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Here are some general tips for Court that I give to clients.

Be On Time

It can only help you to be punctual and make it to a court appearance early. The judge may note that you early, and that will be a mark in your favor. On the other hand, a judge may not be happy with a client who shows up a half hour late.

Being punctual is always a trait that is valued. It can help you to be on time even if the judge takes his or her time getting out of chambers and getting to the bench.

The case of People v. Manuel is a 2017 Michigan Court of Appeals case with a good discussion of drying marijuana v. usable marijuana.

The Case Facts

Defendant had a grow operation in his garage, and police found marijuana in tin containers. The police seized the marijuana found and weighed it. The first time the police weighed the marijuana it came out to 1,195 grams. The second time the marijuana was weighed it came out to 1,069 grams. These amounts would be about twice the limit of 425.24 grams allowed. However, there was a question of whether the marijuana was usable or was drying.

A Michigan State University Professor testified the difference in weight could be due to moisture in the marijuana. As time passed, the recently harvested marijuana dried and the marijuana became lighter. This evidence showed the marijuana was in a state of drying because the evaporating moisture could account for the lightening weight.

The Michigan Court of Appeals in the case of People v. Vronko discusses the issue of whether an exposure must actually be witnessed by another person fora conviction of the indecent exposure law.

What Does the Indecent Exposure Statute Say?

A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. This is a misdemeanor, punishable by up to one year in jail. Further, an indecent exposure where the private parts are fondled is a high-court misdemeanor, punishable by up to 2 years in prison. MCL 750.335a.

Probation is a common sentence when a person is convicted of a crime, whether misdemeanor or felony.

What is Probation?

Probation is a period of time a person convicted of a crime will be under court supervision. Probation could be as short as six months in cases such as misdemeanor retail fraud or disorderly conduct. Or probation could be imposed for up to two years for most felonies. By law, some crimes can allow a court to impose probation for up to five years, for crimes such as stalking or sex crimes. The judge will impose probation requirements that you are expected to complete in a timely manner. Failure to complete the probation requirements, or picking up a new criminal charge, could result in a probation violation hearing.

What Can I Expect on Probation?

There are general terms of probation as well as specific terms that may apply to your type of case. For example, a common probation term is no use of drugs or alcohol. Community service is also a common probation requirement. Everyone on probation will have to pay some fines or costs, which may vary depending on the court and probation requirements imposed.

At Arbor Ypsi Law, one of the services we provide is help with drivers license restoration. After too many drinking and driving convictions, a person can lose the driver’s license. This is called a revocation. You may only apply for a driver’s license after one year from the date of losing it. In addition, you may only apply for the license once a year. This raises the stakes for how you proceed with the process.

Getting Your License Back

The first step to getting your license back is to make sure you are ready. Have you had enough sobriety time under your belt to qualify? Even if you have the requisite amount of time, is that still sufficient for the Secretary of State? A sobriety date of a year and a day might not impress a hearing officer where that is measured against 15 years of hard drinking. Sometimes it is best to wait until there is a more solid sobriety date.

However, there are times when going in for a hearing to make a record for the next hearing may be necessary. This is especially true if we suspect it will be unlikely you may get your license back at the earliest possible date (though it never hurts to try if you’ve been putting in the work on sobriety).

Being charged with a crime is one of the most stressful times a person can experience. It is a time of uncertainty and unease because you don’t know what will happen. Going to court is uncomfortable, criminal defense lawyers are expensive, and there’s the time spent not knowing what will happen. Many people charged with crimes wish to simply “get it over with.”

This is especially common where a person is charged with a misdemeanor, a type of crime with lesser legal consequences. Many misdemeanors will not result in jail time or even a strict probationary period.

Fight the Urge to “Get it Over With”

Although jail time for a misdemeanor is not on the table, a misdemeanor may have other “collateral” effects. Collateral effects refer to a conviction that effects a civil matter. A common collateral consequence of a criminal conviction is on the drivers license.

At ArborYpsi Law we have experience representing clients on assault and battery charges, including domestic assault charges.

Can I get my Assault Case Dismissed?

Last week, we received two dismissals in domestic assault cases. In both matters, we set the cases for trial. The Prosecution was unable to produce key witnesses, and dismissed. One case was in Ann Arbor, while the other case was in the 34th District Court in Romulus.

The ability to obtain dismissals stemmed from our willingness to take the case to trial. Some cases are better than others. However, in each case, the client was willing to go to trial.

Cocaine is a schedule II substance in Michigan. Although cocaine is a schedule II substance, the law singles cocaine out for treatment as if it were a schedule I substance in terms of potential penalties.

Here is a list of the laws related to possession, use, sale, and driving for cocaine.

Cocaine Possession

Possession of cocaine under 25 grams, or between 25 grams and 50 is a felony, punishable by up to 4 years imprisonment, a $25,000.00 fine, or both.

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