Michigan Heroin Laws

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. Possession of Heroin Possession of less than 25 grams of […]

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Second-Offense Operating While Intoxicated

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 […]

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Federal Policy Toward Marijuana Shifts Backwards

The Justice Department today announced it would reverse the previous Obama Administration’s policy toward state marijuana laws. During President Obama’s tenure, the federal government took a hands-off approach to marijuana. This allowed the marijuana industry to expand. The Obama policy instructed federal prosecutors to de-prioritize marijuana prosecutions in these states, except where prosecutions involved organized crime. Colorado and Washington were the first states to allow legal recreational use. Alaska, Oregon, and Nevada followed suit. California started allowing recreational […]

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First Time Minor in Possession Now a Civil Infraction

An outdated law sees a big change in the new year.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

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How Can I Help My Attorney?

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 […]

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Federal Judge Stops Driver’s License Suspensions for Unpaid Fines

A federal judge has issued an order stopping the Michigan Secretary of State from suspending the driver’s licenses of persons with outstanding traffic fines. This is a win for Michigan residents who struggle to pay off traffic debts and whose licenses are suspended because they are unable to pay fines. There are about 100,000 people in Michigan with a suspended license. While a driver’s license in Michigan is a privilege, the consequences for not having a license is […]

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The Drinking and Driving Statute

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; A highway, A place open to the general public An area designated for the parking of […]

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Operating While Intoxicated by Fentanyl

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 […]

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People v. McBurrows: Getting Venue Right for Delivery Causing Death Case

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 […]

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Driving Under the Influence of DFE

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 […]

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