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In the case of People v. McBurrows, the Court of Appeals deal with a venue questions. The defendant was charged with delivery of fentanyl causing death. Before trial, Defendant raised the issue of whether the Monroe County Circuit Court was the correct venue for the trial. Venue means which court will hear the case. A criminal case must be tried in the correct court.

The Facts in the Case

The case itself was relatively straightforward. Two men went to Wayne County to purchase heroin from defendant, who sold them heroin. The two men were actually sold fentanyl. One of them used the drug back in Monroe County, overdosed, and died.

Before Trial

Defendant filed a pre-trial motion arguing that venue was not proper in Monroe County. Defendant argued that the only act he committed took place in Wayne County, not in Monroe. The trial court denied the motion, ruling the case could be tried in either Wayne or Monroe County because elements of the charged offense occurred in both counties.

DUI cases involving DFE use are common. Read below to learn about DFE and operating while intoxicated.

What is DFE?

DFE is shorthand for the chemical 1,1-difluoroethane. Users of DFE most often find the chemical in the aerosol spray Dust-Off, which is a product used for cleaning electronic equipment such as keyboards and computers.

What Are The Effects of DFE?

DFE use can provide a short but intense euphoria. Side-effects of DFE use include disorientation, dizziness, loss of motor control, memory loss, and loss of consciousness. These side-effects could impair a person’s ability to drive.

We’ve all heard the phrase Disorderly Conduct but might not know what the crime is legally speaking.

Legally known as disorderly persons, disorderly conduct most often refers to conduct that a person was intoxicated in public and endangering the safety of another person.

Disorderly Conduct Legally Speaking

For a person to be convicted of disorderly conduct, the prosecution must show the person was:

In Michigan, you can be charged with operating while intoxicated from huffing inhalants, which the use of solvent chemicals (glues, paints, gasses, etc.) to get high. This article discusses fighting OWIs involving inhalant use.

What is Huffing?

Huffing is the inhalation of a solvent chemical to become intoxicated. These chemicals can be found in products such as paints, glues, and gasses. The chemicals are otherwise legal – it’s the use of the chemicals that is illegal. Furthermore, driving while under the influence of the chemicals is a violation of the operating while intoxicated laws. These chemicals are considered an “intoxicating substance.”

What are penalties for hallucinogen related charges in Michigan? Read below for the state drug charges for hallucinogen drugs.

What is a Hallucinogen?

A hallucinogen is a type of drug that can cause hallucinations, such as perceptual changes, significant subjective changes in consciousness, thoughts, and emotions.

For the purposes of the penalties described in this article, hallucinogens specifically include the drugs LSD, mescaline, pscilocybin, psiloycn, peyote, and dimethyltyptamine.

Inhalants are one of seven categories of drugs that Drug Recognition Experts look for in a driving under the influence evaluation.

This article discusses the effects and signs of inhalant drug use.

Inhalants are a category of substances that have little in common except they are all inhaled. Inhalants include paints, gasses, glues, Nitrites and Nitrous Oxide.

Dispensaries will be the centerpiece of the new Medical Marijuana Facilities Licensing Act. Dispensaries (technically called provisioning centers) will be able to sell medical marijuana to an unlimited number of patients.

December 15 is the first date licenses for new medical marijuana industry positions can be obtained.

Five New Marijuana Jobs

The MMFLA creates five new marijuana industry roles.

Being charged with a crime is a stressful experience. All of sudden, there is uncertainty and anxiety about what will happen next. This article is an outline of the basic options a person has when charged with a crime.

Two Ways to Resolve Your Criminal Case

When you are charged with a crime, there are two ways that case can be resolved. You can resolve through a plea or a plea bargain, or it could resolve through a challenge by the defendant. The choice of resolution is up to you, the client. It is the criminal defense lawyer’s job to carry out the representation to achieve the client’s objectives.

Pleas and Plea Bargains

The first way to resolve a case is through a plea or plea bargain. A plea bargain is where someone admits guilt to something in exchange for a benefit in return. Hence, the bargain.

Protect your concealed pistol license. Know the law and prevent yourself from being in a situation where you face losing your CPL.

The following is a list of state civil infractions that relate to firearms, pistols, and tasers. A civil infraction is not a crime. There are misdemeanors and felonies that relate to firearms as well.

List of Civil Infractions

  • Records of firearms may only be accessed and disclosed by authorized system users and peace officers, and only for specific purposes. No Freedom of Information Act Requests for firearms records. MCL 28.421b
  • Purchaser of pistol fails to provide a copy of a pistol sales record to licensing authority. MCL 28.422
  • Failure by a licensed individual to carry concealed weapons license and state ID in his or her possession while carrying a pistol or taser device (electro-muscular disruption technology. MCL 28.425f(1)
  • Failure by a licensed individual to show licensing documents upon request to a peace officer by a person who is carrying a concealed pistol or taser. MCL 28.425f(2)
  • Failure by a licensed person with a CPL who is stopped by a peace officer to immediately disclose to a peace officer that he or she has a concealed pistol or taser. MCL 28. 425f(3). First violation – $500 fine and 6 month license suspension. A second violation within 3 years – $1,000 fine and license revocation. MCL 28.425f(3)
  • A person has a blood alcohol content of .02 – .08 while carrying a concealed pistol or taser. $100 fine and 1 year license revocation. MCL 28.425k(2)(c)
  • Carrying a concealed pistol or taser in a place prohibited by law. MCL 28.425o(6)
  • Carrying a concealed firearm while under the influence of a alcoholic liquor and a controlled substance. MCL 28.519

Contact Us

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

DUI charges may seem impossible to fight because the evidence appears based on science and numbers.

This couldn’t be further from the truth. The reality is DUI cases have more grounds on which to fight than many other types of cases.

In addition, fighting DUI charges is more common now for two reasons.

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