Michigan Says Yes to Legal Weed

In a historic vote the people of Michigan have chosen to make marijuana legal for recreational use. What is Allowed Those 21 and up can have up to 2.5 ounces of weed on them. They can have up to 10 ounces at home (must be locked up). People may grow up to 12 plants at home for personal use. What isn’t Allowed Lighting up in public will still be against the law. Importantly, driving under the influence of […]

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Michigan to Vote on Legal Marijuana Soon

In less than two weeks Michigan voters will go to the polls and decide on legal marijuana. Less than ten years ago Michigan voters overwhelmingly approved medical marijuana. So we’ll see what happens this November 6. What Are We Voting on Exactly? Here is the language that you will see on the ballot when you go to vote: Proposal 18-1 A proposed initiated law to authorize and legalize possession, use and cultivation of marijuana products by individuals who are at […]

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What is a Plea Bargain?

A plea bargain is a deal between the prosecution and defendant. A plea bargain is where a person admits guilt in exchange for a benefit in return. There are two ways to resolve a criminal case – either through a plea or by challenge by defendant, such as motions or trial. A plea bargain is the most common type of resolution. This is because a plea bargain provides the defendant with certainty about the outcome and known benefits. […]

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Court Upholds Police Practice of Pulling Over Uninsured Drivers Based on LEIN Info

The Court of Appeals said police may pull over cars that the Law Enforcement Information Network shows has no insurance. This is from People v. Mazzie. What Happened in the Case The case was based on a traffic stop made by Monroe City Police Officers. The officers stopped the car because the Law Enforcement Information Network (LEIN) showed that the vehicle had no insurance. Defendant was a front seat passenger in the car. Police later found cocaine in […]

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Can a DUI be Dismissed?

A DUI can be dismissed – but we must put in some work first. How to Get a DUI Dismissed Many clients have this image of the defense lawyer rolling into court and speaking with the prosecutor in the backroom. They believe all the defense lawyer must do is explain to the prosecutor why the evidence against the client isn’t strong, and the case is dismissed. The reality is the prosecutor will not simply dismiss the case because […]

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Universities Must Allow Cross Examination in “he-said she-said” Sex Misconduct Cases, Court Says

Colleges must provide an opportunity for cross examination in sexual misconduct cases where credibility of the parties is the main issue. This was the opinion of the federal Sixth Circuit Court of Appeals when it found in favor of a college student accused of sexual misconduct. You can read the full case here. This case will have a great impact on the way colleges in Michigan conduct sexual misconduct hearings. What Happened in the Case John Doe and […]

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What is a Drug Recognition Expert?

A Drug Recognition Expert is a police officer trained to determine whether a driver is impaired by drugs. The science behind what Drug Recognition Experts do is flimsy to say the least. The officer is supposed to run a battery of tests on the driver to determine: Whether the person’s ability to drive is impaired and, Which type of drug has caused the impairment if unknown. The officer may believe a driver is impaired by drugs but not know […]

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What Happens in a Domestic Assault Case

If you’re reading this article either you or someone close has been charged with domestic assault. This is an overview of the law and your options in a domestic assault case. What is an Assault and Battery? This is how I explain an assault and battery to people. A battery is when I punch someone. An Assault is when I threaten to punch someone and have the present ability to carry out the threat, or a tried to […]

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Recent Court of Appeals Cases

Here is snapshot of several recent Michigan Court of Appeals cases. People v. Edwards: The Court vacated a conviction for lying to a police officer in an operating while intoxicated case. The Court based its opinion on the officer’s failure to inform the Defendant he was under investigation for a drinking and driving offense. Although an unpublished opinion, the reasoning is important for OWI cases. People v. Mazzie: In this published opinion, the Court ruled that officers may […]

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New Rules for Marijuana Edibles: Did Your Favorite Food Make the Cut?

Which marijuana edibles will be allowed under the new medical marijuana rules? Non-refrigerated edibles are allowed. Foods that require refrigeration will not be. Why is that? Refrigerated foods tend to produce unhealthy microorganisms – that’s why they need refrigeration to keep the toxins in check. These new rules are a part of the new Medical Marihuana Facilities Licensing Act, which governs the expanded medical marijuana industry in Michigan. The list below shows what can and cannot be sold […]

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