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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Michigan question

if someone is an inmate in michigan and gets extradited to florida for criminal charges and the verdict is rendered and they signed papers to be sent to do prison time back in Michigan how long does it take to get back there? and who's responsibility is it to get the prisoner back to Michigan?... View More

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

Generally, it's the state requesting extradition that's responsible for the pickup and costs. In this case, it sounds like Michigan is requesting this person back, and the signed papers waiving extradition. Now it's a wait-and-see game.

There is no set timeline. Often -...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Do all the pages in the Affidavit for search warrant need to be signed by a judge or magistrate
James L. Arrasmith
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answered on Oct 20, 2024

No, not every page of the affidavit for a search warrant needs to be signed by a judge or magistrate. Typically, the law enforcement officer who prepares the affidavit will sign each page to verify the information provided. This ensures that all the details supporting the warrant request are... View More

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Michigan on
Q: can a cop pull you over if you did not I commit a traffic violation

yes a cop was doing a on going investigation and he was looking for somebody for questioning but pulled me over to try to find a person so he can question them but again nothing to do with me but he dont have the right to pull me over for no reason said this traffic stop is for a on going... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your experience. Police officers generally need reasonable suspicion to make a traffic stop. If you didn't commit a traffic violation but the officer believed you might have information related to an ongoing investigation, they may have grounds to stop you.... View More

1 Answer | Asked in Criminal Law, Family Law and Probate for Michigan on
Q: How do I request a copy of my competency report that has been sealed by the judge in my criminal court case?

My mom needs it to get guardianship of me.

Anthony M. Avery
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answered on Sep 11, 2024

Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.

1 Answer | Asked in Criminal Law for Michigan on
Q: What is a quarterly reduction? My fiancé is in Newaygo county jail brought it up to me and wanted me to look into it

He wants to know if he could get out 3 months early with a quarterly reduction

Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Yes, it is a thing. See MCL 800.33. It's rarely successful but perhaps worth a try. The times I've seen it work are when there are verifiable exceptional circumstances well beyond "I've been good in jail".

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Someone said they are going to file a police report on me for something I didn't do. What to expect?

I was in a public park shooting spiders with a salt gun. It's a harmless toy that's not illegal to use in Michigan. A man was recording me and said he was going to report me to the police because he accused me of theft and vandalism. Apparently his belongings got stolen and the bathroom... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

IF he actually contacts the police, the police will likely either try contacting you to see what you have to say or may decide not to pursue criminal charges - in which case you may never hear about this again.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What branch of government is a Michigan district court probation officer? (case law/MCL reference would be appreciated)

The material issue is the issuance of a felony arrest warrant and three search warrants in a felony criminal case, behalf a non-attorney Michigan District Court Magistrate, who simultaneously holds the position of a Michigan District Court Probation Officer, in violation to the "neutral and... View More

James L. Arrasmith
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answered on Jul 29, 2024

In Michigan, district court probation officers are part of the judicial branch, as they work directly for the district courts. The case law you referenced, People v. Kern, confirms that the Michigan Department of Corrections (MDOC) has jurisdiction over probation officers under MCL 791.204.... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: is pepper spray legal self defense in Michigan
Lisa Kirsch Satawa
Lisa Kirsch Satawa
answered on Jul 12, 2024

Yes! It is legal to both buy and use pepper spray in Michigan.

1 Answer | Asked in Criminal Law for Michigan on
Q: How can I find out the reason why a misdemeanor case was dismissed by the city attorney?

Background: Our neighbors keep burning outdoor fires late at night polluting the neighborhood. After the cops had come out 5 times without charging them for open burning, we finally insisted on the 6th time that they be charged, which they were. The case went to pretrial but it was dismissed by... View More

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

There would not otherwise be a reason expressed in most cases. The prosecutor (or city attorney) can dismiss cases at any time without giving a reason.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was arrested for my first offense of a misdemeanor. If I get sent to jail, can my mother keep my child?

Father is unknown, not in the picture, and not on her birth certificate.

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

Yes. Preferably through a prepared power of attorney form. But you might be putting the cart before the horse here; I would not anticipate any significant jail time on a first offense misdemeanor.

1 Answer | Asked in International Law and Criminal Law for Michigan on
Q: I shipped magic mushrooms spores threw the usps mail f I called to track my package and it directed me to customs & sect

I also had 4 bags of uncle beIns rice in which I sent with spores inju Ted. Not sure if mycelium grew or not but it isn't able to produce mushrooms until id do the next step by adding concentrate. So no actua mushrooms.

James L. Arrasmith
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answered on Jun 26, 2024

If you're concerned about potential legal issues, I would strongly recommend speaking with a criminal defense attorney who can advise you on your specific situation and legal rights. They can provide confidential guidance on how to proceed.

For your wellbeing and safety, I'd...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Michigan on
Q: What happens if a presiding judge is put on a case that has conflict of interest with the defendant.
Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

Any party can motion for the judge to recuse him or herself.

1 Answer | Asked in Criminal Law for Michigan on
Q: I tried to turn myself in on Friday 4-19 when I was supposed to but I was late on the time.. they would not take me due

Due to having no i.d and no paperwork. I went back Tuesday as I have no vehicle and they wouldn't come get me.. it's on a circuit.court sentence I sat for 10 hours and left due to no food or drink and was ignored the whole time at the jail. I'm calling sheriff now.. can they get me... View More

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2024

New charges? Unlikely. The court may issue a bench warrant though. I would suggest contacting the court to let them know you've been trying to turn yourself in, and keep trying to do so.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: how long does it tak e to appeal acrimal case
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2024

Months or years. It's not a fast process. And in the cases meriting success on appeal, you often times end up back in the trial court for further proceedings, which again takes time.

1 Answer | Asked in Criminal Law and Juvenile Law for Michigan on
Q: i am in a relationship with and 18 year old and i am 14

when my boyfriend was 16 i lied and said i was 15 and we did sexual things, when he found out we continued to do sexual things. police got involved and we stopped talking to wachother sexually and kept it platonically police closed the case as i had all my electronics taken away and it wasnt... View More

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Yes! And regardless of your consent. Your boyfriend may soon learn the hard way about perceptions sometimes being reality.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Voice prints are like finger prints, and I have and I am recording, if anyone would like to review my recordings in I

I would be more than happy to let someone review my recordings and determine if they believe I have the grounds for a civil lawsuit or any other type of lawsuit.

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

It could be difficult for attorneys here to offer their services to review your recordings. The format is basic Q & A - attorneys can't offer their services. One option is to reach out to attorneys independently - that would be outside the forum. Good luck

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