Post-Traumatic Stress Disorder has been added to the list of medical conditions for which medical marijuana can be used under the Michigan Medical Marijuana Act. This is the first condition to be added to the law since it was approved in 2008.
PTSD is an anxiety disorder that results from a traumatic event, such as a wartime experience.
To use medical marijuana a person must be certified from a physician as suffering from what the law labels a debilitating medical condition.
Under federal law, when a defendant is convicted of a major crime the defendant’s assets can be seized by the government. This action is called forfeiture. The idea is to take the profit out of crime and to compensate victims of crime.
The defendant’s assets may also be frozen prior to trial. In the U.S. Supreme Court case Kaley v. United States, the defendants wished to access their frozen assets. Their goal was obtain funds in order to retain an attorney for their case. The defendants proposed that they be allowed a hearing to challenge the probable cause finding of the grand jury. The Court ruled that such a hearing is not constitutionally required.
When the federal government initiates a prosecution for a serious crime a grand jury must deliver an indictment. An indictment involves a grand jury finding that there is probable cause to believe that the defendant committed the charged crime. If the grand jury also finds probable cause to believe that the defendant’s assets are linked to the charged crime then those assets may be frozen at that time in the anticipation of a potential forfeiture.
What are the drugs most found in drugged drivers? Below is a list by percentage of the top drugs found in people’s systems who were arrested for operating while intoxicated. This is for the year 2012.
However, there are a few reasons why these percentages might not accurately reflect the actual drugs found in people’s systems.
First, the Michigan State Police will generally not search for drugs if they analyze the blood and obtain a positive reading for alcohol. For example, if the blood draw reveals a .20 blood alcohol content, the blood will not be analyzed further for drugs. This means there may be many drivers out there who had alcohol and drugs in their system but we wouldn’t know because we only know their alcohol BAC. Second, the MSP police does not analyze the blood of drivers arrested for OWI for every known drug. The MSP only searches for the top tier drugs, unless specifically searching otherwise. This leaves the possibility that drivers may have other drugs in their system that went undetected. Nevertheless, below is a list of drugs by percentage found in people’s systems.
When a police officer stops a vehicle and believes the driver to be under the influence of alcohol the officer can ask the driver to take a preliminary breath test. This test involves the driver blowing into a portable device that measures the driver’s blood alcohol content. The results of the test can be used as the basis for the police officer to make an arrest for drunk driving.
Refusal to take this test is a civil infraction, punishable by a fine. For drivers of commercial motor vehicles, however, refusal to take the test is a misdemeanor, punishable by up to 93 days in jail, a $100 fine, or both, and will result in the issuance of a 24 hour out-or-service order. Drivers under the age of 21 will receive 2 points on their driving record.
The police officer may still arrest the driver even without the results of the breath test where there is probable cause to believe the driver had been under the influence of alcohol.
ArborYpsi law recently obtained a Not Guilty jury verdict in a domestic assault case.
Every domestic assault case involves a detailed backstory. These cases do not happen in a vacuum. By the time the parties come to court, there is a history and a relationship the attorney must work to understand when taking the case.
The cities of Lansing, Jackson, and Ferndale voted yesterday to amend their city marijuana laws.
Jackson and Ferndale voted to change their city ordinances so that the use, possession, and transfer of up to one ounce of marijuana on private property for individuals over the age of 21 would not be punishable under the city law.
Lansing residents voted to update the city charter to preclude penalties for the use, possession and transfer of up to one ounce of marijuana on private property for individuals over the age of 21.
A study of traffic stops in Kalamazoo that showed racial profiling by police has resulted in a significant decline in stops and citations issued following the study’s public release.
The study revealed that black drivers in Kalamazoo were more than twice as likely to be pulled over by a police officer than a white driver. Although black drivers were ultimately given less citations than white drivers, black drivers were more likely to be asked to exit their vehicles, handcuffed, and have their vehicles searched. Black drivers were also found to possess less contraband than white drivers.
The study, released on September 3rd, is believed to be at least partly responsible for a decline in the number of traffic stops performed by the Kalamazoo police. In September 2012 there were 1,504 traffic stops compared to 833 stops in September 2013. The number of traffic citations issued in that same period declined from 1,105 to 740. This October has already seen 326 fewer stops and 129 fewer citations issued than in October of last year.
Michigan state lawmakers are considering several bills that would expand the ability of certain law enforcement officials to carry a concealed weapon.
Currently, Michigan law prohibits people from carrying a concealed weapon in designated areas, known as weapons-free zones. These zones include bars, college campuses, day care centers, hospitals, houses of worship, large entertainment venues, schools, and sports stadiums. This prohibition does not apply to certain law enforcement officials, such as county correction officers, judges, police officers, and sheriff’s deputies.
House Bill 4133 would add current and retired state corrections officers to the list of people who may carry a weapon in a weapons-free zone.
Many misdemeanors will make you ineligible for a CPL. Felony convictions will make you ineligible for a CPL and a loss of your gun rights. Certain felony convictions will require a gun rights restoration petition in the circuit court.
Lost your CPL or gun rights from an old conviction? Get them back with an expungement or a gun rights restoration petition.
A conviction for any of the following misdemeanors will make you ineligible for a CPL for 8 years from the date of conviction;
A preliminary examination is a step in the criminal process in which the district court determines whether a defendant may be charged with a felony. A felony is a crime for which the potential punishment is over one year in prison, as opposed to a misdemeanor, which carries a maximum sentence of up to one year in jail.
The preliminary examination, generally referred to as a prelim, involves a hearing in which the district court will determine two things. First, whether there is probable cause to believe that a felony has been committed, and second, whether there is probable cause to believe that the defendant committed that crime. Probable cause means that it is more likely than not that a felony occurred and that the defendant committed that felony. Probable cause is a much lower standard of proof than is proof beyond a reasonable doubt, the standard needed for a criminal conviction.
In most courts a pre-examination conference will be held. Much like at a pre-trial conference for misdemeanors, the prosecutor and defense counsel will see if the case can be resolved through a plea bargain. If no resolution can be negotiated, then the case will proceed to the preliminary examination.
Ann Arbor Criminal Defense Blog
