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Questions Answered by Brent T. Geers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My granddaughter is in prison for26 more months an her daughter dad wants her to sign a paper giving him full custody

She said no when she gets out will she have trouble with that

Brent T. Geers
Brent T. Geers
answered on May 6, 2024

Your daughter is in a tough spot. She may find herself without much of a choice between giving the father full custody or having her parental rights terminated. It will, undoubtedly, be an uphill battle to even shared custody upon her release unfortunately.

1 Answer | Asked in Construction Law for Michigan on
Q: Can I be sued

So I recently did a side job here in Michigan. I qouted the homeowner said amount for a front porch remodel. They added stuff on after the agreed upon quote. Now they are demanding I do more work for free out of pocket or they are taking me to court. I left and refused to do anymore work until they... View More

Brent T. Geers
Brent T. Geers
answered on May 6, 2024

Are you licensed? You are both wrong in your own ways. If you are not pulling permits, it's your license at stake. And if you are accepting money under the table, whose to say they haven't already paid you for the materials? You may have some legitimate ground to stand on in this case,... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I was charged with possession of firearm while intoxicated in Michigan. NO breathalyzer was given how can I be charged

And sentenced with no bac proof.

Brent T. Geers
Brent T. Geers
answered on May 2, 2024

You can be charged and convicted upon proper proof of either:

(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The individual has an alcohol content of 0.08 or more grams per...
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2 Answers | Asked in Criminal Law for Michigan on
Q: can i be in the room with my fiance and his P.O so i can atest that he hasnt been using drugs

I need to know now his test is anytime today

Brent T. Geers
Brent T. Geers
answered on May 2, 2024

That would be up to your fiance, and more specifically, his PO. I'm not sure what value would be placed on what you have to say. His drug test will either be negative or positive, and what you have to say probably won't change that.

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1 Answer | Asked in Car Accidents for Michigan on
Q: What is the process to get a drivers license suspension by the Michigan Secretary of State overturned?

My license was suspended by the Michigan SOS for 3 months as a result of an accident resulting in a fatality. The overpass was icy due to a prior winter storm (the main roads were fine). I exited the express way to find a man on my left walking along the exit. The road curves to the left and down... View More

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

Something appears missing here...how was the Secretary of State made aware of this incident to suspend your license? Normally that is through some court action. Did you at some point concede to a civil infraction perhaps?

You otherwise need to contact the secretary of state to see about...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My apartment is charging us $1099 a month for rent even though our lease states we agree to pay $970

In the lease it states "The Resident agrees to pay the Manager the total of $970.00 rent plus additional charges stated below:

$1,164.00 ($1,099.00 Rent +$55.00 Flat-rate Utility +$10.00 Carport Fee)".

When trying to contact management they state that they're under... View More

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

Have you already paid the higher rate? The discrepancy could simply be a scribner's error; either the $970 rate is right or the $1,164 amount is. What is the management saying about it? Unless the management company concedes an error in your favor, I think a court is likely to determine that... View More

1 Answer | Asked in Family Law and Criminal Law for Michigan on
Q: A girl 10 discloses to mother sexual touching by father no criminal charges is this a confirmed case of sex abuse

Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help

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

By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: We bought a house and found out they had bed bugs that were never disclosed, can we sue for treatment cost.

When we purchased the home we had a wood destroying pest inspection and there were no known issues disclosed. They also did not disclose that this was not the owners primary residence and they had to evict someone to sell it. It was a POA who sold the home. We purchased the home 4/12/24 and had a... View More

Brent T. Geers
Brent T. Geers
answered on Apr 23, 2024

Risk versus reward. Mr. Zichi provided a comprehensive answer. People greatly underestimate the costs, both in terms of time and money, it takes to litigate issues in court. Even if you were to prove your case, and a judge says "you're right, they're wrong", you still have to... View More

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1 Answer | Asked in Animal / Dog Law for Michigan on
Q: Gave someone a puppy and was suppose to return if didn't want her and they gave her away and now they won't return her

What to do if they won't give my dog back

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Not sure anything can be done. Presumptively, this was all done verbally; you have nothing in writing. Generally, when you give someone something, it becomes theirs once they accept the gift. There are no "give backs" under the law. Nothing would prevent them from giving the dog away now... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: What do the state have to prove if illegal substance found in Vehicle and driver nor passager was aware of it..yet both

Was charge with intent delivery...

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Possession can be actual or constructive. Knowledge can be established with circumstantial evidence (e.g. if something was found on the dashboard, a fact-finder - the jury - can infer that you were aware of it.

As a very general proposition, a driver is responsible for anything in the car....
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1 Answer | Asked in DUI / DWI for Michigan on
Q: My battery died in january, interlock device and now 3 months major violation just before my reinstatement hearing

January 20 to 22 no power, but I hadn't driven it since the 12 January. I was not ever informed that I violation and I also called them and they said that I had no violation. I got a lawyer but I am not feeling that I am a priority and I need my license. How confident should I be in getting it... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

No one - including your lawyer - can tell you with any certainty that you will get your license restored. The administrative hearing officers take a lot of factors into account. Most important, perhaps, is your ability to convince the hearing officer that you are and have been stone-cold sober over... View More

1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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1 Answer | Asked in Family Law for Michigan on
Q: 1st hearing, shouldn't I of received, evidence against me, medical orders, statements, disclosure? Paperwork?
Brent T. Geers
Brent T. Geers
answered on Apr 1, 2024

Not necessarily. Is this a custody or divorce case? If so, the 1st hearing is usually to establish a temporary order: figure out what's going on and how to keep things from getting worst. There's usually a lot of discovery and exchange of evidence left to do.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

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

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: I bought a Motorcycle online and it was advertised on line as a higher end model than what it was actually.

Bluebook difference was about $700 difference. I didnt realize it until about 6 months later. I still have 2 screen shots of the advertisement. I called and complained in 2020 but didn't hear anything back after talking to a supervisor telling him i was not making any more payments until this... View More

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

Consider talking with a consumer rights attorney who can advise you on what remedies may be available through Michigan's consumer protection act. I suspect though that once you accepted delivery of this motorcycle, and had it for at least 6 months before noticing anything, it may be difficult... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Does friend of the court charge for their services? Should child support received be the same as amount deducted?

Does employer have to send income withholding amount in a certain amount of time? If they don't what can I do? How come amount deducted isn't the same as amount received?

Brent T. Geers
Brent T. Geers
answered on Mar 25, 2024

There is a fee for services, which is why the amount deducted doesn't match the amount received. Your employer must comply with the income withholding order timely. But ultimately you are responsible for the entire amount owed.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I have multiple charges from the same incident but received multiple case numbers in Dearborn Michigan is the a error ?
Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Depends...different types of cases could be assigned different case numbers even from the same event. For example, you could be charged with a felony, a city misdemeanor, or a civil infractions; those would all have separate numbers. Further, if you were charged with felonies, you would always have... View More

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.

Bigger question for you is: why not let this tenant leave and...
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