Considering the new Bipartisan Safer Communities Act's five year restriction "after which the right to own a firearm... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, the process for restoring your gun rights after a domestic misdemeanor conviction from 15 years ago can be complex and depends on various factors. The recent changes in state and federal laws you mentioned, like the Bipartisan Safer Communities Act and Governor Whitmer's House... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Health Care Law for Michigan on
Q: What is the legal status of Psilocybin Liquid Culture in Michigan and in the United States of America as a whole?

It’s basically living mycelium suspended in a liquid culture solution. It’s like a spore syringe except its post germination and contains living mycelium

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, Psilocybin Liquid Culture, which consists of living mycelium suspended in a liquid culture solution, falls under the state's controlled substances laws. Psilocybin, the psychoactive compound found in magic mushrooms, is classified as a Schedule I controlled substance in Michigan.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Is the knowledge, training, or experience of an officer considered facts to constitute probable cause for search warrant

The cops raided the house where I live based on a warrant where facts listed on the affidavit were facts such as those amongst other things.

I was also wondering about particularity clauses and the definition or examples of a blanket warrant.

The property to be searched for and... View More

James L. Arrasmith
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answered on Jan 7, 2024

In determining probable cause for a search warrant, the knowledge, training, and experience of a law enforcement officer can indeed be considered. The officer's expertise can contribute to interpreting and understanding the significance of facts and circumstances that might otherwise seem... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: Will I violate my probation for charge I got but not been convinced for before being placed in probation?

I caught 2 charges 1 driving on suspended and one domestic before, I was ever put on probation. I have court coming up for both of them. If convicted, will this be a violation of my probation?

T. Augustus Claus
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answered on Jan 1, 2024

Generally, if you are placed on probation and then subsequently convicted of new charges, it could be considered a violation of your probation. The terms of probation often include a requirement to avoid new criminal offenses. If you are facing court for charges that occurred before you were placed... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
James L. Arrasmith
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answered on Jan 13, 2024

Removing information about your husband's case from the internet can be challenging, but there are steps you can take to address the issue.

First, you may want to contact the website owners or administrators directly and request the removal of the specific content. Be polite and...
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2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

No. The Internet has a long memory. And unfortunately it isn't always accurate. Even when people are acquitted after a trial - usually months or years after news breaks of their arrest - those initial reports remain.

Further, news sources have a right to publish public information, and...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: How do I replace my michigan federal court appointed attorney who is racist and hostile
Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Excellent advice by Mr. Carron. All too often, clients think lambasting the attorney to the judge - whether right, wrong, or otherwise - will help them. In most instances, it's harmful to the client.

Judges understand attorneys and clients are people, and not everyone gets along for a...
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2 Answers | Asked in Criminal Law for Michigan on
Q: How do I replace my michigan federal court appointed attorney who is racist and hostile
Dana B. Carron
Dana B. Carron
answered on Dec 18, 2023

When you go into court the next time, you calmly ask the judge if you may address him on something very important that your attorney is not willing to say. Then when the judge allows you to do that, you then calmly ask to have a new attorney appointed BECAUSE "there has been a complete... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

2 Answers | Asked in Criminal Law and Sexual Harassment for Michigan on
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal

And is it good to go to trials on these cases

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

Only you and your current lawyer will know the answer to this. As a general proposition, the outcome after trial in terms of punishment is worse than with a plea.

You need to decide whether you are guilty. It's not a question of what you think is right or wrong, or even what you think...
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