Ann Arbor Criminal Defense Blog

Michigan Says Yes to Legal Weed

Published on: November 7, 2018 | ArborYpsi Law

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 marijuana is still against the law. However, this is a change from the current law which prohibits driving with any amount of marijuana in a person’s system. A person is under the influence when their driving is significantly affected by marijuana.

What is the Difference Between a DUI and an OWI?

Published on: October 30, 2018 | ArborYpsi Law

Many people ask me what’s the difference between a DUI and an OWI. I don’t lessen any confusion because I use both acronyms a lot on my website.

DUI stands for driving under the influence. OWI stands for operating while intoxicated.

Both phrases mean the same thing, which is a term for the crime drinking and driving (or drugged driving). The phrase operating while intoxicated is the correct term from a legal standpoint. However, the phrase driving under the influence is used so often that people use it for operating while intoxicated. Perhaps other states have a law called driving under the influence on the books.

Michigan to Vote on Legal Marijuana Soon

Published on: October 27, 2018 | ArborYpsi Law

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

What is a Plea Bargain?

Published on: October 26, 2018 | ArborYpsi Law

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. This is in contrast to a trial, in which you may win and walk away, or lose and make the situation worse than it would have been with a plea bargain.

Learn About DUIs in our AYL Articles

Published on: October 25, 2018 | ArborYpsi Law

Here are some articles to answer all your DUI questions:

Is there any place where you could legally drink and drive? The operating while intoxicated statute tells us where you cannot drive while intoxicated, but is there any place you could legally drink and drive? Read our article on Can I Drink and Drive in My Own Driveway? to answer these burning questions and more.

Self-driving cars? Flying Cars? The cars of the future may be closer than we think. Can you be in trouble for driving under the influence if the car is doing the driving and you’re just in the car? Read about the cars of tomorrow in Can You Get a DUI in a Self-Driving Car?

What Drugs Do The Police Look For in a DUI Case?

Published on: October 24, 2018 | ArborYpsi Law

When a person is arrested for driving under the influence, the person’s blood is drawn and analyzed by the Michigan State Police. The State Police are looking for alcohol and drugs. There are a lot of different kinds of drugs out there, and the blood cannot be analyzed for every single kind at once. So the blood is analyzed for a little over 50 different types of drugs. The blood will be further analyzed for other drugs only at the request of the officer who arrested the driver.

These 50 drugs could be considered the top drugs that people are under the influence of when they are arrested for a DUI. Below is a list of the drugs and a short description. They are in alphabetical order, not the order of greatest frequency.

6-monoacetylmorphine (6-MAM) – This is a metabolite of heroin. The substance that remains after heroin is used and broken down in the body.
Acetyl fentanyl – An analog of the opiate fentanyl. It is estimated to be fifteen times stronger than morphine.
Acrylfentanyl – An opioid analgesic that is analog of fentanyl. It is slightly stronger and has a longer duration than fentanyl.
Alprazolam – Otherwise known as Xanax, a benzodiazepine prescribed to treat anxiety.
Amitriptyline – A prescription medicine for depression and anxiety knowns as Elavil. Not a controlled substance.
Amphetamine – A central nervous system stimulant. Prescribed for attention deficit disorder, narcolepsy, and obesity. Adderall may be one brand name for amphetamine prescriptions.
Benzoylecgonine – The main metabolite for cocaine.
Buprenorphine – An opioid drug.
Butalbital – A barbiturate often used for headaches.
Carfentanil – An opiate painkiller that is an analog of the opiate fentanyl.
Carisoprodol – Soma. This is a muscle relaxant.
Chlordiazepoxide – Used to treat anxiety and alcohol withdrawal.
Citalopram – An anti-depressant medication.
Clonazepam – A benzodiazepine commonly used to treat seizures.
Cocaine – A stimulant. White powder.
Codeine – An opiate painkiler.
Cyclobenzaprine – Flexeril – used for muscle spasms.
Diazepam – A benzodiazepine used to treat anxiety.
Etizolam – A benzodiazepine.
Fentanyl – An opioid painkiller. Very strong.
Flubromazepam – A benzodiazepine.
Flubromazolam – A benzodiazepine. Lasts up to 18 hours, a very long time for these types of drugs.
Flunitrazepam – Known as Rohypnol, also known as roofies.
Furanyl fentanyl – A fentanyl analog about a fifth the strength of fentanyl.
Gabapentin – Drug used for neuropathic pain, which is pain caused by peripheral nerve problems.
Hydrocodone – Painkiller. Known as Vicodin ad Norco.
Hydromorphone – Dilaudid, a painkiller.
Ketamine – A non-opioid pain reliever. Known as a dissociative anesthetic. Along with PCP, the only two drugs on this list in the dissociative anesthetic group. This type of drug causes pain relief in a different manner than opioid drugs.
Lamotrigine – An anti-convulsant medication.
Lorazepam – A benzodiazepine used to treat seizures.
MDA – An ecstasy-type drug.
MDMA – Ecstasy.
Meprobamate – A benzodiazepine.
Methadone – An opioid used for opioid dependence therapy.
Methamphetamine – Stimulant drug.
Midazolam – A benzodiazepine.
Morphine – Opiate painkiller.
Naloxone – A medication used to block the effect of opioids, especially during an overdose.
Norbuprenorphine – An opioid metabolite.
Nordiazepam – A benzodiazepine primarily used for anxiety disorders.
Norfentanyl – A fentanyl analog.
Oxazepam – A benzodiazepine.
Oxycodone – Oxycontin. Painkiller.
Oxymorphone – Opiate painkiller.
Phencyclidine (PCP) – Hallucinogenic dissociative anesthetic.
Phenobarbital – A barbiturate commonly used as anti-seizure medication.
Phentermine – An amphetamine.
Sertraline – Zoloft, a selective-serotonin reuptake inhibitor.
Sufentanil – A fentanyl analog. An opioid analgesic.
Temazepam – A sedative used to treat insomnia.
THC-COOH – The metabolite from marijuana.
Tramadol – A painkiller.
Trazodone – Sedative and anti-depressant.
Venlafaxine – Nerve pain medication and anti-depressant.
Zolpidem – Ambien, to help insomniacs sleep.

The majority of these drugs are either anti-anxiety type medications or fentanyl-related painkillers.

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

Published on: October 23, 2018 | ArborYpsi Law

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 the car, and conducted a search warrant on the house, leading to further charges for Defendant.

Arguments and Issues in Court

Defendant filed a motion to suppress the evidence. He argued the police had no reasonable suspicion to pull the car over. Reasonable suspicion of criminal activity is the standard police must meet to pull over a car.

Inhalants: Use, Effects, and Dangers

Published on: October 20, 2018 | ArborYpsi Law

Inhalants refer to solvent chemicals and aerosols that people inhale to get high. The chemicals can be found in household products, such as gasses, glues, coolants, and paints. Inhalant are commonly used by younger people, who may be unable to obtain drugs and alcohol but have easy access to such products.

Although the types of chemicals that can be used are diverse, they all have two things common. First, the chemicals can be inhaled in gas form. And two, the chemicals produce similar feelings to alcohol and anesthetics.

Past national surveys found the highest amount of inhalant use was in those under 18-years-old. A survey in 2010 found that over 21.7 million American tried inhalants at least once.

Can a DUI be Dismissed?

Published on: October 10, 2018 | ArborYpsi Law

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 the defense explains why the case should be dismissed (unless the prosecutor is really cool). DUI laws are tougher than ever. And with that comes pressure on the prosecutor to bring these cases.

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

Published on: October 6, 2018 | ArborYpsi Law

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.