Ann Arbor Criminal Defense Blog

I get many calls from people who say there were not read their Miranda rights when arrested. Many of these callers want to know the significance of this and how it may affect their case.

What are Miranda Rights?

We’ve all heard the Miranda rights recited on TV and most can people can probably recite them verbatim even though they have never been arrested. “You have the right to remain to silent. You have the right to an attorney. Anything you say can and will be used against you in a court of law.”

Why are Miranda Rights Read to People?

The Fifth Amendment of the United States Constitution provides that no person shall be compelled in a criminal case to act as a witness against him or herself. The U.S. Supreme has ruled this means people are entitled to receive a specific warning regarding this right in certain situations with the police.

Michigan has many laws aimed at disrupting the manufacture of drugs. The following laws and penalties all center around drug manufacturing. Some of these rules are aimed specifically at the manufacture of methamphetamine. MCL 333.7401c.

In Michigan, a person may not;

• Own or possess a home, building, or car to be used as a place involved in manufacturing drugs or drug dealing activities.

This article discusses the drug Ketamine and the law involving Ketamine, use, possession, and driving.

What is Ketamine?

Ketamine is a schedule II controlled substance in the drug category called dissociative anesthetics.

As a criminal defense attorney I get asked all sorts of questions when someone calls me for the first time. In this article I’ll try to address some common questions that I receive.

The Whole Case Seems Pretty Cut and Dry, Why Do I Need a Lawyer?

Many people call me and say that what I do seems cut and dry, so why do they need a lawyer at all? When I speak with potential clients, I explain the court process and the law in the most straightforward manner possible.

I do this for two reasons. First, we don’t have all day to talk. Explaining every little thing a criminal defense lawyer must do would be tedious. Second, going over over every nuance is not what the potential client really needs to hear at this stage. Down the road there will be a time to go into great detail, but the first phone call will not be that time. This straightforward manner of explanation leaves the potential client feeling as if the process is very simple and there’s no need for a lawyer. The reality is nothing could be further than the truth.

Fourth degree criminal sexual conduct is a type of sexual assault crime. A sexual assault crime is defined by the type of act a person has with another person and the relationship between the parties.

Fourth degree criminal sexual conduct includes sexual contact by one person to another. Sexual contact means the person intentionally touched another person’s genital area, groin, inner thigh, butt, breast or clothing covering those areas.

Fourth degree criminal sexual conduct is a misdemeanor, punishable by up to 2 years in prison, a $500 fine, as well as sex offender registration.

In the Michigan Supreme Court case of People v. Dunbar, the Court ruled that a traffic stop of defendant was lawful where the license plate was partially blocked by a bumper-mounted towing ball.

Facts of the Case

Police officers pulled Defendant over, claiming a mounted towing ball blocked one of the numbers on Defendant’s license plate on the back of his car. The officers believed the obstructed license plate violated MCL 257.225(2).

The police pull Defendant over. Police claim it smells like burnt marijuana. Police search car, find marijuana, cocaine, and a weapon. Defendant is charged with possession of marijuana, cocaine, and a concealed weapon.

The Court of Appeals in City of Plymouth v. Longeway discussed “operating” in operating while intoxicated. The case began in the 35^th District Court in Plymouth, with Judge Gerou presiding.

The Court ruled that a person is operating a vehicle when the person has actual physical control of the vehicle. The Court ruled that a person clearly has actual physical control of a vehicle when starting the engine, applying the brakes, shifting the vehicle from park to reverse, and then shifting back into park.

Facts of the Case

Defendant Longeway was charged with the Plymouth city ordinance of operating while intoxicated. She left 336 Bar in Plymouth and got in her car which was parked in a parking space. She turned the engine on, applied the brakes, shifted the car into reverse, and then shifted the car back into park. The car did not move.

Improper Lane Use is a civil infraction that motorists are frequently cited for. A cop citing you for improper lane use will write up a traffic ticket. The best bet is to avoid a traffic ticket in the first place. Avoiding traffic tickets means first understanding the law. Here is a breakdown of the improper lane use law.

Lane Use in General

Motorists need to drive within a single lane as much as possible. A motorist should not change lanes until ensuring they can make the change safely.

Two-Lane Highways

Motorists should drive in the right-hand lane as much as possible, except when overtaking and passing another vehicle. Motorists should only cross the center line to make left-hand turns.

This post is an overview of the animal cruelty law for animals in a person’s care. MCL 750.50. There is a separate law outlawing hurting an animal in general (MCL 750.50b).

What is Against Law in the Animal Cruelty Law

An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:

a. Fail to provide the animal with adequate care.