Ann Arbor Criminal Defense Blog

What Convictions Will Disqualify Me From Boot Camp in Michigan?

Published on: January 17, 2018 | ArborYpsi Law

A person convicted of a felony and headed to prison may instead attend boot camp as an alternative to prison. Not everyone is eligible for the boot camp option. At a starting point, convictions for certain crimes will disqualify people from boot camp altogether. Below is a list of those crimes. Disqualification includes conviction of the crime, or an attempt, conspiracy, or solicitation of the crime).

Operating while intoxicated causing death or serious injury. MCL 257.625(4) and (5)
Sexually delinquent person. MCL 750.10a
Taking woman and compelling to marry. MCL 750.11 (Repealed)
Animal fighting. MCL 750.49
Arson in the first degree. MCL 750.72
Arson in the second degree. MCL 750.73
Arson in the fourth degree. MCL 750.75
Setting fire to mines. MCL 750.80
Assault with intent to murder. MCL 750.83
Assault with intent to maim. MCL 750.86
Assault with intent to rob armed. MCL 750.89
Attempted murder. MCL 750.91
Burglary with explosives. MCL 750.112
Cruelty to children. MCL 750.136
Child abuse. MCL 750.136b (1), (2), (3), or (4).
Accosting a child for immoral purpose. MCL 750.145a or b
Child sexually abusive activity or material. MCL 750.145c
Solicitation murder. MCL 750.157b
Sodomy. MCL 750.158
Breaking prison, escape. MCL 750.193
Jail escape. MCL 750.195
Explosives, intent to terrorize. MCL 750.207
Malicious threats to extort money. MCL 750.213
Counterfeiting. MCL 750.260
First-degree murder. MCL 750.316
Second-degree murder. MCL 750.317
Death as a result of fighting a duel. MCL 750.319
Manslaughter. MCL 750.321
Death due to explosives. MCL 750.327
Death due to explosives with intent to destroy building or object. MCL 750.329
Death, firearm pointed intentionally but without malice. MCL 750.329
Incest. MCL 750.333
Indecent exposure. MCL 750.335a
Indecent liberties with child. MCL 750.336
Gross indecency, males. MCL 750.338
Gross indecency, females. MCL 338a
Gross indecency, male and female. MCL 750.338b.
Debauchery by females of males under 15. MCL 750.339
Debauchery by males of males under 15. MCL 750.340
Carnal knowledge of a state ward. MCL 750.341
Carnal knowledge of female state ward. MCL 750.342
Kidnapping. MCL 750.350
Prisoner taking hostage. MCL 750.349a
Kidnapping child under 14. MCL 750.350
Mayhem. MCL 750.397
Perjury in court. MCL 750.422
Poisoning food or drink. MCL 750.436
Soliciting or accosting. MCL 750.448
Pandering. MCL 750.445
Attempt to wreck train or endanger safety of passengers. MCL 750.511
Rape. MCL 750.520
Criminal sexual conduct in the first-degree. MCL 750.520b
Criminal sexual conduct in the second-degree. MCL 750.520c
Criminal sexual conduct in third-degree. MCL 750.520d
Criminal sexual conduct in the fourth-degree. MCL 750.520e
Criminal sexual conduct, second or subsequent offense. MCL 750.520f
Assault with intent to commit criminal sexual conduct. MCL 750.520g
Armed robbery. MCL 750.529
Carjacking. MCL 750.529a
Bank robbery. MCL 750.531
Treason. MCL 750.544
Incitement to riot. MCL 750.542

Call Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor lawyer focusing on criminal defense.

Michigan Heroin Laws

Published on: January 17, 2018 | ArborYpsi Law

What are the penalties for Heroin related charges? Heroin is a schedule 1 substance narcotic. This article only discusses possession and selling for charges involving relatively small amounts of heroin. Keep in mind the potential penalties increase as the amount of heroin at issue increases.

Heroin Use

Use of heroin is a misdemeanor, punishable by up to 1 year in jail, a $1,000.00 fine, or both. MCL 333.7404.

Second-Offense Operating While Intoxicated

Published on: January 16, 2018 | ArborYpsi Law

A drinking and driving offense that occurs within seven years of a prior drinking and driving conviction will be charged as an OWI-second offense, which comes with harsher penalties than a first-time OWI.

The type of charge the second time around doesn’t matter – whether it is operating while intoxicated, operating while visibly impaired, or operating with the presence of a controlled substance. These three charges result in the same sanctions as a second-offense charge.

What is the Penalty for OWI-Second Offense?

A second-offense OWI conviction comes with a mandatory minimum five days in jail. There are some judges who will impose more jail time than the minimum. There are also some judges who will skirt the law and not impose the 5 days, though there’s not many. The maximum punishment for a conviction is up to 1 year in jail.

What is Gross Indecency?

Published on: January 8, 2018 | ArborYpsi Law

In Michigan, it is a felony to engage in an act of gross indecency.

What is Gross Indecency?

There are two categories of violations of the gross indecency law. These categories are 1) committing a sex act in public and 2) committing a sex act involving a minor, even in private.

Committing a Sex Act in Public

This is where a person, who is in public, engages in a sex act, such as sex, fellatio, cunnilingus, or masturbation. These acts are easily identifiable as acts that will get a person in trouble for gross indecency.

Where Were Drivers Arrested for DUIs in Washtenaw County in 2017?

Published on: January 2, 2018 | ArborYpsi Law

We can tell where drivers were arrested for operating while intoxicated by looking at the arrest statistics by police departments. Below is a breakdown of the arrest statistics by police departments in Washtenaw County for 2017.

Many of the Washtenaw County Sheriff’s Department arrests will be in Ypsilanti Township, as the department patrols the township. The Sheriff can also of course patrol other areas throughout Washtenaw County. The Michigan State Police arrest many drivers mainly on the highways in Washtenaw County, as that is where the MSP is charged with patrolling. With a post in Brighton, there are many arrests by the MSP that will be in the western part of the county. These cases are usually charged in the 14A-3 District Court in Chelsea or the 14A-4 District Court in Saline.

The Sheriff’s Department made the highest number of OWI arrests at 313, with MSP troopers making the second highest number of arrests at 188. Ann Arbor PD came in 3rd place with 139 arrests.

First Time Minor in Possession Now a Civil Infraction

Published on: January 2, 2018 | ArborYpsi Law

An outdated law sees a big change in the new year.

For so long a minor in possession has been a misdemeanor charge. The law has now changed so that a first-offense minor in possession is a civil infraction. This means a first-offense minor in possession will no longer be a crime.

What is Minor in Possession?

A minor in possession is where a person under the age of 21 possesses alcohol or has any bodily alcohol content.

Where Were People Arrested in Michigan for DUI in 2017?

Published on: January 1, 2018 | ArborYpsi Law

Each year we can see the driving under the influence statistics for the state of Michigan. Below is a list of the top 20 counties for DUI arrests and how many arrests were made in 2017.

Arrests by County

Oakland 4,390
Wayne 4,283
Macomb 2,188
Kent 1,748
Gennesee 1,038
Washtenaw 887
Ingham 871
Ottawa 807
Allegan 732
Jackson 717
Kalamazoo 703
Livingston 684
Berrien 666
Saginaw 548
Muskegon 546
Calhoun 503
Isabella 468
Saint Clair 464
Bay 445
Monroe 444

ArborYpsi Law Focuses on DUI Law

We focus on DUI law. We are not interested in doing the bare minimum. Call us to see what we can do. We will fight for you.

Free Initial Consulation

Any potential client is welcome to our office for a free initial consultation. We can spend up to a half hour discussing the law, your options, my qualifications as a lawyer, and whether we are a good fit for attorney and client. No obligation to come into the office. Call us anytime at 734-883-9584.

How Can I Help My Attorney?

Published on: December 26, 2017 | ArborYpsi Law

How Can I Help My Attorney?

Many clients ask me what they can do while their case is pending. For the client the case is part of their life and being proactive helps control the outcome.

Write Down Everything

You should take notes on everything that’s happened but keep the notes to yourself until your lawyer requests them. These notes should include anything related to events in question, your relationship with people involved, and the police investigation.

There are two reasons for this:

The Drinking and Driving Statute

Published on: December 22, 2017 | ArborYpsi Law

This page is an overview of the statute governing Operating While Intoxicated (drinking and driving, DUI, etc) laws. MCL 257.625.

This article outlines the law in the order it was written, which is not necessarily the most straightforward way to read it.

Definition of Operating While Intoxicated

A person, regardless of driver’s license status, may not operate a vehicle while intoxicated on;

Operating While Intoxicated by Fentanyl

Published on: December 21, 2017 | ArborYpsi Law

Fentanyl is in the category of drugs known as opiates, drugs derived from opium. Drugs in this group include morphine, codeine, and heroin. These drugs act as painkillers.

The drugs vary in terms of strength, but they all produce similar effects. For example, heroin has two to three times the strength of morphine. Fentanyl is about 75 times the strength of morphine. Some opiates can be thousands of times stronger than morphine.

Fentanyl use has become common with the increased opiate use across many communities in America. You can see based on the relative strength of fentanyl how much stronger it is than heroin. Many people believe they are using heroin when in fact they are using fentantyl, which is dangerous because of how much stronger fenatnyl is than heroin.