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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Restraining order

Hi my mom got a restraining order against my ex boyfriend the restraining order is in my moms name and her address I’m just one of the names on it and I was a minor when I was on it now I’m an adult and I don’t live with my mom if so person was to contact me would they still get in trouble or... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 15, 2022

I think the only way to know for certain is to have the restraining order reviewed. Remember you always have the ability to contact the police if he is contacting you and has a history with you bad enough that required a PPO. Reminding the police there is a PPO in place might also help them tailor... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I need to see if a restraining order could be placed against me.

I was seeing this girl for a short while and then I broke up with her. At the end of November, I found out she was pregnant and was genuinely scared about it. I hadn’t talked to this girl since December of 2020. I had my friend and girlfriend contact her about it and all was... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

Doubtful, but you never know. Obviously, she doesn't want contact with you so your best bet would be to let things be and not contact her directly or through your friend or girlfriend.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can you get a dismissal expunged in michigan? I was arrested and the charges were dropped.

Unsure what my record says but do have copy

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2022

If the charge was dismissed, there is nothing to expunge. You should go online and pull a copy of your ICHAT record to see what shows.

1 Answer | Asked in Criminal Law for Michigan on
Q: Hypothetically.. if I were on HYTA probation and flew to Florida without permission from probation officer or courts,

Would probation or court be notified by TSA or airport? Would they only find out if I have police contact in Florida? I know it would be a bad idea so that’s not the answer I’m looking for. I’m wondering about the method of enforcing travel and ability to travel as a probationer. I don’t... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2022

TSA would be checking your identity primarily through NCIC, and of course against other unknown "no fly" lists. You would be detained at the airport if you are wanted, your credentials are sketchy, or you otherwise cause problems in the airport or on the plane. That's how your... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a 5 time felon ranging from bank robbery, resisting arrest and carrying a gun have a rifle at his residence?

No longer on probation, lives in Michigan.

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

No, unless the person goes through the process of having his or her "gun rights" restored. It is possible, but requires a 5 year waiting period and petition to the court. Until a person does that, it is a crime in itself for a felon to be in possession of any firearm.

1 Answer | Asked in Criminal Law for Michigan on
Q: What are the possible consequences for a first time felony charge of possession of an unlicensed firearm?

Pulled over for the lights being off, asked to step out of the car within 30 seconds for driving without a license. Searched the car and found a firearm, sat for about 40 minutes then detained both parties.

First time felony Ccw charge.

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

Maximum penalty is 5 years in prison. Depending on circumstances and your history - you say this is your first felony - it's likely to be probation or a short jail period, plus fines, costs, and forfeiture of weapon.

Like any crime, there are defenses available. And too, the search of...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: If I’m incarcerated in one state with a pending case in another is there a way to deal with the charges
Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

Yes. through a lawyer in the other state.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: If you're in trouble federally would the fbi send you a letter in regular mail saying you are target of an investigation

And the letter say to come to their office 2 plus hours away and bring a lawyer with in the next 2 years or they may issue a warrant?

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

2 years? It's entirely plausible for the FBI or any of the other "3-letter organizations" to reach out to you and let you know you are a target of investigation to secure your cooperation. There are also a lot of scams out there.

Do you have reason to believe you would be...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: What area of practice covers both drivers license restoration and gun record expungment (preventing / restricting employ
Dana B. Carron
Dana B. Carron
answered on Jan 30, 2022

My associate handles both of these areas. You can contact me for further information if you wish, or you could probably find someone else the easiest by searching for an attorney that runs a general practice.

2 Answers | Asked in Criminal Law for Michigan on
Q: I have a PPO on a guy that now his wife is making rude comments on my business Facebook page is this allowed
Brent T. Geers
Brent T. Geers
answered on Jan 29, 2022

Possibly not. Depends on what the PPO prohibits (third party contact?), and what comments his wife is making. You may need to seek one on her eventually.

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1 Answer | Asked in Criminal Law for Michigan on
Q: If a person is arrested for a crime and go through a jury trial and found not guilty can it found through a background

Check

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

Yes. There would not be a conviction. Evidence of having been arrested and charged with a crime could still exist (e.g. news reports).

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Is COVID a viable exemption to the right to a speedy trial?

My fiance is in jail in Michigan for a crime committed there. He's in the COVID quarantine pod and has missed his probable cause hearing twice, another man in the pod missed his 5 times, although he's no longer positive for COVID. Is this a violation of his right to a speedy trial?

Brent T. Geers
Brent T. Geers
answered on Jan 27, 2022

No, but there may be other actionable problems here. Generally, there is a right to have the actual preliminary examine within 21 days of arraignment unless waived, or upon "good cause" by the court.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can extradition boudaries be changed after issued
Brent T. Geers
Brent T. Geers
answered on Jan 22, 2022

Are you talking about pick-up ranges on warrants? Often times, when someone has a warrant, there will be a pick-up range listed. For instance, a warrant out of Kent County might say "we'll pick up within 100 miles from Kent county. That range depends on what the warrant is for (e.g. what... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have somebody who is looking for help in a legal case, they are wanted and want to turn themselves in, but need help

This person is 20 years old, and wanted from another state. They want to get their life together but need to turn themselves in. They want to, but do not want to have to go back to the state the charges are in due to some issues. Such as they were molested by a sibling and they don’t want to live... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2022

Hire an attorney in that state to help deal with this.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: An ex requested a ppo out of state
Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

What is your question? If you are aware of a PPO or have been served with one, you should act to respond appropriately to the allegations. If it's from out of state, you will likely need to hire an attorney in that state.

1 Answer | Asked in Criminal Law for Michigan on
Q: Currently my boyfriend has been in custody since 10/2019. I have questions in regards to speedy trial and pandemic.

He is currently awaiting trial and had been for 2 years. His original trial date was set for 4/2020 before it was canceled because of Covid. He is still awaiting and serving dead time for over 2 years now. It seems that the court system is scheduling trials for individuals that committed the... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

The frustration is understandable. I can tell you your boyfriend is not alone in his situation as many others - including parolees - have been or are still in the same position.

Just know that what most people think of as "speedy trial" is far more nuanced and complex. Just by...
Read more »

1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: My former boss loaned me 1500 and I haven't been able to pay it back. He's taking me to court. What should I expect?
Brent T. Geers
Brent T. Geers
answered on Jan 6, 2022

Assuming it's small court...no attorneys are allowed. You'll have a hearing - maybe with a judge / probably a magistrate or referee, depending on how that particular court is structured. From there, it will look a lot like what you may see on those judge TV shows (without the drama and... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I need to know if my CSC 4th degree from1998 in Michigan is eligible for expungement
Dana B. Carron
Dana B. Carron
answered on Jan 6, 2022

You need to speak to an attorney that handles expungements, because it will depend on your complete criminal history. We handle these, or you can contact someone else that you find here.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Michigan on
Q: Why would the death certificate be pending, when the Post Mortem Report listed "clozapine toxicity"?

He went into cardiac arrest after being drugged and assaulted. He was a legally incapacitated adult.

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2022

Death certificates are administrative, and may show more than what an autopsy determines. It's reasonable to expect some lag time.

1 Answer | Asked in Criminal Law for Michigan on
Q: Should this evidence have been presented during initial contact with the courts?

Persons have been exonerated due to official misconduct, false confession, perjury or false accusation or false/misleading forensic evidence.

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2021

How does any of this relate to what, presumably, is a case against you? The problem when people start saying "so-and-so committed perjury / lied / etc.", is that you have to prove it. No court is going to make a conclusion based on a bare-bones assertion that someone lied or some false... Read more »

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