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Michigan Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan on
Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2023

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal...
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1 Answer | Asked in Criminal Law for Michigan on
Q: warrant is issued for new charges while serving time in a diff county, will the time being served count for both countys
Brent T. Geers
Brent T. Geers
answered on May 3, 2023

Not necessarily. Could probably work something out as part of a plea agreement.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Michigan on
Q: I am currently on Section 8 in MI my kids dad will be getting paroled soon. Can he be paroled at my home .
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2023

I don't believe so, but you should check with the landlord and county DHS, and he should check with his parole agent.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: How do I get my Husband case remove off the internet as this is causing turmoil in my family

Derik Rothrock can this please be removed

Brent T. Geers
Brent T. Geers
answered on Apr 26, 2023

Simple answer is you can't. Criminal cases are a matter of public record. Is your husband convicted or charged and acquitted? Even if acquitted, court filings are generally available to the public.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can I retract statements as false allegations to my boyfriends parole officer? the statements i made led to a violation.

My boyfriend was taken into custody on a violation. He chose to waive his hearing with the parole specialist. I had no evidence or reports to back up my statements of domestic violence- I verbally reported to the parole officer, and i would have chosen not to testify if there had been a hearing.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Regarding to Michigan Clean slate law. Is 750.413 not included? It is very vague on traffic offenses.
Brent T. Geers
Brent T. Geers
answered on Apr 25, 2023

Off-hand, it may be included. Generally, "traffic offenses" are confined to MCL 257.

1 Answer | Asked in Criminal Law for Michigan on
Q: MY FRIENDS HOUSE WAS RAIDED . ONLY ONE PERSONS NAME WAS ON THE WARRANT.BUT THEY FLIPPED THE HOUSE AND NOBODY WAS IN THE

HOUSE. IS IT TRUE THAT ONE PERSON CAN BE IN THE HOUSE WHILE THEY SEARCH? I HAVE A LOT MORE. THE INVENTORY THEY TOOK WAS NOT LISTED

Brent T. Geers
Brent T. Geers
answered on Apr 24, 2023

Yes, and yes to your questions. The search warrant would be based on probable cause that evidence of criminal activity could be found within that house. Whether they found anything or not is largely immaterial. As to what was taken, people with ownership interest in that property could file a claim... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Felony probation violation, new charge " poss meth/ectasty" all from November 2021. ready to turn himself in.
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

There is not enough information here to determine with any accuracy how much time your fiance is looking at. And you shouldn't post more information on a public forum like this.

Call around to local criminal defense attorneys. They will need to know his criminal history, what he's...
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1 Answer | Asked in Criminal Law for Michigan on
Q: Is it possible to get a bench warrant for an open intoxication removed at an arraignment?
Brent T. Geers
Brent T. Geers
answered on Apr 16, 2023

Yes, provided it's the same court.

1 Answer | Asked in Criminal Law for Michigan on
Q: I was issued a PPO after I kept calling a woman asking for a std result and she never would give me can I fight this?

She provided every test result except one I also live in Ohio this woman lives in mi i also owned a firearm prior to meeting this woman the order says im supposed to turn over my firearm which I will I was wonder if I can fight the case do to woman giving me a std or should I just give up I do have... View More

Brent T. Geers
Brent T. Geers
answered on Apr 13, 2023

Regardless of why you were contacting her, it apparently was non-consensual. The better way to have handled it? You could have filed a police report. You could sue her civilly.

Can you fight the PPO? Be mindful you only have 14 days to object once served. From what you write, I can't...
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1 Answer | Asked in Criminal Law for Michigan on
Q: How can a warrant request be placed on a LEIN when the charge hasn't been adjudicated?
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2023

That's one of the purposes of LEIN - Law Enforcement INFORMATION Network. A warrant is notice to law enforcement to arrest you if contact is made; that's why warrants are placed in LEIN.

Charged and pending cases will show up in LEIN.

1 Answer | Asked in Criminal Law for Michigan on
Q: How do I file with the court a Petition for Removal of Uncharged Offense from LEIN?

Because of this uncharged offense on the LEIN I'm constantly being denied gainful employment.

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

Depends on what exactly is going on and what you consider "uncharged". If you were charged and then that case was "dropped" or "dismissed", that's not "uncharged", and the information would properly show up.

1 Answer | Asked in Criminal Law for Michigan on
Q: what is a probable cause conference
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Is it possible to get a restitution charge dismissed due to ineffective counsel??

I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would... View More

Dana B. Carron
Dana B. Carron
answered on Mar 20, 2023

You would need to successfully appeal and withdraw your plea first. That would remove the restitution.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Injured from a gunshot wound/stray bullet fired at my house with and I had no criminal involvement.Do I need an attorney

My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door... View More

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2023

You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... View More

1 Answer | Asked in Libel & Slander and Criminal Law for Michigan on
Q: How do I remove harmful stuff on me when it was expunged from my record? It is killing my chance at every job I take.

An expunged record should not be for all to be viewed.

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

Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: Will I be drug tested at a bond hearing for an assault charge?
Brent T. Geers
Brent T. Geers
answered on Mar 9, 2023

It's possible.

1 Answer | Asked in Criminal Law for Michigan on
Q: Do I have to be present for my attorney to ask for a adjournment
Brent T. Geers
Brent T. Geers
answered on Mar 7, 2023

It's hard to say; depends on where you're at in the case, what the hearing is about, and how far in advance are you asking for an adjournment. Generally, in criminal matters, you are expected to be present for all scheduled court hearings.

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: Is it legal for someone who isnt an employee at a restaurant to open up someone elses bill and look at their receipt?
Brent T. Geers
Brent T. Geers
answered on Feb 26, 2023

Probably not illegal or unlawful, but certainly not good social graces. The question for you, though, is why care if someone else bothers to look as long as they're not doing so to steal your information.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... View More

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