New Law for Technical Probation Violations

A new probation law goes into effect this year that will limit judge’s ability to create long sentences for “technical” probation violations. The New Law A person who commits a technical probation violation may only be sentenced up to 30 days in jail. Following the jail sentence the probation may return to probation. Multiple probation violations that occur at the same time will be treated as if they are just one violation. This jail term limit does not […]

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Drinking and Guns For CPL Holders

Drinking and guns don’t mix. Having a bodily alcohol content while carrying your gun can lead to a suspension or revocation of a concealed pistol license, depending on your BAC. Study the law in advance and avoid losing your CPL. The Law It is against the law to do any of the following: Carrying a pistol or taser with a blood alcohol content of .10 or more is a misdemeanor, punishable by; Up to 93 days in jail […]

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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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What is Gross Indecency?

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. […]

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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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