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Michigan Questions & Answers
1 Answer | Asked in Criminal Law for Michigan on
Q: What does it mean when a criminal case is deposed?

It says deposed on a guilty plee

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

It means just that: the criminal case ended because the defendant said "I did it", eliminating the need for a trial.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Is lawful for an unmarked police car to initiate a traffic stop?

I've read that in Michigan it is required that police vehicles have identifying markings in order to do routine traffic stops and that it is unlawful for an unmarked police vehicle to initiate a traffic stop. Is there any written law to indicate this? Must they call in a marked unit to... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

What do you mean by "marked" cars? Some police agencies conduct traffic enforcement with cars equipped with lights / sirens, but no other markings. Those are not "unmarked" cars.

You have a potential defense to a fleeing and eluding charge if the car was truly unmarked...
Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: I want to relocate to PR but I have a legal shared custody with mom of 50% each how can I fight full custody
Brent T. Geers
Brent T. Geers
answered on May 16, 2022

You potentially have an uphill battle. You need to show a change of circumstance or proper cause. You can move to PR, but it's likely going to come at the expense of Mom gaining primary custody, and you having parenting time in summers and major school breaks.

1 Answer | Asked in Foreclosure and Tax Law for Michigan on
Q: Did court rule retroactive 2020

I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I file for child support after 6 years with no visitation rights

My son is 6 I’ve raised him with my family. His father is 100% Absent

I have serious concerns to the point we separated when I found out I was pregnant

Mental wellness

Substance abuse

Violence

Lying about sexual abuse

I have a lot of real... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.

Think of it this way: if I (a complete stranger on the internet) called you and asked...
Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: What are the legal consequences for an employee who houses a patient in their home that they are not related to?

I recently found out that an employee who works in a health center (located within a high school) currently has a student living in their home. There is not blood relation to the student and no legal documentation indicating the employee has guardianship or can care for the student. The student is... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

My first question is what does this have to do with you? If you are not the employee in question, or that person's employer, or this now adult, I'm not seeing a question. It's possible the employee has (had) a power of attorney signed by the student's parents. Of course now that... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can my university fine me $120 for not attending their chapel sessions?

I attend a private christian college (Cornerstone University) in Grand Rapids MI who has bi-weekly chapels (like a christian lecture/sermon thing). Normally 15 of these are required a semester but if you have a work conflict you can be excused. I do have a work conflict, but recently they added the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

Your general sense would be right if you were attending a public school. You are attending a private, religious school. I would assume not paying the fines, and certainly continuing to not attend or watch chapel services, will eventually result in the school asking you to leave. The school has... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: What is the definition between felony murder and aggravated murder?

When someone punches another in the face, reportedly triggering a seizure and the individual dies does this constitute murder?

Brent T. Geers
Brent T. Geers
answered on May 13, 2022

There are several statutory forms of murder: 1st degree / felony murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. The facts of the case determine the degree.

In the fact scenario you provided, the person could be charged with involuntary manslaughter,...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?
Kenneth V Zichi
Kenneth V Zichi
answered on May 12, 2022

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord charge me $50 a day for late fees on my rent?

I got behind a few months on my rent and finally told her that I'm just gonna have to move. I can't afford the place any longer. Now she wants me to pay the 3 months back rent plus an additional $50 a day late fees. The late fee totals are $4500. I understand the back rent and even a few... Read more »

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

I would suggest moving as soon as you can. If she tries to evict you, I doubt a judge is going to impose that much in late fees as at first blush it seems excessive. But there is a lesson in this: read closely what you sign.

1 Answer | Asked in Immigration Law and Tax Law for Michigan on
Q: What is my legal address between moving?

I'm planning to move across country coast to coast, and plan to drive. It's going to be a few days of driving. Assuming I:

Move between 05-09/August

Started a lease on an apartment in new location, 01/August

Ended my lease in old location, end of August

For... Read more »

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

You should consult an immigration lawyer for specifics on any nuances you may be subject to - particularly whether you need to declare a new location before moving. But generally, residency is prospective and intentional, determined by the place you intend to reside going forward. You have a lease,... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: If a agent sells me a house without disclosing that the next door neighbor is a drug house or drug dealer, can I sue?

If yes - How do I determine damages?

Kenneth V Zichi
Kenneth V Zichi
answered on May 10, 2022

Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: How long does a person to complete a court order judgement in Michigan-- Repair easement and install a colvert

I settled back in the fall of 2021 The court order is to repair the easement and install a colvert so the water can flow back in to the drainage ditch like it before they changed it How long do i wait or do they have to do this court order before i have a letter or refile back in court

David Soble
PREMIUM
David Soble
answered on May 9, 2022

It will depend on what the court order or settlement agreement (if applicable) requires. If there is not a time set to complete the work, then it should be done within a reasonable time frame. However, most court orders will have a set time for a party to follow the court's requirements.... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: How can I go about getting guardianship or custody of my friend baby she is from Nj I am in Ohio
Brent T. Geers
Brent T. Geers
answered on May 9, 2022

Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.

1 Answer | Asked in Divorce for Michigan on
Q: Regarding abuse of discretion

This is what the judge said to my ex-wife at the ruling of the division of property, "don't worry you'll come out on top, he'll die before you, he's in bad health and smokes" after I was not allowed my witnesses because my ex-wife said one of them talk to his wife on... Read more »

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

It's impossible to say without reviewing the complete transcript to determine context. Also, without know what the judgment of divorce says, it's impossible to tell if the judge abused his or her discretion.

In most divorce situations, the parties walk away with approximately...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If someone moves into your house(with you occupying it) after asking to live there and not receiving an answer

In any way did she receive an answer from either of us. And had been kicked out a total of 4 times after being told each time after the original “move in” had happened that she could not live here. Had never helped pay for anything at all including the phone that was prior to her so called move... Read more »

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

You're in a quasi-legal jam. I'm not sure how someone moves in four times uninvited; you may have a tenancy issue and find that you need to formally evict this person. She could file a claim and delivery action for her stuff. Will she do that, who knows. Likewise, I'm not sure how... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it legal for a cop in michigan to be on your property in plan clothes and tell someone their your landlord

I'm not sure what category to put this in.

Brent T. Geers
Brent T. Geers
answered on May 5, 2022

Your question depends more on where the cop was on your property, and your standing in the action. Cops can lie, and so you, they can say they are someone's landlord.

I assume you are asking about a situation that led to an arrest - and not your own. In that case, you have no...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... Read more »

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